Redevelopment [DCR 33/7]

Redevelopment of old buildings [DCR 33/7]

By the end of the eighteenth century, cotton-spinning industries had been established in Mumbai in response to market demands in China, and the port had already been established. In 1900, there were 136 such units, and Mumbai had comet o be known as the "Manchester of the East", employing, in this industry alone, around 100,000 workers, mostly migrants. During the 1930s, oil mills, mechanical industries, small engineering units, business houses and financial institutions appeared in large numbers. In 1939, a rent control measure was enacted by the colonial Government. Landlords had started increasing rents excessively and indiscriminately, as a result of which tenants, acting as an organized group, were refusing to pay the increases. Fearing adverse consequences for industry and business, the Government intervened in 1939 to impose rent control which allowed only regulated and marginal increases in rent. This and a subsequent "rent freeze" imposed after Independence in 1948 certainly helped the low-income population, in that "it maintained housing at rents they can afford in locations which they would have lost, but for the Rent Act." But the consequences of the rent freeze were that the landlords stopped spending on the repairs. The buildings built long back began weakening. The Structural deterioration of the old buildings led, in several instances, to tragic house collapses. The process of housing deterioration is provoked by a combination of factors, ranging from action by external agents, original construction faults inappropriate utilization of specific parts of the buildings. Structural collapses occur in sections of walls carrying storm-water and drainage pipes which become corroded and susceptible to leakages. The large number of buildings with wooden frames is severely affected when wooden supports absorb moisture or come into contact with water, causing bulges in the walls. Moisture similarly threatens rolled-steel joists, when the web corrodes, and reinforcement, when rust is caused by water seepage and saline atmospheric conditions. Aging of building elements induces failure of flat arches and loss of strength in mortar which, in turn, induces failure of pressed brick flooring on teakwood joists. Constructions faults have are noticed in several buildings, particularly in terms of inadequate reinforcement in concrete construction.

In 1964, the State Government appointed a committee (known as the Bedekar committee) to examine the situation as to why the old housing stock was collapsing and to advise on remedial strategies. The Committee, in the report which was submitted to the Government in 1965, stressed the need to attend to the old houses by setting up an agency with a view to saving the lives of those who were exposed to the risk of house collapse, and also to save the investment of huge sums which would otherwise be necessary for the provision of alternative accommodation for people made homeless by the collapse of neglected buildings. In particular, the Committee recommended the creation of a special department under the BMC to deal with this problem. It identified the scope of activities for this department as: demolition of old structures and construction of new ones to replace them whenever necessary, construction of transit camps to accommodate temporarily displaced households, and undertaking of "special repairs" to dilapidated buildings The accent of the report was clearly on repairs, total reconstruction was seen as necessary only for those buildings which were in a dangerous condition and likely to collapse fairly soon.In 1969, the Bombay Repair and Reconstruction Board Actwas passed by the State legislature and an agency called Bombay Building Repair and Reconstruction Board (BBR&RB) was constituted in 1971, under State Government control, to take care of the repair and reconstruction of old and dilapidated buildings within the city area of Bombay. This was a unique step by which the State Government assumed responsibility for repair and reconstruction, and levied a repair cess.

The repair cess, a sort of urban tax paid by the beneficiaries towards the financial burden of the scheme, is a crucial element to the sustainability of the Programme. The cess is charged in relation to the value of a property, which is decided by the BMC and it collects the cess in the same manner as it collects property tax. The landlords have to pay a minimum of 10 per cent of the cess themselves and are empowered to pass on up to 90 per cent to the tenants in proportion to the rents that various tenants pay. Tenants defaulting for over six months in payment of rent which includes an element of cess are liable to be evicted by the landlord, a matter that is usually taken up in the small causes court (a civil court). If a landlord deliberately does not collect rent or cess from a tenant (which happens when landlords wish to disprove tenancy) the tenant can offer the amount through a cheque or postal money transfer and whether the landlord accepts it or not is immaterial, because the tenant would thereby have proved his intention to pay. The cess is periodically increased to match increases in repair costs, for which the Board fixes a ceiling amount per square metre. The cess applies to all buildings earmarked for repair, while, as mentioned earlier, buildings to be demolished and reconstructed are acquired by the Board. The concept of "beyond economic repair" which prompts the Board to undertake demolition and reconstruction is not based solely on a technical assessment of the expenses involved in the repair of any given building but includes an element of "willingness to pay" on the part of the tenants. When the estimated amount for repairs exceeds the ceiling limit, the tenants are expected to pay the difference or else the building is removed from the repair list and is included in the demolition and reconstruction list.

The imposition of cess is restricted to residential buildings and to those buildings which have a residential component: purely commercial buildings are excluded. As mentioned before, the buildings belonging to public agencies are also exempted from the payment of cess, and they fall outside the scope of repair and reconstruction, Since exclusively commercial buildings are exempted from cess and repair intervention, many buildings which were earlier cessed are decessed on the grounds that changes in use have taken place from partial residential use to full commercial use.

An obvious outcome of this situation is the proliferation of squatter settlements and overcrowding of existing old housing stock. In 1976, a population of about 2.8 million (40 per cent of the total population) was living in slums or squatter settlements, and by 1983, this population had increased to over 3.1 million. In the island-city of Mumbai, there are about 400,000 households residing in around 20,000 buildings which are in an advanced state of dilapidation and which require immediate repair or reconstruction. Besides these 20,000 dilapidated buildings, there are an additional 16,000 buildings which are covered by the Rent Act.

Early dilapidation of old buildings in Mumbai is a direct consequence of the housing shortage, a chronic phenomenon which dates back to the turn of the century when rapid development of the spinning and textile industries and expansion of the port, in response to growing trade, took place. The new migrants, who very often moved to the city alone, were to work as industrial labourers or "coolies" (porters); housing them close to the port was a necessity. Naturally, their housing aspirations were low, as was their capacity to pay for housing. In the absence of a planned housing strategy, their residential needs were largely satisfied by the private sector, through landlord constructed buildings with very small (single room) tenements and common utilities. The local word for this housing type ischawl.Each rental unit was tiny, but the aggregate of rents from several tenements meant a reasonable profit for the landlords who had put up these buildings. After the turn of the century, even the public sector, mostly the Port Authorities which owned vast tracts of land, began constructing similar buildings and renting them out under similar conditions to workers employed by them. Per capita space was low, and densities high from the start, but shortages in supply of this type of housing still meant overcrowding of the existing tenements. Another factor, not taken into consideration by the builders of such housing or by public authorities, was that the migrants brought their families to join them in the cities as they consolidated their.

A BMC survey in 1970s showed that there were 30,237 dilapidated buildings, out of which 1752 were beyond economic repair, 8707 were considered to have a life span of less than five years, and the remaining 19,778 were expected to last between 5 and 15 years.

