All that you would like to know about the RDDP 2034

All that you would like to know about the Proposed Greater Mumbai Revised Draft Development Plan 2034 (RDDP 2034)

The Revised Draft Development Plan 2034 (RDDP) is an OLD WINE IN A NEW BOTTLE with some added flavors and blends.

The Revised DP 2034 is total U-turn from the Proposed Earlier Draft Development Plan 2034 (EDDP) as was proposed in Feb, 2015 and is more or less on the similar lines to the presently prevailing Development Control Regulation, 1991.    

All the earlier proposed special features of Higher FSI, Introduction of Transit Oriented Development, Introduction of Zonal FSI, Local Area Plans, Multiple use of open spaces, etc. under EDDP are put to rest in the RDDP 2034.

Affordable housing was, (and continues to be) a challenge that both plans sought to address.

The first Development Plan for Bombay was sanctioned in 1967. The second DP of the City, known as DP 1991 was sanctioned in parts from 1991 to 1994. DP 2034 will be the third Development Plan for Greater Mumbai. Last year a draft DP i.e. Earlier Draft Development Plan 2034 was proposed however since over 65000 objections were received the same was scraped as infructuous.

Introduction to Greater Mumbai, Revised Draft Development Plan 2034 (RDDP): The Municipal Corporation for Greater Mumbai has now prepared a Revised Draft Development Plan 2034 (2016) for which objections and suggestions are invited from public at large.

The basic goals of RDDP are a) Retain Greater Mumbai’s Economic Primacy, b) Endow the City with enhanced Environment (Quality of Life), c) Inject greater Equity and d) Implement DP through Partnerships

The primary objects of are, a) on the creation of green spaces, b) affordable housing, c) the educational and health profile, d) on art and culture, e) institutional strengthening space allocation for government buildings, f) public – private partnership, g) easy of governance and doing business by introduction of concept of deemed approval and sharing of revenue, h) equality between inland city, Suburbs and extended suburbs by introducing permissible FSI as 2.00, i) Provisions for Gaothan / Koliwada / Adivasipada Settlements.

For a city, the Development Plan is the most significant strategic document that it prepares every twenty years. It sets out a composite economic, environmental and social framework for the subsequent two decades.  The RDDP is prepared considering Mumbai's economic dominance, an improved living environment and an enhanced provision of equitable livelihood and physical and social infrastructure. In its broadest approach, the quality of any city invariably rests on its economy, its environment and its equity. A city that overemphasizes one to the detriment of the others imbalances itself. In the effort at this revision, therefore, RDDP proposes to make effort to eliminate imbalance, as far as possible, in an already highly built city with huge scarcity of land for meaningful readjustments.

Population : The population of Greater Mumbai, recorded in 2011 Census is 12.44 million as against the 11.98 million in 2001 indicating a net addition of nearly half a million over one decade. The population growth rate of Greater Mumbai has been experiencing a decline since 1961. However, there has been a sharp decline in the last decade (20.68% between 1991-2001 and 3.87% between 2001 - 2011). As per Regional Plan projections assembled by MMRDA the population of greater Mumbai is likely to come down to 11.40  in 2034. The RDDP has adopted the highest population figure projected by the draft RP. This is 12.79 million that Greater Mumbai would reach by 2021.

Regional Plan Population Projection for Greater Mumbai:

Household size is 4.48 in 2011 for both the Island City and the Suburbs. The average household size in Greater Mumbai is decreasing and stands today at 4.5. It is further expected to decline and is estimated to be 4.2 in 2024 and 4.0 by 2034. 

Economy: Mumbai’s economy has undergone a significant transformation from manufacturing activity to tertiary activity, post 1990.   Mumbai’s economy, in terms of GDP at current prices, has been growing at an average of 13% from 1993-1994 to 2010-11. Its share in India’s GDP has been around 3%. Based on available economic data, the NDDP of Mumbai is expected to grow at 7% per annum. 

Current and Projected sectoral share of Mumbai’s NDDP :

Land Use Zone: The RDDP 2034 proposes five land use zones:

1) Residential (R): The Residential Zone will have predominant residential use. However, a number of compatible commercial uses would be allowable in this Zone. This is in keeping with the mixed use character of the City. Commercial activities allowed in this zone are designed to serve retail local needs that would be available in the neighbourhood. They would positively impact convenience, quality of life, more pedestrian trips and a diminished use of vehicles.  The SRDP 1991 norms of commercial activities have been revised and expanded to suit current and future requirements.

2) Commercial (C): The Commercial Zone will have a predominant commercial use with Office, Retail and Service spaces. However, this Zone will also have a mixed use character. Here, residential use will be permitted. In addition, service industries will be allowed. Apart from positive transportation impacts, provision of residential space and services would prevent this Zone from becoming lifeless after working hours. Areas to carry out logistic activities, truck terminals, some manufacturing activities that deal with rubber, plastic, metal, electronic goods, leather, etc. that are not permitted in the Residential Zone are permissible in this Zone. However, warehousing activities of hazardous materials, manufacturing and processing of chemicals, textile products etc would not be permissible. CBDs shall form part of commercial zone, and will have FSI 5. All octroi nakas will continue to be used for the purposes of octroi, but where they are also marked as CBD, they would have the ability to fully utilize the unutilized potential.

3) Industrial Zone (I): The primary land use in the Industrial Zone will be manufacturing industries. New industrial activity shall be non-polluting, non-hazardous and subject to clearance from MPCB. Existing Industrial users are protected subject to certification from MPCB. However, conversion of land use to R or C can be permitted as specified in the DCRs. No residential development shall be permitted adjacent to existing hazardous industries in Industrial Zone to ensure safety and insulate residential communities from industrial traffic and other irritants, and to shield industry from complaints generated from nuisance.

4) Natural Area Zone (NA): Greater Mumbai area is home to ecologically sensitive areas like mangroves, coastal wetlands, forests, parts of salt pan lands in CRZ I and natural water courses such as lakes, rivers, nallas, streams, ponds, etc.   These nurture the city’s ecology and biodiversity. The Sanjay Gandhi National Park and estuarine mangrove  patches  are  standout  features  of  Mumbai’s  natural  biodiversity.  These areas need to be unremittingly protected from the march of the built environment in the long-term interest of the city. The RDDP, therefore, has retained the EDDP categorization of such lands in the Natural Areas. No buildable development on these lands would be permissible, except for Municipal facilities. The ELU discovery of newly emerged mangroves in Thane Creek spread over 14.96 sq km are included in this Zone.

