7.8.1 For Municipal Corporations in Mumbai Metropolitan Region and Pune Metropolitan

Region. Development of Information Technology Establishments / Data Center shall be regulated as per the Information Technology & Information Technology Enabled Services (IT / ITES) Policy - 2023 as declared by Industries Department vide Government Resolution No.ITP-2021/CR-170/ IND-2, dated 27/06/2023 and amended from time to time which are mentioned below :-

i) a) The Authority may permit additional FSI as mentioned below over and above the basic permissible F.S.I. to all registered Public and Private IT / ITES Parks / AVGC Parks / IT SEZs or IT Parks in SEZs / Stand-alone IT / ITES units in public IT Park / Data Centers (including IT / ITES units / Data Centers located in Residential / Industrial or any other land use zone in which such users are permissible), which have been approved by the Directorate of Industries, proposed to be set up or already set up under present / previous IT / ITES policies, (hereinafter referred to as the "said unit") by charging premium of 10% of the land rate for the said land OR if such land is included in Central Business District (CBD) by charging premium of 25% of the land rate for the said land, as prescribed in Annual Statement of Rates for the relevant year of granting such additional F.S.I., without applying guidelines.

                                      Sr. No.                 Min. Road width (m.)                              Max. Permissible FSI
                                          1            12                                               Up to 3
                                          2            18                                               Up to 3.5
                                          3            27                                               Up to 4

Maximum additional FSI permissible shall be as mentioned above or as per Regulation No.6.1 or 6.3, as the case may be, whichever is more.

b) The Authority may permit additional FSI up ot 200% over and above the basic permissible F.S.I. to all registered Public and Private IT / ITES Parks / AVGC Parks / IT SEZs or IT Parks in SEZs / Stand-alone IT / ITES units in public IT Park / Data Centers located in No Development / Green / Agriculture zone in which such users are permissible, which have been approved by the Directorate of Industries, proposed to be set up or already set up under present / previous IT / ITES policies, (hereinafter referred to as the "said unit") by charging premium of 10% of the land rate for the said land as prescribed in Annual Statement of Rates for the relevant year of granting such additional F.S.I., without applying guidelines.

Provided that additional FSI above 100% and up to 200% shall be permissible only on plots having an access road of minimum 18.0 m. width. In the case of lessor authorities such as New Town Development Authorities as land owner, such Authorities may recover lease premium for additional F.S.I., if applicable, under their land disposal policy. In addition to what is mentioned above, ancillary FSI as mentioned in Regulation No.6.1.1 shall be applicable. Premium for additional FSI, ancillary FSI, Development Charges, other charges as may be required to be recovered under this regulations shall be allow to be paid to the Authority in installments with interest @ 8.5% p.a. as per options and conditions mentioned in Regulation No.2.2.14.

(1) Inserted / Substituted vide Notification u/s.37(1AA)(c) & 20(4) No.CR.97/2023/UD-13, dt.12th January, 2024 (Reg.No.7.8)

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Provided further that, the premium so collected shall be shared between the Planning Authority and the Government in the proportion of 50 : 50. The share of the Government shall be paid to the concerned Branch office of the Town Planning Department. (Explanation :- Premium charges shall be calculated on the value of lands under such zones, determined by considering the land rates of the said land as prescribed in Annual Statement of Rates (ASR). These charges shall be paid at the time of permitting additional F.S.I. by considering the ASR for the relevant year without applying the guidelines.)

ii) Maximum 40% of total proposed Built-up area (excluding parking area) inclusive of such additional F.S.I. may be permitted for allied services / support services including commercial and residential activities except polluting activities in IT Parks. Remaining built-up area shall be utilized for IT / ITES / Data center. Stand alone building / Group of buildings in IT Parks with a minimum built-up area of 20,000 sq.ft. will also be eligible for above benefits.

iii) Such new unit shall allocate at least 2% of the total proposed built-up area for providing incubation facilities for new units. This area would be treated as a part of the Park to be used for IT activities and eligible for additional FSI benefits accordingly.

iv) Premium to be received by the Planning Authority against availing additional FSI for IT & ITES industries / Data Center as per provisions in this regulation shall be deposited in a separate account head as provided by State Government as a separate fund viz. "Critical Infrastructure Fund for IT / ITES Industries" and this fund shall be utilized only for creation of Critical Infrastructure for IT / ITES Industries / Data center. The matching contribution from the State Government / MIDC (as a special Planning Authority) will be deposited in the same infrastructure fund.

Provided that in the event, the developer come forward for providing such off site infrastructure at his own cost, instead of paying premium as prescribed above, then the Planning Authority may determine the estimated cost of the work by using rates prescribed in District Schedule of Rates (DSR) of the relevant year, in which order for commencement of such work is issued. The Planning Authority shall also prescribe the standards for the work. After completion of the works, the Planning Authority shall verify and satisfy itself that the same is developed as per prescribed standards and thereafter, by deducting the cost of works, the balance amount of premium shall be recovered from such developer before issuing Occupancy Certificate.

Provided that, in case the cost of work is more than the premium to be recovered, such additional cost to be borne by such developer.

v) Permission for erecting towers and antenna up to height permitted by the Civil Aviation Department shall be granted by the Authority as per the procedure followed for development permission or otherwise as may be decided by the Government.

vi) While developing site for IT / ITES / Data Center with additional FSI, support services as defined in the IT Policy - 2023 or amended from time to time, shall be allowed.

vii) Notwithstanding anything contained in the Development Control Regulations of Planning Authorities, no amenity space is required to be left for development of IT / ITES / Data Center buildings.

viii) The Directorate of industries will develop a web portal on which the developer of every IT park / Data Center will be bound to provide / update detailed information about names of the units in the park, utilization of built-up area and activities being carried out, manpower employed in the IT Park for IT / ITES / Data Center and support services on yearly basis.

(1) Inserted / Substituted vide Notification u/s.37(1AA)(c) & 20(4) No.CR.97/2023/UD-13, dt.12th January, 2024 (Reg.No.7.8)

(1) If a private IT park / Data Center has availed additional FSI as per the provisions of IT / ITES policy and subsequently it is found that the built-up space in the park is being used for non IT / ITES / Data Center / commercial activities / any other activity not permitted as per the IT / ITES policy under which the said park was approved, a penal action as below will be taken, the payment shall be shared between the concerned Planning Authority and the Government in the ratio of 3 : 1.

a) The misuse shall be ascertained by physical site verification of the said private IT park / Data Center by a team of officers from the Directorate of Industries and the Planning Authority which has approved the building plans of the said private IT park.

b) A per day penalty equal to 0.3% of the prevailing ASR value of the built-up area that has been found to be used for non-IT / ITES activities / Data Center.

c) The penalty will be recovered from the date of commencement of unauthorized use till the day non-IT use continues. After payment of the penalty to the concerned Planning Authority which has sanctioned the building plans of the concerned private IT park, the said private IT Park will restore the use of premises to the original purpose for which LOI / Registration was granted. If the private IT Park / Data Center fails to pay penalty and / or restore the use to its original intended use, the concerned Planning Authority will take suitable action under the Maharashtra Regional and Town Planning Act, 1966, against the erring private IT Park under intimation to the Directorate of Industries. This provision will also be applicable to existing IT Parks. (1)

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