A subsequent report (1981) of the Steering Group for Slums and Dilapidated Houses, also known as theKerkar Committee,pointed out that the problem might have increased by 50 per cent since the survey was completed in 1971.The magnitude of the problem may be underestimated by these figures since the classification of old buildings into the various categories and their breakdown by wards is made up from a list of only those buildings upon which a "repair cess" has been levied. This applies only to tenanted buildings owned by private landlords, and stock owned by public sector agencies like Municipal Corporation and BPT has not been included (the assumption in this distinction is that public agencies can maintain their property without having to depend upon and without passing the liability on to another public agency).However, the properties owned by public agencies are in no less serious a state of dilapidation than those owned by private landlords, and, what is more important, the share of publicly owned buildings is fairly high. State landlordism has in this case, proved to be a very severe liability: neglect by public agencies (Port Authority, Railway, etc.) of the housing they own is based on long-term speculative plans for average size of households living in chawls is 6.3.redevelopment of the properties for uses other than low-income housing, as well as inadequacy of agency resources and manpower. The bulk of the dilapidated housing stock is occupied by low-income people. The dominant form of such housing, the chawl, accommodate 80 per cent of the low-income households within the city limits; of this total 90 per cent live in one room dwellings irrespective of household size. Chawl alone constitute 74.4 percent of the total housing stock in Greater Bombay. Thus, out of every five dwelling units in Bombay, at least three are chawls.

The status of the buildings under cess category is as under.Category Year of construction No of buildings. A Before 01.09.1940 16502 Nos. B Between 01.09.1940 to 31.12.50 1489 Nos. C Between 01.01.1951 to 30.09.1969 1651 Nos. Total 19642 Nos.With a view to find out permanent solutions to the old buildings, theSukthankar Committeewas constituted by Govt. in the year 1996 to study problems of residents of cessed buildings in the Island City of Mumbai. After detailed deliberations held over a large number of meetings, in July, 1997, the Sukthankar Committee submitted its report to the Government. It was noted in the said report that the life of most of the buildings in Category "A" had nearly come to an end and instead of repairing such buildings periodically, their reconstruction would be the only far sighted solution. It was felt that without giving incentive FSI nothing could be achieved in respect of reconstruction and redevelopment of the old buildings. Therefore, an amendment was made on 25'h January 1999to Regulation 33(7), under the provisions of the Town Planning Act, whereby for reconstructing "A" category cessed buildings, FSI of 2.5 was granted on the gross plot area or the FSI required for rehabilitating the tenants plus 50% to 70% Incentive FS], (as specified in Appendix III] whichever is more.

The scheme under Regulation 33(7) involves landlords with the consent of 70% of the occupiers. There is no acquisition for redevelopment under this Scheme.

The recommendations suggested by the committee were as accepted by Government and accordingly modifications have been made under D.C.Rules.The Gist of modification is as under.The minimum carpet area of a reconstructed tenement enhanced from 180 sq.mtrs.(16.72 sq.mtrs.) to 225 sq.fts ( 20.90 sq.mtrs)

(a) 2.5 FSI for redevelopment by the Co-op. Housing Society (formed by the tenant and Landlord) (OR)

(b)The FSI required for rehousing the tenant plus 50% incentive FSI, in case of building under category A.

FSI 4.00 for reconstruction by MHADA (Mumbai Building Repairs & Reconstruction Board, Mumbai).

The permissible ceiling limit of structural repairs enhanced from Rs. 750/- to Rs. 1000/- per sq.ft.

The Govt. should give a matching grant to M.B.R. & R.Board, which is equivalent to that of cess collected during every year. The M.C.G.B.s contribution to the M.B.R. & R.Board has been enhanced from Rs. 3.60 Crores to Rs. 10.00 Crores and MHADA has to contribute Rs. 10 Crores every year to M.B.R.& R. Board towards reconstruction of cessed buildings.

The reconstructed buildings will be allotted to the Co.Op.Housing Societies of the occupants free of cost on the ownership basis and further maintenance of the premises are to be looked after by the beneficiaries.

The Salient Features of DCR 33 [7] are as under:

This provision is applicable only to the buildings located in island city and not to the buildings of suburbs. The FSI permissible is 2.5 on the gross plot area or the FSI required for Rehabilitation of existing tenants plus incentive FSI whichever is more. The beneficiary buildings for this section are cessed buildings of A category attracting provisions of MHADA act, buildings of the Municipal Corporation, Police Housing Corporation, Home Guard and Jail authorities. It is mandatory that the buildings must have been constructed before year 1940. The developments on the land belonging to the Police authority have to be permitted by the committee constituted for the purpose. The tenants are eligible to get tenements of 300 Sq. Feets carpet area [27.88 Sq. Mtrs] or maximum upto 753 Sq. Feets. Above this limits, the cost of construction shall be paid by the tenant to the Developer. The commercial tenants will get only that area which is occupied by him in the old building. However such area is not considered for calculation of Rehab area and incentive thereon. The list of occupants and area occupied by each of them in the old cessed building shall be certified by the Mumbai repairs and Reconstruction Board and the irrevocable written consent as above shall also be verified by the Board. In case of redevelopment scheme of B category cessed building undertaken by landlord and /or co-operative Housing Societies of landlord and /or occupiers, the total FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI. In cases of composite redevelopment of A, B and C category cessed buildings declared as dangerous by Board before Monsoon of 1997, FSi available for redevelopment undertaken by the landlord and/or co-operative societies of landlord and/or occupiers will be as that which is available to A class [2.5].If the FSI crosses limits of 2.5, the TDR is generated. The reservation can be diluted upto 33%. 20% of incentive FSI can be used for non residential purpose. Tenancy created after 13-6-1996 is not considered in computation of Rehab area. The operation of this clause is subject to provisions of Costal Regulation Zones. The developer to ensure such amount or corpus fund that will take care of maintenance of the Rehab building upto 10 years. The transfer of tenements by the tenants in new building shall be as per provisions of Rent act in case if society is not formed and in case of formation of society, it shall be as per the provisions of the Maharashtra Co-Operative Society Act. The development is initiated only when there are minimum 70% consents of the tenants living in the old building.Development [DCR 32]:

The improvement Trust constituted by an act of 1898, began acquiring the plots in the limits of island city. The improvement works began in the south side. The government also simultaneously began the similar work. A draft development plan took into consideration, the basics such as the width of roads, size of plot, the location, stipulation of user, the compulsory open spaces etc. After the plots were acquired, improved and ready for construction, it was necessary to find the buyers. Advertisements were issued and buyers were asked to quote the prices. The tenure of the land was fixed to be the Lease and not sale. The Britishers knew that in case the land is to be disposed off, on the sale basis, they were required to move to the Municipal Corporation. After the establishment of the Indian National Congress in 1885, there was beginning of political, economical and social awareness among the Indians. There was adequate representation of Indians in the municipal Corporation. The proposal to dispose the land on the sale basis was sure to be turned down by the Indian municipal councilors present in the Corporation. A clever title instrument, by way of Lease was used. The plot ready for dispose off were to be leased out either on lease period of 99 years or perpetual lease of 999 years [as good as ownership]. The bids were called from the buyers. Depending on the market conditions, the bids were received in part or in full. In case where the bids were in part, the lease period was fixed to be of 99 years. The lease rent was adjusted according. In case of permanent or perpetual lease, the lease rent fixed was nominal at Rs 1/. The plots at the attractive locations found the instant buyers. The unattractive plots were, disposed off in stages. The Lease is right to enjoy the property and not own the property. The ultimate ownership of the plot remained with the government. A rider in the Lease conditions was inserted in case of the transfer of the plot or assignments of leasehold rights. Where the full prices were recovered, the Lessee was permitted to transfer the plotso oftenand where the prices received were in parts, the lessee was required to seek prior permission from the Lessor for transfer of the plot. From the year 1900 onwards, the leases were executed. The plots on the DN Road now completed the first lease tenure of 99 years and needed renewal. The Government of Maharashtra came out with the Lease Renewal policy. As per the policy, those leases having residential user, were required to pay the Lease rent for renewal at the rate of 1 % of RR rates, the industrial users at the rate of 2% of RR Rates and the commercial user at the rates of 2.5 % of RR rates. The renewal rates were felt abnormally high by the Lessee. The affected Lessee, led by an esteemed, prestigious news paper, established in olden times and located at fort, approached the court. It pleaded that the RR Rates do not correctly indicate the market rates. The Hon. Court asked the government to file their reply. The government filed the reply by way of withdrawal of the policy and ordering of a reputed valuation agency to work out fair market rates. It must be understood that those who challenged the lease renewal policy of the Maharashtra government are the list of Lessee shown in the schedule W of the BMC act. The schedule essentially contains the list of the plots where initial lease was granted by the state government but the lease renewal is entrusted to BMC. These plots are located in estate such as Hornby road estate, Wellington lines estate, woodhouse road, Marine lines, Mahalaxmi flats estate and Chowpattee estate.

The BMC too, has more than 4000 lease hold plots where the lease renewal policy is based on that of the Government. The BMC has infact gone ahead with revolutionary approach in policy of Lease renewal and lease assignment. Whenever the perpetual lessee or the lessee with 99 years tenure, approached them for development permission, it insists on breaking the lease for the period of 30 years. In case of assignment, the BMC is asking 50% of the unearned income. The BMC has a point, that the Lessee in the present times, is making the kill by selling the plots at high prices and they should also have equal share. In other words, the BMC earlier used to take 7% of the transaction amount as the transfer fee but now it demands 50%. Whether the demand is right or wrong is left to the judgment of everyone. The cash starved BMC needs funds. It would spend 60% of its revenue on the maintenance of the large staff of one and half lakh. Now with the implementation of new pay revision, it will spend as high as 70 % of their revenue on their staff. The citizens have to be content with the 30%, from which is available for the public projects.

Some of the Lessee, built the construction on the plot and began using it for own use. Others choose to built building and rent it out to the tenants. In those days, the investment opportunities, for medium class investors, were limited. The rent from the tenancy was held to be adequate. The construction technology, in the absence of RCC, allowed construction only upto three or four floors. Between years 1900 to 1915 years, numerous buildings were constructed by the landlords. There was lull in the activities due to the First World War and economy remained stagnant till economic depression of late 1930s. The rents were normally not abnormally increased. However, post economic depression, trade and commerce in Mumbai began thriving. The limitless employment opportunities in city evoked the migration from other parts of country to Mumbai. The pressure on housing was evident. The landlord began frequently increasing the rent. Those not able to pay the enhanced rents were asked to vacate. The relations between tenants and the landlord became so tensed that the issue assumed the importance. The government was forced to intervene. The tenancy laws were enacted and the rents were freized. By 1960s, the conditions of the buildings became bad. The landlords did not render of undertake any maintenance of the building as was not allowed to cover the cost through increase in the rent. The buildings built out of bricks and masonry works, began falling down. The state had to again intervene. A repair Board was constituted with necessary financial sources. The Board conducted survey and categorized the buildings in to three classes. The repairs to the buildings were rendered by the board and the amount spent on the repair was recovered by imposition of Cess. Today, there are as many as 19, 644 cessed buildings in the city. Redevelopment of such buildings is covered under the Redevelopment of old buildings.

In the island city, the major landlords are the Bombay Port Trust, the Government of Maharashtra and the Mumbai Municipal Corporation. The Bombay Port Trust Estate, admeasuring around 720 hectares (1800 acres approx.) of land is a huge stretch from Colaba to Raoli junction, including Pir Pau, Butcher Island, land at Titwala and other islands. Out of the total area of 720 hectares the area under the jurisdiction of Estate department of the BPT is around 336 hectares. Out of these, 306 hectares of area is occupied by the lessees of BPT holding leases of various tenures. Around 720 hectares of land is under intensive use for the Board's own activities. There are about 600 lessees. The lessees could broadly be divided into three categories; monthly or annual lessees, 15 years,' term lessees, and 99 years or long term lessees, with or without clauses for renewal. The Leases on collectors land are on from Marine Drive to Bandra, excepting a stretch of Worli sea face. The Mumbai Municipal Corporation has as many as 4000 leases, scattered all over the city.

As mentioned earlier, the concept of FSI was introduced in late 1970s. When the Lessee initially, took the leases, there was no vertical construction technology. The Britishers loved to maintain open spaces. The Percentage of the plot area for the construction purpose was allowed which in those days remained between 40% to 60% percents. Therefore, the construction technology permitted construction upto four to five floors.

The present DC Rules allow construction of building at FSI of 1.33.Various Restrictions

The construction activities in city of Mumbai, is not unrestricted. There are plenty of restrictions on the constructions. As mentioned earlier, the Mumbai is coastal city. The area of the island city is around 67 Sq. Mtrs and as much as 42 % of the land is affected by provisions of the Coastal Regulation Zones [CRZ]. The following are the general restrictions.

Costal Regulation Zones: No development in upto 500 mtrs from High Tide Line. No development on plots reserved for public purpose. No Development within 30 mtrs from Railway tracks. No Development within 300 mtrs from the defence installations [Navy, Air force, Army, Cost guard.] under the provisions of Works of Defence Act. No Development within 300 mtrs from the ancient sites of the Archaeological Survey of India. No Development on Heritage sites. No development in NDZ. NO Developments on Recreation and Play Grounds. Restriction on heights around airport, metrological radar, Nehru Planetarium, No Redevelopment schemes on Central Governments land. Land under enemy evacuee Act. Land under possession of Courts receiver.

The problems and delays in approvals from authorities.