5) No Development Zone  (NDZ):  SRDP  1991  demarcated  certain  environmentally sensitive lands such as marshy lands along the creek, hilly areas, agricultural lands, high tide areas and barren lands and some lands under primary activity as No Development Zone. These erstwhile NDZ areas occupied a total area of 13,706 Ha. The EDDP showed that of the total area forests, water bodies, areas under SPAs, unclassified area and area under CRZ I cover majority of the land use, at 75.52%. Of the balance land, 17.29% is presently under Gaothans, Slums and Industries. 12.49% of NDZ had been included as designation and reservation of land for public purpose.

RDDP defines No Development Zone as comprising potentially developable lands kept in abeyance for future development. Hence all lands that were eco-sensitive are now in Natural Area and no longer NDZ. NDZ now comprises 3,734 ha of land. RDDP looks at all such land under NDZ as a means of assisting the City to bridge its major deficits. These comprise Affordable Housing, Public Open Space, Institutional Areas and Public Amenities. The NDZ lands have been brought under a Policy under which such lands owners would come forward for development.

As a result, earlier uses permissible under NDZ have been taken out except for those that are smaller parcels of land and are not able to come for development under the larger NDZ Development Policy. Similarly, all reservations that had been fastened on to NDZ lands have also been taken out. 

There are several regulatory boundaries presently in force in Greater Mumbai that are incorporated into the DP 2034, in addition to the above Land Use Zones a concept of Overlay Zone is introduced. These overlay zones have been incorporated in the Proposed Land Use Maps which imply applicability of the respective Acts unless otherwise mentioned in the Development Control Regulations.

Concept of Legends for Designations and Reservations: Legends are abbreviations depicting designations and reservations on the Proposed Land Use (PLU). Designations are public amenities already developed. Reservations are parcels of land mandated for specific public amenities and yet to be developed. Designations are depicted by a colour with black/hatched lines whereas only colour and no hatched lines depict reservations.

Amenities and Facilities : In case of development of land admeasuring 4000 sq.m and more and up to 10,000 sq. m  and more(excluding the area  under  Road  set  back  /  DP  Road)  in  Residential  and  Commercial  Zones  shall require handing over 5% of plot area to MCGM as POS and Developments of plot with area exceeding 10,000 sq. m shall require handing over 10% of plot area to MCGM as public amenity space. 50% of such public amenity space shall be used exclusively for POS and the balance 50% shall be used for provision of such amenities as education, health, social and other amenities as approved with the special permission of the Commissioner. 

Amenity Standards: The RDDP has followed the following principles in respect of standards for public amenities:

i) The standards adopted by SRDP 1991 in respect of public amenities have been retained.

ii)  However, 1991 adopted separate standards for the island city and for suburbs.

iii) The RDDP has abandoned this duality and taken the higher of the two standards in each public amenity category as the standard.

iv) While the effort has been made to satisfy standards in regard to built amenities in terms of land area, the RDDP proposes to meet standards through BUA in the event of shortfall in land.

v)  For Public Open Space (POS) and cemetery, however, the standard reflects the land area.

vi)  The conversion of standards into per capita by EDDP has been accepted.

OBJECTIVES OF DEVELOPMENT CONTROL REGULATIONS (DCRs) : The RDDP 2034 proposes the following objectives for DCRs.

i)   The DCRs should grant permissions consistent with the policies and objectives of the RDDP.  In  this  regard,  they  should  balance  economy  with  environment  and  social equity.

ii)  They should maximize open spaces, affordable housing and social equity that are areas of significant deficit

iii) Keep 1991 DCRs as the base, but incorporate provisions of EDDP DCRs that received wide support

iv)  DCRs should catalyse development rather than impede it

v) They should be simple, easily understood and should further ease of business

vi)  They should enable full implementation of DP by bringing down DP cost.

FSI & TDR:

i.  Basic zonal FSI of City and Suburbs has been maintained along with fungible FSI. This means that Island City Base FSI continues to stand at 1.33 and the Base Suburban FSI at 1. Fungible FSI at 35 per cent of basic FSI continues to be an additionally for residential uses and at 20 per cent for Commercial and Industrial uses as was in earlier1991 DCRs.

ii. With a view to simplification of FSI calculation, permissible FSI would be calculated on the gross plot area without any deduction of Layout RG.

iii. Indexation of TDR with Ready Reckoner Rate is proposed.

iv. The permissible limit of FSI is proposed to be equated in City and Suburbs. This means that both in City and Suburbs, it would be possible to take the FSI up to 2 by the addition of premium FSI or TDR or both and in whatever combination desired. This addition will be 0.67 in the case of Island City since its base FSI is 1.33 and will be 1 for suburbs since its base FSI is 1.

v.  The RDDP allows the receipt of TDR in Island City.

vi. It is proposed that Reserved land for Public Purposes/DP Roads/Road widening, will get additional BUA equal to area of the plot so surrendered in the form of FSI/ TDR.

vii. The RDDP  proposes  that built up area in lieu of  cost of  construction of  built up amenity handed over would be given in the form of FSI/TDR.

Additional FSI / incentive FSI :

i.  RDDP proposes to continue the provisions of DCRs 33. However, some changes have been made. The changes are in relation to commerce and office space, star hotels, public amenities, IT/Biotech, MHADA and SRA

ii.  The additional FSI proposed for commerce, star hotels and IT/Biotech are with a view to reduce costs, encourage larger employment.

iii.  A similar provision for public amenities, MHADA and SRA are to assist the construction of more affordable housing and bridging amenity deficits.

iv.  The RDDP proposes higher FSI for CBDs and new growth centres for commercial development, Affordable Housing, redevelopment of Municipal Markets and for facilitating removal of road bottlenecks.

v.  The RDDP has proposed additional FSI for redevelopment of existing residential housing societies and residential  tenanted buildings excluding cessed buildings.

