Application of dcr 33(7) or dcr 33(10) on bmc plot in mumbai.
shailesh
(Querist) 09 December 2013
This query is : Resolved
we r slumdwellers on a bmc plot in mumbai.it is a lawfully declared slum but land belongs to mumbai municipal corporation.we hv submitted a proposal for redevelopment under 33(10)in 2010.bmc is not giving noc to annexure 2 on the pretext that they will get more revenue if land is developed under dcr33(7).BMC says As per the new datumline structures prior to 1969 can be redeveloped under 33(7). can bmc develop the land under 33(7)when slum is declared and sra has accepted the proposal in 2010 but no work has started.
Raj Kumar Makkad
(Expert) 09 December 2013
You are required to consult a local lawyer for this purpose. I suggest the name of Ajay sethi, an expert active on this site for this purpose.
ajay sethi
(Expert) 10 December 2013
BMC is owner of plot . for any redevelopment you need BMC consent . Development Control Regulation (DCR) provision 33 (7) was applicable only to dilapidated buildings, constructed prior to 1940
DCR provision 33 (7) would be applicable for reconstruction of those buildings that paid cess to Maharashtra housing and development authority (MHADA), were built before 1940 and also those buildings constructed upto 1959 and listed by them in the list of dangerous structures before the monsoon of 1997.
DCR provision 33 (7), amended in 1999, allows Floor Space Index (FSI) of 2.5 or FSI which is required to accommodate all the tenants in the building plus an incentive FSI, whichever is more for the reconstruction of a building.