Differences in society over whether to go for Redevelopment or not. Failure to reach on consensus on election of the Managing committee members. Creation of various groups in society. The differences lead to entry of numerous developers, collection of consents in piecemeal manner. Emergence of two and above parallel committees. Valid and invalid consents. Submission of multi Redevelopment proposals to planning authorities. Opposition by non cooperating members to conducting land survey and preparation of inventory. Pending proposals of transfers of tenements. Dispute among legal heirs of the tenements/occupants. Pending payment of rents to landlord. Eligibility of tenants- government criterion, inadequate proofs of the existence of structures. Eligibility of buildings-proof prior to year 1940 for DCR 33[7] and hutments prior to year 1995. Declaration of slums notification. Pending Government decision on eligibility till year 2000. Non finalization of annexure-II by authorities due to difference in area, mezzanine floor, loft, varanda enclosure, names on tenancy records. Unauthorized first floor. Difficulties in preparation of annexure-II due to stringent Government Regulations that discourages the officials to take risk. Tenancy Verification Committee. Difficulties in getting various remarks necessary for submission of plans. Failure of the developer/architects in liaison. Sudden changes in Government policies. Various court judgements. Provision for transit camp/alternative accommodation. Construction phase.FAQ in Development Agreement / Consents

The Frequently Asked questions before signing Development Agreement/Consents

Whether our plot/slum is eligible for Redevelopment? Is our plot eligible for Redevelopment as per current laws? My building is tenanted building, will the landlord be also ready for Redevelopment. Has a society been formed on our plot as per the Government Regulations? Has the society been registered? Has the society elected office bearers for the purpose of Redevelopment? According to law. What is criterion of eligibility. Whether I am eligible for Redevelopment? I have commercial tenement, how much area I am entitled for by the law? What are the various proofs of residence the law accepts? I have purchased the tenements through affidavit and transfer is not registered. Will I be eligible? How I do get my transfer regularized? What is meant by Irrevocable consent What is meant by majority and minority consent How should consent be registered? Once consent given, can I revoke it? How much area legally I am entitled to get? How many developers have come with the offer? What is the best offer? Is the best offer of particular developer, reasonable or is it undervalued? What are reactions of other tenants on the best offer? Who is the developer, how is he, does he have experience of construction, what quality he has given there, is he broker or genuine investor, how much area he is giving our society and how much he is going to sale, where else he has completed the redevelopment projects, will he take us there to show those projects, what does the tenants in those buildings say about him, does he has enough money to finance the construction? Can he start construction of Rehab and Sale unit at the same time? What is composite building, rehab building and sale building? What shall be the layout of development? Will he show us the detail building plans showing on it the location of the Rehab building, number of floors, number of flats per floor, height of the building, the type of building material he is using, the interior layout of the flat, balcony, amenities, location of hall, bathroom, kitchen, toilet etc.? Where will he shift me or how much rent he will pay me to move out? What will be legal action taken against the non cooperating members by the authorities? How much time he will take to complete the construction. On which floor I will get the flat. Who will monitor the assurances he has given in development agreement. Who will monitor the agreement in case he defaults? What shall happen in case he abandons the construction work due to various reasons? Will there be car parking, open area, adequate water and sewerage disposal supply? What other built up amenities the builders will give? What will be status of our rehab building after the Building Completion Certificate [BCC]? What will be the application of various municipal taxes payable by me? Can I sell the tenement in Rehab building during the construction and after the construction?Redevelopment [DCR 33/5]

Redevelopment on MHADA Layout [DCR 33/5]

This clause of Development Regulation is applicable for the redevelopment of the buildings located on layouts belonging to the Maharashtra Housing and Area Development Authority [MHADA]. MHADA is a public authority, set up under the state act called MHADA act of 1976. It is an apex body incorporating in it the various roles on housing discharged by various splinter bodies before its enactment. Earlier, there existed various housing bodies performing different functions related to Housing in that the Bombay Housing Board undertook construction of residential buildings all over the state of Maharashtra except in Vidarbha region which was under the Central Province during British India. The second was the Bombay Building repair and Reconstruction Board constituted in 1971 to undertake the repairs to the old and dilapidated buildings within the island city [more can be read in successive paragraphs. The third authority was the Maharashtra Slum Improvement Board constituted in 1974 to provide basic civic services such as water, sewerage, toilets, street light etc to slums cropping up on the government land.

As regards the application of DCR Regulation 33 [5], it is mainly applicable to the layouts of MHADA located in the Mumbai. The genesis of introduction of this section in DCR owes itself to the Housing policy announced by the State in year 2007. In order to study the Housing problems in Mumbai, the Government constituted a Task Force under the chief secretary in August 2006. The group held five meetings. The groups gave hearings to representatives from housing industry, property owners, tenants associations, environmental groups, consumer protection groups and NGOs working in the slums. The recommendations of the study group were accepted and incorporated in the new Housing policy. With regard to the Housing for Economically Weaker Section [EWS], Low Income Group [LIG] and Middle income Group [MIG], the housing policy it postulates following objectives.

Affordable housing in urban and rural areas, creation of adequate housing stock for LIG, EWS and shelter for the poorest of poor. To promote cities without slums through equitable slum redevelopment and rehabilitation strategy and shelter for poor. Deregulate housing PPP in financing construction and maintenance of houses for LIG and the poor. Liberalize Development Control Rules and streamline approval procedures. Promote Rental Housing through amendment in Rent Control act and incentivize the housing for weaker sections. Facilitate urban renewal of the inner cities [this can be read in detail in Urban renewal section DCR 33 [9]].

The strategy to achieve above objectives consisted of following.

Higher FSI for LIG Housing. Higher FSI for Rental housing. Redevelopment of dilapidated buildings by cluster approach and PPP . Plots having reservation of PH [Public Housing] and HD [Housing for Dishoused] to be developed through PPP. Subsidize government land for LIG. Deregulate housing sector and promote private sector in LIG housing.

The salient features of DCR 33 [5] are as under

The FSI for a new constructed tenements scheme of Low cost Housing Schemes on vacant lands for Economically Weaker Section, LIG and MIG of the MHADA having at least 60% built up area in the form of tenements under ES, LIG and MIG categories shall be 2.5. For Redevelopment of existing housing schemes of MHADA, undertaken by the MHADA departmentally or jointly with societies/occupiers of buildings or by housing societies/occupiers of building or by Lessee of MHADA or by the developer, the FSI shall be 2.5 on gross plot area. The incentives on plots having area more than 4000 sq. Mtrs in city will be 50% and in suburbs will be 60%. The difference of 10% lesser in the city area is due to higher property prices. In suburbs if plots are more than 4000 Sq. Mtrs, the incentive FSI in 75%. The difference between 2.5 and the FSI required for Rehabilitation + incentive shall be shared between MHADA and Society developer in the ration of 2 :1 or MHADA may take premium for selling the surplus area to the developer. Density of the construction shall be upto 450 tenements per hector having at least 60 % tenements for EWS/LIG housing.

The following are the proposed beneficiaries of the DCR 33 [5].