Compensatory (Fungible) Floor Space Index (FSI):-

The Commissioner may, by special permission, permit fungible compensatory FSI, not exceeding 35% for residential development and 20% for Industrial/Commercial development, over and above admissible FSI/BUA, by charging a premium at the rate of 60% for Residential and 80% for Industrial and Commercial development of ASR (for FSI 1). In case of entirely commercial building, mall/multiplex, additional fungible BUA maximum to the extent of 10% of BUA, only for more width of corridors/passages than required under these Regulations may be allowed by charging a premium at the rate of 80% of ASR (for FSI 1). Such fungible FSI can be used as regular FSI.

Distinguishing features of RDDP 2034 are presented below:

a)  Concept of Overlay Zones is introduced. These overlay zones have been incorporated in the Proposed Land Use Maps which imply applicability of the respective Acts unless otherwise mentioned in the Development Control Regulations.

b)  Concept of Inclusive Housing (IH) is proposed under which any residential development partially or fully consisting of sub- division/amalgamation/layout   or   single   plot   of   land   having   gross   plot   area admeasuring 4000 sq. m or more (excluding the area under Road set back/DP Road/designation/reservation)  shall have to handover minimum 20% of the plot area (excluding the  area  under  Road  set  back/D  P  Road/designation/reservation)  to MCGM free of cost for construction of  EWS/LIG tenements. The FSI of the plot handed over to MCGM shall be allowed to be utilized on the remaining plot. Or in the alternative the owner will have to handover duly constructed EWS/LIG Housing in the form of tenements of size ranging between carpet area shall be 27.88 sq. m. and 42 sq. m. to the extent of 20% of the Zonal (basic) FSI. The BUA of the EWS/LIG tenements constructed under the scheme shall not be counted  towards  FSI  and  such  built  up  area  shall  be  allowed  over  & above  the permissible BUA under these regulations.

c)  Floating TDR: Development Right Certificates (DRCs) can be used in entirety or in parts at any location, in any land use zone within the limits of prescribed FSI. The TDR at the receiving plots shall be governed by the following:

TDRr = TDRo x (RRLo/RRLr)

Where:

TDRr = Transferable Development Rights on the receiving plot.

TDRo= Transferable Development Rights on the originating plot

RRLo =Land rates of Annual Statement of Rates (ASR) of the originating plot

RRLr =Land rates of Annual Statement of Rates (ASR) of the receiving plot

d)  Additional Floor Space Index FSI : Additional FSI may be allowed in following categories :

i. Additional FSI to Religious Building: Municipal Commissioner may permit 0.5 FSI in addition to the Zonal (Basic ) FSI in respect of the buildings of registered public trust for religious structure subject to NOC from  Police Authority and Collector and further subject to payment of 25% premium as per ARS of the year in which such FSI is granted.

ii. Buildings  of Medical  and Educational  Institutions  and Other Institutional Buildings covered under Regulation (2) (IV) (16) (g):- The Municipal Commissioner, by special permission, may permit up to FSI 5 for medical  Institutions  and  FSI  up  to  4  for  educational  &  other  Institutional buildings including the Zonal (basic) FSI in respect of buildings on independent plots of educational/medical institutions and institutional  buildings  of  Govt./MCGM  or  public  authorities  or  of  registered public   charitable   trusts   or  of  medical  institutions  run  on  cooperative  basis established for charitable purposes and registered under the provisions of Income Tax Act or Maharashtra Cooperative Societies Act subject to further terms and conditions.

iii.  Buildings  of Government/MCGM/Statutory  Bodies,  Semi-Government  and PSU Offices: The  Commissioner,  by  special  permission,  may  permit  FSI  5  including  Zonal (basic) FSI for office use & other allied purposes except residential use considering the specific requirement of Govt. /MCGM and their Statutory Bodies, Semi Govt. and PSUs. Provided further that in case of Public Sector  Undertaking  the  premium  for  FSI  beyond  Zonal  (basic)  FSI  shall  be payable as decided  by Govt. from time to time.

iv. Development/Redevelopment for construction of staff quarters of Govt. or its statutory  bodies  (including  CISF)  or  MCGM  or  its  statutory  bodies,  on  lands belonging to such Public Authorities: The Commissioner may permit FSI up to 4 including Zonal (basic) FSIon the gross plot area solely for the project   of construction  of staff quarters  for the employees   of   the   Govt./MCGM,   or   their   statutory   bodies  on land belonging to such User Authority,   by   the   Public   Works   Department   of   the   GoM   or   MHADA   or Maharashtra  Police  Housing  Corporation  or  MCGM  or its  statutory  bodies  or any other Public Agency nominated by the Govt. for this purpose which would also include any Special Purpose Vehicle, wherein the Govt. or a fully owned Company of the Govt. holds at least 51% equity share.

v. Development/Redevelopment for construction of staff quarters of Govt. or its statutory bodies (including CISF) or Municipal Corporation of Greater Mumbai or its statutory bodies on private lands:- The   Commissioner   may   permit  construction   of   staff   quarters   for   the employees of Govt. /MCGM/their  statutory bodies on  private  plots  of  lands,  having  minimum  area  of 2000sq.m  and  abutting  a  road  having  minimum  width  of  12  m  and  grant incentive  FSI,  as  provided  herein  below,  in  lieu  of  BUA  of  staff  quarters created and handed over free of cost to the User Authority, Incentive    FSI    shall    be   admissible    against    the    FSI    required    for construction of Staff Quarters  i.e. for iland city 40% and for suburbs and extend suburbs 80%.  Maximum permissible FSI including Zonal (basic)/permissible FSI for plot of and over 2000 sq. m or more but less than 4000 sq. m is 3.00 and for plot of and over 4000 sq. m is 4.00.

vi. Building of Residential Hotels on independent plot: Subject to payment of premium and subject to other terms and conditions, the maximum permissible   FSI   [including   Zonal   (basic)   FSI]   shall   be   as   below   for   all residential hotels on independent plots and satisfies other related provisions of these Regulations and under one establishment. For Plot area excluding area covered under Reservation/Designation in the DP except affected by proposed DP roads/Sanctioned RL under MMC Act up to 2000 Sq. m maximum permissible FSI is 3.0, for Plot area above 2000 sq. m and upto 3000 sq. m maximum permissible FSI is 4.0 and for Plot area above 4000 sq. m maximum permissible FSI is 5.0

vii. Development/Redevelopment  of Housing Schemes of Maharashtra Housing & Area Development Authority (MHADA) :- FSI for a new scheme of Low Cost Housing, implemented by MHADA departmentally  on  vacant  lands  for  EWS,  LIG  and  MIG  categories  (as stipulated by Govt. from time to time) shall be 4.0 on the gross plot area (excluding  Fungible  FSI). Provided that 70 % BUA of such schemes shall  be for EWS, LIG and MIG. FSI 4 will not be applicable to HIG. It would also apply to redevelopment of existing housing schemes of MHADA. Under the scheme Carpet  area  of  existing  tenement  plus  35%  thereof,  subject  to  a  minimum carpet  area  of  35  sq.  m,  an  additional  carpet  area,  in  accordance  with  the Table-A below:

Table-A

Incentive FSI: Incentive FSI admissible against the FSI required for rehabilitation, as calculated  above, shall be based on the ratio (hereinafter  referred  to as Basic Ratio) of Land Rate (LR) and Rate of Construction (RC)* and shall be as given in the Table B below:- 

Table B

Explanation : Land  Rate  (LR)*— Rate   of  Open  Land  for  FSI  1in  Rs/sq.  m  of  the  plot  under redevelopment & *  Rate  of  Construction  (RC)  ---  Rate  in  Rs/  sq.  m  applicable  to  the  area  of  RCC construction as per ASR

Sharing of the Balance FSI: The balance remaining FSI/BUA after providing for rehabilitation and the incentive components,  calculated  as  per  Table  (A)  and  (B)  above  respectively,  shall  be shared between the Cooperative Housing Society and MHADA in the form of BUA, as given in Table (C) below. The share of MHADA shall be handed over to MHADA free of cost.

Table C

viii.Reconstruction  of buildings  destroyed  by fire  or  which  have  collapsed  or which have been demolished under lawful order: Reconstruction  of buildings  that existed on or after 10th June 1977 and have ceased to exist for reasons  cited above, shall be allowed to be reconstructed with FSI not exceeding that of the original building.

ix. Reconstruction  or redevelopment  of cessed buildings  in the Island City by Co-operative Housing Societies or of old buildings belonging to the Corporation: For reconstruction/redevelopment to be undertaken by Cooperative Housing Societies of existing tenants or by Co-op. Housing Societies of landlords and/or occupiers of a cessed building existing prior to 30/9/1969 in Island City, which attracts  the   provisions   of   MHAD   Ac t,      1976  and  for reconstruction/redevelopment  of the buildings of Corporation existing prior to 30.09.1969,  FSI  shall  be  3.00  on  the  gross  plot  area  or  FSI  required  for rehabilitation  of existing  tenants  plus incentive  FSI whichever is more. Under the scheme Each occupant shall be rehabilitated and given the carpet area occupied by him for  residential  purpose  in  the  old  building  subject  to  the  minimum  fixed  carpet area of 27.88 sq. m (300 sq. ft.)and/or maximum carpet area up to 70 sq. m (753 sq. ft.) as provided in the MHAD Act, 1976. In case of non-residential occupier, the area  to  be  given  in  the  reconstructed  building  will  be  equivalent  to  the  area occupied in the old building. Provided that if carpet area for residential purpose exceeds 70 sq. m (753 sq. ft.) the cost of construction for the area over and above 70 sq. m shall be paid by tenant /occupant to the developer. The cost of construction shall be as per ASR of that year. However, the carpet area exceeding 70 sq. m (753 sq. ft.) shall be considered for rehab FSI but shall not be considered for incentive FSI.  In  case  of  composite  redevelopment  undertaken  by  the  different  landlords and/or  Co-op.  Housing  Societies of landlords and/or  occupiers jointly  of  2 or more  plots  but  not  more  than  5  plots  with  cessed  buildings  existing  prior  to 30/9/1969, the FSI permissible will be 3.00 or FSI required for rehabilitation to exiting  occupiers  plus  60%  incentive  FSI,  whichever  is more  and  the  occupier shall be eligible for 5% additional rehab Carpet Area  subject to maximum limit. Provided   further,   that   if   the   number   of   plots   jointly   undertaken   for redevelopment is six or more with cessed buildings existing prior to 30/9/1969, the  incentive  FSI  available  will  be  3.00  or  FSI  required  of  rehabilitation  for occupiers  plus 70% incentive  FSI whichever  is more  and the occupier  shall  be eligible for 10% additional rehab Carpet Area subject to maximum limit.

x.  Construction for Rehabilitation & Resettlement: For the construction  of the building  by the Corporation/Appropriate  Authority  in the  category  of  Rehabilitation  &  Resettlement  for  the  purpose  of  the  housing those  who  are  displaced  by  the  projects  undertaken  by  the Corporation/Appropriate Authority for implementation of proposals of the DP/MUTP/MUIP,  the  FSI  shall  be  4.00. 

xi.  Reconstruction or redevelopment  of Cluster(s) of Buildings under Urban Renewal Scheme(s): For  reconstruction  or  redevelopment  of  Cluster(s)  of  buildings  under  Urban Renewal Scheme(s) in the Island City of Mumbai undertaken by (a) the MHADA or the MCGM either departmentally or through any suitable agency or (b) MHADA/MCGM, jointly with land owners and/or Co-op. Housing Societies of tenants/occupiers of buildings and/or Co-op. Housing Society of hutment dwellers therein, or (c) land owners and/or Co-op. Housing Society of tenants/occupiers of buildings  and/or  Co-op  Housing  Society  of  hutment  dwellers,  independently  or through a Promoter /Developer, the FSI shall be 4.00 or the FSI required for rehabilitation of existing tenants/occupiers plus incentive FSI whichever is more.  Acquisition of lands, provided the Promoter has purchased or procured DRs Over at least 70% land comprised in the URC and there are dangerous buildings, declared as such by the Competent Authority, on the balance lands contained in the URC. 

xii. Regulations for Dharavi Notified Area (DNA) Urban Renewal Scheme under Dharavi Redevelopment Project (DRP): Areas undertaken by SRA under DRP for renewal and redevelopment of buildings/chawls including cessed buildings situated on non-slum areas within DNA, shall be a part of the entire DRP Area which shall have an overall FSI of 4.00. The entitlement of FSI on that particular   plot   shall   be   4.00   or   the   FSI   required   for   rehabilitation   of   existing tenants/occupiers plus incentive FSI and would be in accordance with the guidelines laid down therein.