Nehru Nagar (Kurla East) Netaji Nagar (Kurla East) Vinoba Bhave Nagar (Kurla East) Tilak Nagar, Chembur New Tilak Nagar, Chembur Pant Nagar, Ghatkopar Chittarajan Nagar, Ghatkopar

Adarsh Nagar, Jogeshwari Anand Nagar, Santacruz Aram Nagar, Andheri Azad Nagar, Andheri Chaitanya Nagar, Santacruz Chakki Khana, Santacruz Dindoshi, Malad D.N. Nagar, Andheri Dhake Colony, Andheri J.V.P.D. Parle Majaswadi, Jogeshwari (Sarvodaya Nagar) Magathane, Borivali Nirmal Nagar, Bandra Nityananda Nagar, Andheri Oshiwara/ Mega Project, Andheri- Jogeshwari Patliputra nagar, Goregaon Ramakrishna Nagar, Khar Samata Nagar, Kandivali Sunder Nagar, Kalina Sahar Tower, Andheri Teacher Colony, Bandra Vaibhav Palace (Oshiwara) Vijay Nagar, Bandra

Tagore Nagar, Vikhroli (East) Kannamwar Nagar, Vikhroli (East) Chandivali / Powai Powai Sahakar Nagar, Chembur Subhash Nagar, Chembur Vadhavali, (Chembur) Mulund (Mithagar Road) Mulund (Nahur) Mulund (Navaghar Road) P.M.G.P. (Kandivali)

P.M.G.P. (Mulund) P.M.G.P. (Dharavi)

398 T/s MIG Siddhartha Nagar 280 T/s MIG Sidharth Nagar 224 T/s A+B Type Sidharth Nagar 666/808 T/s Sidharth Nagar 1 2 472 T/s Sidharth Nagar 3 IW 448 T/s Sidharth Nagar IV 120/480 T/s Sidharth Nagar VI Building No. 29 30 34 40/480 T/s Sidharth Nagar VI Building No. 31 80/480 T/s Sidharth Nagar Building No. 32 33 240/480 T/s Sidharth Nagar VI Building No. 35 36 37 168 T/s Sidharth Nagar V 48/80 T/s Sidharth Nagar VII Building No. 38 32/80 T/s Sidharth Nagar VII Building No. 38 (Non Res) 100 T/s Sidharth Nagar HIG 40 T/s Sidharth Nagar HIG 16 T/s Sidharth Nagar (1 vacant) 18 shops Sidharth Nagar LIG

700 T/s Motilal Nagar 2274 T/s Motilal Nagar 726 T/s Motilal Nagar 16 T/s Motilal Nagar

30 T/s Mahavir Nagar 946 T/s Mahavir Nagar 112 T/s Mahavir Nagar 180 T/s Mahavir Nagar 80 T/s Eksar Colony

400 T/s Sane Guruji Nagar

512/736 T/s Shashtri Nagar 224/736 T/s Shastri Nagar 260/320 T/s Shastri Nagar Building No. 1,3,4,5,6,7, 8,9,10,12 20/320 T/s Shastri Nagar Bldg 2 40/320 T/s Shastri Nagar Bldg 11

1040/2160 Old Gorai Road Borivali. 160/2160 Old Gorai Road Borivali 80/2160 Old Gorai Road Borivali 160/2160 Old Gorai Road Borivali 720/2160 Old Gorai Road Borivali 80/104 T/s New Gorai Road Borivali 120 T/s New Gorai Road Borivali 60 T/s New Gorai Road Borivali Bldg. No. 7 To 9 HIG 40 T/s HIG New Gorai Road Bldg. No. 10, 11 16 T/s Gorai Road, 8 shops Gorai Road 728 T/s / 1056 New Gorai Road 328 T/s / 1056 New Gorai Road 24/104 T/s MIG New Gorai Road

96 T/s Unnat Nagar I 78/514 T/s Unnat Nagar II 200 T/s Unnat Nagar III 284/348 T/s Unnat Nagar IV 9 Shop Unnat Nagar IV 15 T/s Unnat Nagar Patrakar

216/ 348 T/s Mitha Nagar 132/348 T/s Mitha Nagar

222/234 T/s Rajendra Nagar I.W. 68/141 T/s Rajendra Nagar LIG/C 176 T/s Rajendra Nagar LIG/HPS 64 T/s Rajendra Nagar 140 T/s Rajendra Nagar

248/2500 T/s D. G. Nagar 2252/2500 T/s D. G. Nagar

640/720 T/s Vanrai, Goregaon 344/378 T/s Vanrai Goregaon

Abhyudaya Nagar, Kalachowky Sardar nagar, Sion Swadeshi Mill/Chunabhatti, Sion Dnyaneshwar Nagar, Shiwari Bombay Dying Gandhi Nagar, Prabhadevi Kher Nagar, Bandra East Adarsh Nagar, Worli Shivaji Nagar, Worli Ambedkar Nagar, Worli Lokmanya Nagar, Dadar Bharat Nagar, Bandra (E0 Bandra Reclamation, Bandra (W) Forget Manzil, Tardeo Saket, Worli Machhimar, Mahim Garamkhada, Lalbaug Navyojana, Tardeo Vaishali Nagar, Mahalaxmi Nilanganga Nagar, Lower Parel Deoratna Nagar, Chunabhatti Pratiksha nagar, Sion Antop hill - Wadala ShiwadiCluster Development [DCR 33/9]

URBAN RENEWAL SCHEME/CLUSTER DEVELOPMENT [DCR 33/9]

What is meant by Urban Renewal Scheme?It means any scheme in island city of the Mumbai having a minimum area of 4000 Sq mtrs. The plot should be bounded by existing physical boundaries such as roads, nallas, and railway lines. Policy introduced vide TPB 4307/2346/CR-106/2008/UD-11 dated 02nd March 2009 It is applicable only in island city. Who all can undertake the schemes under new 33/9? [a] MHADA either departmentally or through any suitable agency. [b] MCGM either departmentally or through any suitable agency. [c] MHADA jointly with land owners MHADA jointly with Coop Housing society of tenants/occupiers. MHADA and developer MHADA and coop Hsg society of hutment dwellers. [d] Independently by landowners [e] Independently by coop hsg societies of tenants [f] Occupiers of the buildings or Developer

FSI AVAILABLE

FSI 4 or required for rehabilitation + incentive, whichever is more. Plot size should be minimum of 4000 sq.mtr. Mtr [1 acre] FSI for non residential user is 30% of incentive FSI.

HIGH POWER COMMITTEE

COMPOSITION: Chairman : Municipal Commissioner. Mumbai Municipal Corporation Members: Commissioner. MMRDA CEO. Mumbai Repair and Reconstruction Board Joint. Police Commissioner [Traffic ] Mumbai Chief Architect. PWD Deputy Director Town Planning. Mumbai Member Secretary: Director. [ESP] Mumbai Municipal Corporation

POWERS:

According approvals to proposals of Redevelopment under Urban Renewal Schemes. Review and suggest Improvements/ changes in urban Renewal schemes on Basic amenities and services such as Roads, Sewerage disposal, water and Electricity supply, transport, open spaces, public amenities etc. Issuing directions to developer to complete the project in planned and time scheduled manner. Ensuring that the public Reservations as per the Development is developed. Approvals to change the various boundaries of plots in Urban Renewal Schemes. Supervising and controlling the infrastructural Revenues exclusively for the infrastructural purpose. Implementing government directives issued from time to time in making the Urban Renewal Schemes success.

ELIGIBILITY OF BUILDINGS: What are to characteristics of structures that are eligible to be included in the Urban Renewal scheme? [a] Cessed buildings of A, B & C categories in Island City which attracts the provisons of the MHADA act 1976. [b] Buildings erected before 30/9/1969 and acquired by MHADA under MHAD Act 1976. [c] All buildings belonging to:

Government

Semi Government

MCGM

Institutional buildings

Office buildings

Tenanted municipal buildings

Buildings constructed by MHADA

The above buildings must have been constructed prior to 30-09-1969 and it must have built up area of 2000 Sq. Mtrs. However prior permission of the concerned department shall be obtained before granting development permission.

[d] If buildings erected before 30/9/1969 which are unfit for human habitation due to disrepair or have structural/sanitary defects. Those buildings also qualify which have bad configuration or are narrow due to streets. It also includes those buildings which are dangerous or injurious to the health of the occupants but it should be certified by the officer designated by MHADA /MCGM.

[e] There may be some buildings having conditions mentioned in para [d] but are constructed after 30/9/1969 and are to be included in the scheme. In such case prior approval of the state will be required.

[f] Slum areas declared as slums under section4 of Slum Act or slums on public lands prior to 1-1-1995 or such other reference date notified by the government, can also be included in the scheme. But the percentage of slum area and the buildings constructed after 30-9-1969 should not exceed 25% [1/4th] of the total plot area.

[g] any land belonging to the government, semi government, MCGM and MHADA [either vacant or built upon] which have been given on lease or have the tenure of occupant Class II which falls within the proposed URS shall be made available for the project subject to payment of premium at the rate of 25% of the Ready reckoner.

[h] If some areas already developed / are in the process of development under different provisions of DCR, such areas can be included in cluster for purpose of calculation of area of cluster but if they have slums and buildings prior to 1969, they should not exceed 25%. Of total plot area, however it shall be necessary to obtain consent of owner/owners of such areas to some part of cluster.

* Unauthorized construction shall not be taken in account while computing FSI.* Mezzanine floors constructed prior to 13/6/1996 and regularized subsequently will be eligible for rehab and incentive FSI.* Redevelopment or Reconstruction under URS may be permitted by written consent by not less than 70 percent of eligible tenants/occupants. If MHADA/MCGM undertakes scheme, then consents are not required.* Minimum fixed carport area of 27.88 sq. mtr [300 Sq. feet] and maximum area equivalent total occupied in the old building. In case commercial, area will be equal to area occupied in old buildings.* If the tenant has area less than 300 Sq. Feet, he gets 300 Sq. Feet and if he has more area more than 300 sq. feet and less than 753 Sq. Ft, he get that area which is under his occupation in old building.* Enclosed balcony area is also included in calculation of carpet area.* If carpet area for residential purpose exceeds 70 Sq, mtr the cost of construction shall be paid by the tenant/occupant to the developer. The cost of construction shall be fixed by government from time to time.* In case of commercial user, maximum carpet area to be provided is equal to the area occupied in old building.* Transfer of tenement of tenants is allowed as per the provisions of Cooperative Society act but in the slum occupant in new rehab building, cannot transfer it for 10 years.* If the property is located in CRZ, the provisions of CRZ will prevail.* Religious structure of the original size is permitted in the scheme.* HPC will decide the corpus fund that can take care of maintenance for 10 years* Where Rehab area exceeds 2.50, MHADA/MCGM shall get 5% of built area for FSI 4.00 free of cost. This additional area shall be included in rehabilitation area and incentive to the extent of 50% shall be available for this area.* If Urban Renewal scheme is falling in CRZ, the MOEF notifications will prevail

For slum areas: For slum areas: [a] names on election roll of 1/1/1995 [b] Redevelopment or Reconstruction under URS may be permitted by written consent by not less than 70 percent of eligible tenants/occupants. If MHADA/MCGM undertakes scheme than consents are not required. [c] Minimum fixed carpet area of 27.88 sq. mtr [300 Sq. feet] and maximum area equivalent to area occupied in the old building. In case commercial, area will be equal to area occupied in old buildings. [d] If carpet area for residential purpose exceeds 70 Sq, mtr the cost of construction shall be paid by the tenant/occupant to the developer. The cost of construction shall be fixed by government from time to time.

16. How is the FSI shared in urban renewal scheme? How is FSI arrived at? The total permissible FSI shall be on gross plot area excluding reservation/designations but including the built up area under reservation/designation. [a] where Rehab area exceeds 2.50, MHADA/MCGM shall get 5% of built area for FSI 4.00 free of cost. This additional area shall be included in rehabilitation area and incentive to the extent of 50% shall be available for this area. [b] if Urban Renewal scheme is falling in CRZ, the MOEF notifications will prevail.*How is incentive FSI to the Developer admissible? If the total area of amalgamated plot is: 4000-8000 55% 8001 to 12000 65% 12000 to 16000 70% 16000 to 20000 75% 20000 above 80% In the proposal of maximum 4 the permissible maximum FSSI above and above rehab incentive as per [c] means para 17, shall be shared in terms of built up area between MCGM and MHADA [in proportionate to their plot areas] and private developer in joint venture in the ratio of 1:05. 30% of the incentive FSI can be used for non residential purposes otherwise permissible in the DCR.

List of Documents required for proposal under DCR 33(9)

Lead Architects covering letter to MCGM for submission of the Proposal under modified 33(9) of DCR 1991. Area certificate of plot from the Lead Architect and to be checked by ordinating architect. Property Register Card and True extract from the Office of Collector old custom house [Superintendent of Land Records]. Inspection Extract and category certificate from respective AA&C of MCGM from the concerned wards. Area certificate by Triangulation Method. Latest D.P. Remarks (Normally within period of maximum last one year). Plan showing Plain Table Survey showing Existing structures at site. Performa A as per Appendix X as per modified 33(9) of DCR 1991 Clients Appointment letter to the Lead and Co-ordinate Architects. Lead Architects letter to Co-ordinate Architect stating no objection to pursue proposal in MHADA/MCGM/GOM/GOI. Clients letter of appointment to the Team Members like Coordinating Architect to Fire Consultant. Plans showing Existing Structures on separate sheet and Proposed buildings showing the Area under rehabilitation ,Incentive Area, Buildable Area under accommodation reservations, Area Under non buildable reservations, Physical recreation Ground, Parking lots,30%commercial and rest Residential etc. AutoCAD Drawings showing all 2D, 3D etc so as to place the order of Model in Plastics as good as POP. Site Photographs showing the hygienic/Dilapidated conditions at Site.

SERVICESSlum Redevelopment [DCR 33/10]

Slum Redevelopment DCR 33/10]

The total jurisdiction of Greater Mumbai is 437 Sq. K. Mtrs and is home to a population of more than 11 million people. Of this 6 million people, live in slums. The contribution of slum dwellers to the citys economy as industrial workers, construction labour, domestic helpers, rag- pickers and in a whole range of petty traders like vegetable and fruit sellers numbering more than three lakhs and 37% of which along provides vegetables to Mumbai. The five star culture and slum culture are complimentary. The slums have come up on private lands [50%], State government lands [25%], Municipal Corporation lands [20%], central government lands and housing boards land [5%].