xiii. Redevelopment for Rehabilitation of Slum Dwellers:  FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI for the rehab component, and for the free-sale component. The ratio between the two components shall be

a)  In Island City, if rehab component is 10 sq. m of built-up area, then an additional 7.5 sq. m built-up  area will be permitted  so that this additional  7.5 sq. m can be utilised for disposal in the open market and the rehab component subsidized.

b)  In suburbs and extended suburbs, if rehab component is 10 sq. m of built-up area, then an additional 10 sq. m of built-up area will be permitted so that this additional 10 sq. m can be utilised for disposal in the open market and the rehab component subsidized.

c)  In difficult areas as may be notified by the  SRA hereafter, if the rehab component is 10 sq. m of built-up area, then an additional 13.33 sq. m of built-up area will be permitted and this area of additional 13.33 sq. m can be utilised for disposal in the open market and the rehab component subsidized.

In addition to the entitlement under Provisions in 3.3 and 3.4 herein above, for slum rehabilitation schemes that attempt larger agglomerated development allowing enhanced planning & quality of life, the following additional BUA incentive will be admissible under free sale component of Slum Rehabilitation Schemes as shown in table below:

FSI to be sanctioned on a Slum Rehabilitation scheme site may exceed 4.0 Maximum FSI Permissible for Consumption on the Plot: FSI that can be utilised in- situ  on  any slum  site  shall  be  4 or  sum  total  of rehabilitation  FSI  plus  incentive  FSI whichever is more with Minimum Tenement Density of 650 per Net Hectare. Due to local planning constraints and viability of the Slum Rehabilitation Project the density norms of 650 per net hectare may be reduced up to 25% by Chief Executive Office. Thereupon the difference between sanctioned FSI that can be utilized in-situ, will be made available in the form TDR.

A person eligible for redevelopment scheme shall mean a protected occupier as defined in Chapter IB of Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 as amended time to time and orders issued there under. Only the actual occupants of the hutment shall be held eligible, and the so called structure-owner other than the actual occupant if any, even if his name is shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against that structure.

Protected Hutment-dwellers in the slum or on the pavement, eligible in accordance with the provisions of this Regulation shall in exchange of the protected dwelling   structure, be given  free  of cost  a residential  tenement  having  a carpet  area  of 25 sq. m including balcony, bath and water closet, but excluding common areas. Even those protected dwelling structures having residential areas more than 25 sq. m will be eligible only for 25 sq. m of carpet area where Carpet area means area of tenements exclusive of all areas under walls including partition walls if any in the tenement. Where a person has both residential and commercial premises without common wall between residential and commercial premises, for commercial/office/shop/economic activity in the slum/ pavement, he shall be considered eligible for a residential/Commercial unit including BUA for commercial/office/shop/economic activity, both free of cost and carpet area of such unit shall not exceed 25 sq. m. BUA for commercial/office/shop/economic activity upto 20.90 sq. m. (225 sq. ft.) carpet area or actual area whichever is less, shall be provided to the eligible person free of cost as part of the rehabilitation project. Any area in excess of 20.90 sq. m to the extent of existing area may, if required, be sold on preferential basis at the rate for commercial area in the free-sale component.

Any person whose name is enrolled in a non-slum area in Brihan Mumbai but has purchased a hutment and therefore got his name also included in electoral roll for the slum area, i.e. he has his name in the electoral roll at two places, he shall not be held eligible for the scheme. Several Relaxation in Building and Other Requirements are also proposed for smooth and easy completion the scheme.

xiv.Slum Rehabilitation Scheme under Dharavi Notified Area (DNA) for Dharavi Redevelopment Project (DRP): Areas undertaken by Slum Rehabilitation Authority under DRP for redevelopment of hutments situated on slum areas within DNA shall be part of entire DRP Area which shall have an overall FSI of 4.00. The entitlement of FSI on that particular plot would be in accordance with the guidelines stated therein.

xv. Redevelopment of contravening structures included in the Final Plot of a Town Planning (TP) Scheme and Removal and re-accommodation of tolerated structures falling in the alignment of road:

a) Redevelopment of contravening structures included in the Final Plot of a TP Scheme. For the redevelopment/reconstruction of contravening structures situated in TP Schemes, additional FSI over and above permissible FSI prescribed under these Regulations shall be admissible as under:

i. In the redevelopment scheme the number of tenants as recorded in the TP Scheme Book and residing in the contravening structures shall be accommodated by giving alternative accommodation in the redevelopment schemes having carpet area of 25sq. m (269 Sq. ft.) each, irrespective of their original holding provided the overall FSI consumption of the Final Plot shall not exceed 4.0.

ii. The Commercial users may be permitted in the redevelopment scheme to accommodate the existing commercial tenants, provided the  commercial area in the redevelopment scheme shall not exceed the original commercial area.

b)  Removal and re-accommodation of  tolerated /protected structures falling in the alignment of road:- In a scheme where removal of tolerated structures falling in the alignment of existing road or widening of existing road for which road line has been prescribed or DP Road and re- accommodation of these tolerated structures in the same administrative ward has been proposed  for  the  expeditious  removal  of  bottlenecks,  the  FSI  may  be  allowed  to  be exceeded above the permissible FSI as mentioned below subject to following condition:

i. The tolerated residential structures shall be existing since prior to 17.04.1964 and non-residential structure shall be existing since prior to 01.04.1962 falling in the alignment of existing road or widening of existing road for which road line has been prescribed or DP Road.

ii. The structures shall be reflected in the true extract of Revenue Record prior to 1961-62 or in the assessment records prior to datum line as mentioned  (a) above.

iii. The owner of scheme shall be eligible for the BUA required for rehabilitation of existing tenants/occupants plus incentive BUA to the extent of 50% of BUA required for rehabilitation. However, the FSI on plot/layout shall not be allowed to be exceeded up to 4.0.

xvi. Buildings of Information Technology Establishments: With the Special permission the Commissioner may permit the floor space indices to be exceeded beyond Zonal (basic) FSI up to 5.0 subject to conditions as may be stipulated.