Mumbai is largest city in a country, India. The city population is at least 12 million [could be more if we count the twin city if New Mumbai]. Half of the population lives in slums, roads and pavement dwellers. One of the estimates says slums occupy 8 percent of citys land which totals about 43,000 hectors. The rest of citys land is either industrial, low, middle and housing societies or vacant land under the public reservations. The influx of migrants to the city historically continues. Mumbai has always been a city of commerce. Unlike British built Calcutta, construction of 19th century Mumbai was principally financed by a non-British, Native merchant class. During this period, the citys economic base expanded from maritime trading to include a robust textiles and related manufacturing sector. Textile became the primary engine of industrialization and economic growth in 1860s, when the U.S. Civil war limited access to American cotton, and the opening of Suez Canal in 1869 consolidated Mumbais role in intercontinental trade. By the 1930s, the textile industry employed nearly three-quarters of the urban population. Decline of the textile industry began toward the end of the 1970s due to mismanagement by the textile mill owners and the frequent labor unions strikes. Instead of investing in the obsolete machinery, the mill owners choose to invest in emerging industries such as engineering and pharmaceuticals. Gradually Mumbais economy shifted from labor intensive to capital intensive production. The jobs during 1961 to 1991 in textile industry fell by 12 percent of total work force or 400000.

As we are aware, the Mumbai was given as dowry when the Portuguese princess married the British Queen. The British later leased out the city to East India Company for 99 years. The lapse of lease coincided with the first war of Indian independence in 1857, the political consequence of the rebellion, was non renewal of the Lease and instead, assumption of power by the Queen. What it implies essentially is, that the entire land in city, once upon time, belonged to the government and government statutory authorities. These statutory land owning authorities till 1970s, sought to demolish slums and clear land of encroachment. This deterrent policy did not yield desired results as the slum dwellers simply built back their huts again once the demolition squad left or shifted to another location within the city limits. The slum dwellers, however, were essential players in voting process for elections of representatives to local bodies, state assembly and the parliament. The elected representatives intervened in the policy of demolitions justifying that the slum dwellers are an integral part of the forces that has made the city of Mumbai as financial capital and economic engine of the country. The city alone contributes 40% of Indias national income. It was therefore decided to offer the protection to them. First census of the slums was conducted in 1976. A new legislation known as Slum Act was introduced. The door to door survey of the huts was held to record the details of the families staying in the huts. An instrument of identity called Photo pass was issued to them. The census slums became now eligible for spending of public funds from the authorities. A new budget head was introduced for expenditure on improving the hygienic and sanitation conditions in the slums. The small channels to carry the sewerage water for disposal, the storm water drains for carrying rain water, internal roads, toilets and other incidental amenities were built. The community structures like assembly hall, places of worship and such built up structures for common use of community were built.

The land that came from the process of acquisition could not be developed for the designated purpose due to lack of financial resources with the government. Some of the land that was encumbered with occupants was acquired with the occupants. The occupants, who were tenants of the earlier landlord, were treated as tenants of authorities. Not only the acquired land remained undeveloped but also remained unprotected. The vibrant economy of Mumbai offered limitless job opportunities. The lack of employment opportunities elsewhere in India, paved a way for population migration. The poor came in search of jobs to Mumbai. While the employment opportunities in Mumbai greeted them but unaffordable housing to dwell remained beyond economic reach of poor's. The unscrupulous anti social elements and the slumlords, with muscle power and with political and administrative patronage, seized the government and private lands, marked small pitches on it and sold it to gullible migrants entering the city. The gradual process of the emergence of the slums continued despite the acts of demolitions by authorities. However, the state after census of 1976 began treating slums with humane approach. It was presumed that those slum dwellers who built their huts prior to year 1976 and who were protected from demolition will be the first and last group. However in the anticipation of similar regularization by the state of encroachment in future, the encroachments continued. The huge voters base of slum dwellers vented their voice and the law makers had to heed and convert them in to legislative act. The encroachment on the government and private land was regularized and protected till 1986 and ultimately till 1995. From year 1995 onwards the some public spirited citizens grouped together to protest against the populist policies. However by year 2009, the protection was extended till year 2000 subject to confirmation of same by the Hon apex court of India.

The statutory right to protection of structures against demolition is right conferred upon the slum dwellers by the state laws enacted under the slum Act. The Indian constitution guarantees to its citizens certain fundamental rights. One of such fundamental rights is right to Life. The right to life includes the right to shelter. The living in shelter will not be meaningful till the structure is not of certain size. The size of the structure will be usable only when it has the basic amenities such as the potable clean drinking water, structural strength; proper sewerage disposal, electricity and such societal life as would promote the growth of the spiritual faculties of the individual.

The attainment of such objectives, it was deliberated, is difficult to achieve unless, the entire pocket of slums is subjected to redevelopment. The 54% of slum population in Mumbai live in1950 slum pockets. The brainy honchos in the bureaucracy began deliberating on bringing amendment to the slum laws. The adequate size of the structure in redeveloped buildings, prior to year 1995, was thought to be 180 Sq. feet. But the amendment in 1995 enlarged it to 225 Sq. Feet. By now in 2010 it is 269 Sq. Feet. It is till beyond the expectation of slum dwellers who want it to be extended to 400 Sq. Feet.

The year 1995 represents the year of golden era for the slum and pavement dwellers when the state first time announced its policy of redevelopment of the slums. The state constituted a special executive authority called Slum Redevelopment Authority [SRA]. The authority is headed by senior officer of Indian Administrative Services [IAS]. There is a board under the chairmanship of the Hon. Chief Minister, which review the speedy approvals to Slum Redevelopment Schemes. The procedure for the initiation of slum redevelopment was drafted. It was felt by the law makers that the redevelopment of slum is a consensus process in that those who are eligible for the benefits should themselves drive the proposal. It was held natural that instead of the slum dwellers expressing their will individually, whether to redevelop the slum or not, they should organize in group. The redevelopment of the slum is a public project and the project involves financials. The state has numerous functions to perform and the available finance could not be earmarked exclusively for slums. When the always burgeoning property prices in Mumbai was the gospel truth, it was prerogative of the state to cash on and mix the welfare of slums along with the inherent power of law making. The state came out with the legislation that was to create a win-win situation for both, the slum dwellers, the investor and the state itself. While the FSI in city is 1.33 and in the suburbs was 1, the FSI in case of redevelopment of the Slums is prescribed to be 2.5. Some of the difficult areas like Asias largest slum, Dharavi, it was prescribed to upto 3. The general bench mark of Tenement Density was prescribed. In simple words, out of FSI of 2.5, FSI of 1 was to go in rehabilitating the slum dwellers, FSI of .5 was for the investor developer to recover the investment incurred in constructing Rehab Component building of slum dwellers and FSI of 1 was a profit. However, the incentive pattern differs. While in the island city it is 0.75 to 1 FSI built, in suburb it is 1: 1. The reasons being that the land prices in island city are higher than those in suburbs.

The beginning of the Slum Redevelopment Scheme [SRS] on a plot begins this way. At initial stage, all the slum dwellers residing on the plot prior to 1/1/1995 and are in use of the structure are eligible for the rehabilitation.