xvii. Shifting of cattle sheds outside Greater Mumbai: For  Development  of  lands  becoming  vacant  consequent  upon  shifting  of  cattle  sheds existing thereon, to places outside Greater Mumbai, additional FSI to the extent of 33% over and above Zonal (basic) permissible FSI, shall be allowed on land occupied by cattle sheds and subject to conditions as may be stipulated.

xviii.    Development  of  land  earmarked  for  the  MHADA/Mill  Workers  Housing : For development of land for transit camp/mill workers housing undertaken by MHADA,FSI up to 4.0 including Zonal (basic) FSI shall be allowed on land earmarked for MHADA/Mill Workers Housing subject to conditions as may be stipulated.

xix.Reconstruction/Redevelopment in Gaothan/ Koliwada/Adiwasipada area – FSI for reconstruction/redevelopment  of any property in gaothan/ koliwada/ adiwasipada i.e. on land with tenure ‘A’ shall be as follows:

a)  For plots fronting on roads below 9 m width, permissible FSI will be 1.5

b)  for plot fronting on road width of 9 m and above (existing or proposed),additional 0.5

FSI shall be allowed for commercial use subject to condition that margin and parking space as required under these Regulations are provided. Further Provided that for (a) & (b) above, consumed FSI of existing buildings, utilized authorizedly shall be permitted.

xx. Buildings of Biotechnology Establishments: - With the Special permission the Commissioner may permit the floor space indices to be exceeded beyond Zonal (basic) FSI up to 5.0 in respect of buildings in independent plots for exclusively developing Biotechnology units set up by Public Bodies like MHADA, SEEPZ, MIDC, SICOM, CIDCO or their joint venture companies having more than 11% stake of these bodies or their lessees. The Commissioner may specify terms and conditions.

xxi. Development of Multi Storey Public Parking Lots (PPL): With the previous approval of the Govt for development of Multi-storeyed PPL on any plot abutting  a  road  and/or  a  stretch  of  road,  additional  FSI  (hereinafter  referred  to  as “Incentive FSI”) as specified below on built up parking area, created and handed over to the MCGM free of cost, shall be allowed, on the land belonging to a private owner, which is not reserved for any public purpose. The minimum area of plot shall be 1000 sq. m in Island City & 2000 sq. m in suburb and extended  suburbs  of Greater  Mumbai.  The minimum  number  of Motor  Vehicle  public parking spaces provided shall not be less than 50 subject to minimum parking space of 700 sq. m. The location of parking spaces can be in basement, ground floor or upper floors, with access through ramp/lift or combination of both subject to clearance from CFO with special emphasis on fire hazard. The incentive FSI permissible under this Regulation against BUA of the PPL, shall be 50% of the BUA of the PPL, such that the total permissible FSI including the incentive FSI under this Regulation does not exceed 4.0 in the Island City and 3.0 in the Suburbs and extended Suburbs.

xxii. Additional FSI for Commercial user development in Central Business District (CBD): The Commissioner may allow   FSI up to 5.0 including permissible FSI for  commercial  user/development  on  plots  in  CBD  on payment of premium.

xxiii.    Affordable Housing (AH):

a)  Development  or  redevelopment  of  plots  earmarked/reserved  for  AH  on  the  lands  of MCGM/Govt./Appropriate Authority as notified by Govt. and in possession, may undertake development for AH with permissible FSI of 4.0. The carpet areas of the tenements to be constructed shall be for EWS, LIG and MIG or as decided by Govt. from time to time subject to a minimum 25 sq. m. Development of other types of tenements shall not be permissible.

b)  Development of AH on private plot : The permissible FSI may be allowed to be exceeded up to 4.0 when the private owner proposes  to  develop  non-reserved/non-designated  private  land  for AH tenements  and hand over the area of AH tenements free of cost to MCGM.  The FSI & distribution of additional FSI for the construction AH shall be as shown below:

c)  Shramamsafaly/AshrayYojana: The tenements required for Shramsafalya/Ashray yojana may be allowed to be constructed as per the provisions of Regulation (A) & (B) above with the special permission of Municipal Commissioner  subject  to  condition  that  the  sizes  of  tenements  constructed  shall  be governed by the requirements of such schemes.

xxiv.  Development  and  Redevelopment  of  Municipal  Market/  Public  Amenities  by MCGM/Government:

a)  Development and Redevelopment of Municipal Market: If development/redevelopment of existing Municipal Market of MCGM or land Reserved/Designated for Municipal Market on land belonging to MCGM is proposed by MCGM  itself,  then  development/redevelopment  of  such  existing/  designated/reserved land of Municipal Market. The permissible FSI shall be 5.0 on gross plot area.

b)  Public Amenities by MCGM/Government: For   the   construction   of   building   for   public   purpose/   public   amenities   by   the Corporation/Govt. on their own, on the plot of land belonging to them, the FSI shall be 5.0.

xxv. Additional FSI for Redevelopment of existing residential housing societies, residential tenanted buildings excluding cessed buildings: In case of redevelopment of existing residential housing societies, residential tenanted buildings which are of thirty years of age or more and authorized but excluding cessed buildings proposed by Housing societies/land lords or through their proponents where existing members, tenants are proposed to be re-accommodated on the same plot, additional FSI Build Up area for redevelopment of such existing residential buildings in lieu of cost of construction of authorized existing BUA = 1.50 (Rate of construction per sq. m as per ASR rate /Rate of developed land per sq. m as per ASR (for FSI 1))*( authorized existing built up area+ area of the balcony if claimed free of FSI as per then prevailing regulation) Provided that this incentive shall not exceed 40% of existing authorized BUA. Provided further that if the existing authorized BUA and incentive thereon as per above is less than the permissible FSI 2.0 then society may avail the ‘Additional FSI on payment of premium/TDR’ up to limit of permissible FSI up to 2.

No Development Zone

A)  Development on No Development Zone :

i.   For a plot of land having area not less than 4.0 Ha and not disqualified from development on account of other law or regulations can be developed for affordable housing.

ii.  The area of the land shall be apportioned among Owner’s Share, AH, POS, Institutional Amenities (IA), and Other Amenities as detailed below:

iii.        Incentive :

1.  If the Owner opts out of the responsibility of developing AH & Amenities, he will get FSI 0.8 of the gross plot (AH + POS+ all public amenity land + area covered under 2 numbers of roads to be handed over to MCGM + land forming Owner’s share of that specific scheme) on the Owner’s share of land.

2.  If the Owner opts to develop the cited AH & Amenities, the Owner shall be entitled for FSI 1 of the gross plot (AH + POS+ all public amenity land + area covered under 2 numbers of roads to be handed over to MCGM + land forming Owner’s share of that specific scheme) on the Owner’s share of land.

3.  In addition, the Owner would be eligible to receive the sale proceeds of 15 % of AH units from MCGM after deduction of administrative charges.

4.  The Development of the plot handed over for AH shall be with FSI 3.0 on the plot of the AH area. AH Tenements & constructed amenities shall have to be handed over to MCGM.  The cost of construction of AH tenements& built up amenities shall be paid in the form of BUA.

5.  The development of Amenities as per the requirements of MCGM shall be permissible as per these Regulations. Provided further that Municipal Commissioner’s decision regarding development of Amenities/Institutional Amenities shall be final and binding on the concerned.

6.  Compensation for development of infrastructure in lands handed over to MCGM and constructed BUA.

a.  The owner shall be entitled for the following:

BUA  in  lieu  of  cost  of  constriction  of AH/Built  up  Amenities  including  entire infrastructure   development   for  MCGM   = share of Land = 2.0 [Rate of construction per sq. m as per ASR rate/rate of developed land per sq. m as   per   ASR(for   FSI   1)]x   BUA   of   all amenities & all AH.

b.  This shall be subject to maximum 50% of the BUA of AH/Amenity  to be handed over to MCGM.

B)  Land of Govt. /Semi. Govt. /Appropriate Authority appointed by Govt falling in NDZ: Notwithstanding   anything   contained   in   these   Regulations   the   land   of   Govt./Semi- Govt./Appropriate Authority falling in NDZ, the provision of this Regulation shall apply to any contiguous, unbroken and uninterrupted piece of land having area not less than 4.0 ha, excluding the land under reservation for the public purpose and not disqualified from development on account of other laws or regulations that are binding. Govt./Semi- Govt./Appropriate  Authority appointed by Govt. shall be eligible for FSI 1 of the gross plot (AH + POS+ all public amenity land + area covered under 2 numbers of roads to be handed over to MCGM) on area of other Development.

C)   Other Development in NDZ: There are several other development permissible in NDZ like for size of plot less than 4 ha i.e. 

i. Institutional Development such as Higher & Other educational Institutions, Medical Institutions, Urban Planning Institutions, Financial Institutions & Other Institutions such  as  Research  &  Development  Institutions  shall  be  permitted  subject  to Maximum FSI limit shall be 0.20  and Ground coverage shall not exceed 10% of the area of plot.

ii.  Development of Cinema and TV Film production : Development of Cinema and film production, shooting, editing and recording studios  with  its  ancillary  and  supporting  users,  including  Film  School  with  their shooting  stages  and  screening  rooms,  Performing  Art  Academy,  Students  Hostels and faculty residences, Auditoria, Art Gallery, Museums, Preview Theatres, construction of staff quarters, rest rooms, canteens etc. shall be allowed subject to total permissible FSI shall not exceed 0.2 of which BUA of supporting users shall not exceed 1/3 of permissible FSI 0.2 and Ground coverage shall not exceed 10% of the area of plot.

iii. Information Technology & Information Technology Enabled Services (IT/ITES) & Biotech units:  IT/ITES  Parks/Units  or,  set  up  by  public  or  private  sector;  shall  be permissible with the special permission of Commissioner, subject to Total FSI shall not exceed 0.20 and Ground coverage shall not exceed 10% of the area of plot. The permission from the Director of Industries to set up IT/ITES Parks/Units shall be necessary.

iv. Tourism Development Area (TDA): Sites or plots identified by the Tourism Department of GoM in consultation with the MTDC,  and  as  specified  by  GoM  from  time  to  time  as  suitable  for  promotion  of tourism to serve as holiday or beach resorts, hotels or motels may be included in a Tourism  Development  Area  (TDA),  and  allowed  to  be  developed  for  activities  like beach resorts, hotels, motels, restaurants,  health farms, water sports facilities, arts and crafts complexes, golf courses, gliding,  powered gliding, grass skiing facilities, marinas, jetties and pontoons for docking of boats and swimming pools. Permissible FSI shall not exceed FSI  0.2.

v.  Miscellaneous Uses: The permissible  where  FSI shall  not exceed  0.025 for uses like (i) Agriculture, horticulture and animal husbandry (except for keeping animals on a commercial scale), subject to a limit of 10 head of cattle per acre and providing necessary buildings, garages, pig sties, stables and storage buildings; (ii)  Gardens and poultry farms; (iii.) Forestry; (iv.) Golf clubs and links; (v.)  Public  parks,  private  parks,  play  fields,  stadia,  gymkhanas,  swimming  pools, gliding facilities, temporary camps for recreation of all types; (vi.) Race tracks and shooting ranges. (vii.) Fish curing on open land/fish farming; (viii.) Salt manufacture from sea water; (ix.)   Public   utility   establishments   such   as   electric   sub-stations,   receiving stations,  switch  yards,  over-head  line  corridors,  radio  and  television  stations, receiving stations, main stations for public gas distribution, sewage treatment and disposal  works,  Storm  Water  Drain  Pumping  Station,  facilities  for  the  disposal  of Solid Waste, water works along with residential quarters for essential staff for such works, with the special permission of the Commissioner; (x.) Cemeteries and crematoria and structures incidental there to; (xi.)  Structure for watchmen's quarters each not exceeding 20 sq. m numbers of such structures in each plot to be decided by the Commissioner (xii.)  A residential building, not more than ground and one story with a height not exceeding 9.75 m including the height of stilted portion.

In order to prevent erosion of soil and silting in lakes, an exclusive green belt of 100 m shall be provided around the periphery of Vihar and Pawai lake, in which no construction whatsoever shall be allowed.

Natural Areas (NA): facilities like Board walks in mangroves, trekking facilities, conveniences for visitors and such other uses as may be permissible as per the notifications issued by the Ministry of Environment and Forest from time to time may be permissible.

Development or redevelopment of lands of cotton textile mills (mills).-  The development or redevelopment of land of cotton textile mills shall be permissible with the special permission of the Commissioner. The proposal for the development of land of mills shall be considered for a) Development of Lands of sick and / or closed mills, b) Lands of mills for purpose of modernization and c) Lands of mills after shifting. The entire lands of the mills shall be apportioned  in the manner as described  in Table below:

Parking : the  Parking space required for residential building is as under :

Additional  parking  spaces  beyond  the  parking  spaces  as  stipulated  in  this regulation at the option of developer is proposed then the construction   area for the  additional  parking  to  the  extent  of  25%  shall  be  allowed  on  payment  of premium at the rate of 25% of ASR of open land (for FSI 1), beyond 25% and upto 50% on payment of premium at the rate of 50% of ASR of open land (for FSI 1) and beyond 50% on payment of premium at the rate of 100% of ASR of open land (for FSI 1). For this purpose maximum area of construction per car parking space shall be considered at 25 sq. m excluding  the area required for effective maneuvering ,passages  ,slopes/ramps  columns,  car  lifts  etc.  and 40  sq.  m including  the  area required for effective maneuvering ,passages ,slopes/ramps columns, car lifts etc. Where entire parking is proposed by mechanical/automatic means, additional parking to the extent of 10% of the required parking shall be permitted free of FSI as vehicle holding area.

ENVIRONMENTAL SUSTAINABILITY: Provisions for construction of public sanitary convenience (PCS) Blocks /Toilets are provided free of FSI. Rainwater harvesting is proposed to be made compulsory for development of plot over 500 Sq. m to maintain ground water level as well as such water can be used for non-portable purposes. Provisions for installation of Solar Water Heating (SWH) System is mandatory in hospitals and hostels where hot water requirement is of continues nature. The plots which attracts requirements/provisions of Notifications of Ministry of Environment and Forest (MoEF), Government of India, issued from time to time, shall be required to have the system for recycling and reuse of waste water which can be then  used for gardening, toilet flushing, landscape, irrigation, cooling towers, car washing, etc. and in no case for drinking, bathing, or washing clothes and utensils and similarly such plots shall also Sewage Treatment Plants (STP) and disposal system.

Positive:

1)  Simplified and more elaborative definitions are introduced.

2) Deemed permission or approval is introduced which will lead to ease of approval and will expedite the commencement and completion of the projects. Certainly the deemed permission is with the condition that the proposal / application should  be in concurrence of the regulations.

3) Simplified procedure for approval and sanction of building permission.

4) No. of NOC’s required for development permissions are reduced.

5)  As per the proposed provision of Inclusive Housing (IH) MCGM will get land and or duly constructed tenements for EWS/LIG whereas the owner and or developer shall not lose out of its entitlement so both win – win for MCGM as well as owner / Developer. At the same time the object of affordable housing is also achieved. 

6)  For the first time ever it is proposed to generate funds for implementation of DP.

7)  Convenience shopping allowed in residential zone are designed to serve retail local needs that would be available in the neighborhood. They would positively impact convenience, quality of life, more pedestrian trips and a diminished  use  of  vehicles.  The norms of commercial activities have been revised and expanded to suit current and future requirements.

8)  The permissible FSI shall be calculation on gross plot area.

9)  The premium for additional area shall be charged @ of 60% of the land rates as per ASR of the year in which FSI is granted. Hopefully this shall bring down the rates of TDR whereby the home prices may come down.

10)  Premium for compensatory (fungible) FSI for industrial and commercial development would be charged @ of 80% of the land rates as per ASR.

11) Long discussed concept of floating TDR is introduced whereby now the Development Right Certificates (DRCs) can be used in entirety or in parts at any location, in any land use zone within the limits of prescribed FSI.

12) Acquisition of land by MHADA/ MCGM/ State Government as public purpose for implementation of cluster development. Whereby now one of the biggest problem i.e. non-participation of the land owner for the cluster redevelopment would be solved.

13)  Provisions for recycle of Grey water, water harvesting provisions etc. for conservation of water and to overcome the shortage of water 

14)  Height of building to be termed as High Rise Building is increased to 32 meters which is presently 24 mtrs.

15)  Vide discretionary powers to Municipal Commissioner may help in better development if exercised judiciously.

16) Operation constructions and tenable repairs for which no permission is required are widely described.

Critics:

1)  RDDP is just the old DRC 1991 with minor modifications.

2)  No rules or policy are proposed for the old structures or tenanted structures in Mumbai suburbs which does not fall under cessed structure.

3)  A additional toll to the construction under the head development surcharge @ 100% of Development charge, for BUA over and above the Zonal (basic) FSI (including fungible BUA) This Development Surcharge shall be in addition to development charges levied as per section 124 of MR&TP Act 1966.

4)  No major incentive FSI for Society Redevelopment for the non-slum or non- cessed structure society.

5)  For eligibility of commercial tenant under slum scheme the datum date for existence of structure should be as on 1-1-1995 whereas no such date is specified for residential and residential-cum-commercial structure. There are notification as regards to eligibility as of the structure as on 1-1-2000 is not considered and n case of dharavi slum the structures existed prior to 1-1-2000 are considered as eligible thus the policy as proposed is biased.

6)  The provisions proposed for parking does not seem to be adequate and does not provide any solution with the no. of increase in vehicles on roads in last 2 decades or the nos. of vehicles which might touch in the next 2 decades.  

7)  Vast open space under NDZ is thrown for Development.

8)  Vide discretionary powers to Municipal Commissioner may add to corruption.

Overall it seems that MCGM has substantially detached from earlier EDDP and have proposed rational regulations which are on much similar to the presently prevailing DC regulation, 1991. 

You can write in with your feedback, suggestion or objections in respect of RDDP 2034 to a) Your local coperators, b) Municipal Commissioner, c) Assistant Municipal Commissioner (Eastern Suburbs, Western Suburbs, City), d) Deputy Municipal Commissioner (Zone I, II, III, IV, V, VI), e) Director (Engineering Services and projects) or f) Chief Engineer Development Plan or to the undersigned to take it further.

By Adv. Rajendra Singhvi

Lex Services

raj@lexservices.in

Note: All efforts are made to avoid errors in summarizing the proposed RDDP 2034 however no responsibility shall be on the author and or publisher incase if any of the content is found to be inconsistent and or in non-conformity with the proposed RDDP 2034 as published by MCGM.