At least 70% eligible slum dwellers in a slum unite and form proposed housing society. There should be atleast 25 huts on a plot. In case their strength is lesser than 25, in such case authorities have option to shift them to alternative accommodation and save the plot from dense construction. They appoint a chief promoter, collect share capital of Rs 50/ per member and Rs 1/-as entrance fee. The collection is deposited in the name of the proposed housing society in the bank such as Mumbai district central co-operative/Maharashtra state co-operating bank ltd. The documents essential for preparation of building plan are collected either by society or through their architect. The plot is surveyed through the licensed surveyor to identify the boundary of the plot, required for computation of FSI. The slum structures are properly demarcated. A survey of structures on the plot is carried out and the structures are numbered on the plan. A table of house number as per plan and the names of occupants are prepared. The proofs as fixed by the government are used to select the beneficiaries. The proof includes, namely, voters list of year 1/1/1995 made for state assembly election. Voters identity card, ration card [now deleted due to large number of irregularilities], any bills issued by the government authorities such as electricity, telephone, gas or court notices. Depending on the honesty and integrity of the managing committee members, the selection of the developer is preceded ahead. While some of them transparently invite the developers with their offer letter, some unscrupulous, fix the developers without calling the general body meeting. The developer appoints professional such as Architects, The Developer enters in to individual agreements with all the slum dwellers agreeing to participate in the scheme. The legal provisions does not mandate the appointment of developers. The society itself can develop the property with 2.5 FSI provided they can arrange the means of finance on their own. This is termed as Self Development. A development proposal with required plans showing the location of the rehab and sale building is prepared. The annexure of the eligible beneficiaries along with the supporting documents, is forwarded to the planning authority SRA.In the office of SRA, the further processing takes place as under. Initial scrutiny of the proposal is carried out at the level of Sub engineer who examines and ensures that the proposal along with the documents is in order and as per the procedure. If the proposal is found to be in order, the scrutiny fess is calculated and informed to the developer. The developer pays the scrutiny fee. The acceptance of the fee indicates the proposal is accepted. The ownership status of the land from the Property card is checked. The annexure II containing the names and details of the proposed beneficiaries, is sent to the landlord for cross checking the facts whether the beneficiaries are eligible for the flats as per the legal norms. Annexure I is scrutinized by the engineering wing for correct computation of FSI generated on the plot. The annexure III is sent inside office for working out financial parameters of the scheme. The land owning authority, after receiving the annexure II, the documents proving the eligibility of beneficiaries are examined. The annexure is signed under the signature of the competent officer as mentioned in slum act. The annexure II and III after certification, are returned to the office of SRA. The SRA gives approval to Letter of Intent [LOI], layout, Intimation of Approval and commencement certificate to the first building for work upto plinth are processed. Depending on circumstances. The SRA makes effort to give all four documents in one go atleast in case of Rehab building. At the plot, the society draws lots for allotment of the tenements to the members who are ready to participate in the scheme. Draw for the non cooperating members from the remaining tenements is also drawn. Since the permissions are in hand and the slum dwellers are over with the draw, its time to vacate the plot. The developer arranges for the transit accommodation to the slum dwellers, which can be either on plot itself or in adjoining areas. The developer has to take into consideration the fact that the occupants have their jobs and schools for the children nearby failing which the resentment is evoked on the plot. The allotment for rooms in transit camp is also governed by the lot system. In case the developer is unable to find acceptable transit accommodation, the SRA may extend help by making him available plot in nearby location. Another agency of the government SPPL, may also rent out their transit camp in case they are available. The SRA and MMRDA through another provision of law called 3.11 create the pool of PAP tenements by inviting the private landowners to built PAP tenements on their plot at the FSI of 2.5 and hand over the same to them. In lieu of building and handing over, the private land lord gets land TDR and construction TDR. However, the response seems good only if the prices of TDR are attractive in TDR market. The slum dwellers are shifted either to the transit camp or rented tenements and their hutments are demolished to pave way for construction. Those slum dwellers refusing to vacate their tenements are served with notice under the provisions No 33 and 38 of Maharashtra Slum Areas [Improvement, clearance and Redevelopment] Act 1971 so that the construction work on the plot is removed. However, sometimes, the before eviction, the non cooperating members, continue to protest until their all options are exhausted and they are forcibly removed. After demolitions of structures, work upto plinth level is completed. The SRA officials inspect the site and if no violation in the construction permission is found, further permission beyond the plinth is given by way of approvals to the sale building and Rehab building. However the building permissions for the tall buildings are given in the proportion of the permissions given to the rehabilitation building. After the completion of rehab building, list of allotment is drawn up. The allotment of flat in newly constructed rehab buildings, is made in the joint name of the head of the household and the spouse. The architect submits to office of SRA the building completion certificate. The landowning authority allots 30 years lease to the society to be renewable again by 30 years after the lapse of initial 30 years. After checking of the building and compliance of the conditions given in permissions, the Occupation certificate is granted. The slum dwellers as per the allotment list are given possession of the tenements. The SRA issues identity card to slum dwellers. Now the developer is free from part obligation and concentrates on his sale building to recover the cost of his investment. After completion of the last building in the layout, the separate property cards for the rehab building as well as reservation component [in case the plot where the slum was reserved for buildable reservation, the reservation is diluted and the developer has to construct at his cost the building].

In case the where the plot is thinly encumbered with the slums and when the minimum density of 500 tenements per hectors is to be followed in redevelopment, there are chances of creation of some surplus tenements which are handed over to the Project planning authorities for allotment of the same to the persons who are to be rehabilitated in case the land beneath their structures is to be used for public purposes. The various planning authorities working in the city is the Mumbai Municipal Corporation for implementation of the City Development Plan, the Mumbai Metropolitan Regional Development Authority [MMRDA} for wider and large infrastructural projects such as Major Roads, metros, bridges and so many of them. The Maharashtra Housing Development Authority [MHADA] is engaged in building the houses for high, middle and Lower Income Groups. The Public Works Department [PWD] is another state agency engaged in building and maintaining the major roads that connect eastern and western suburbs with the island city. The Airport Authority is another agency presently looking for tenements to rehouse the slum dwellers so that it can expand the airport. While the land with the state is limited, the state in the quest to obtain the additional land brought in a law that stipulates that the private persons who own the land and on which they built and hand over to the state the tenements of 269 Sq. Feet, then he will be entitled to receive land TDR and Construction TDR [ Transfer of Development Rights]. The TDR always what you hear, is an instrument [not part of statutory negotiable instrument] where the holder is authorized to built additional construction equivalent to the units mentioned in TDR. To illustrate if the FSI of suburbs is 1, but with loading of TDR, the law permits the construction at the FSI of 2R

The list of the documents to be collected depends on the plot to plot, the major documents are as follows.

* Property Records Card: The Revenue department of the government maintains the records of the ownership of the property. The PR Card contains the details of the owner, and occupant. It also indicates the tenure of the property of the holder whether as on free hold basis or leasehold or tenancy basis. The PR card most importantly shows the area of the plot which is the basis for the computation of the FSI. However the planning authorities insist measurement. This exercise help to confirm the boundaries which is helpful in approval of plans, sun division, Road Widening purpose, compulsory acquisition, different types of Reservations for purpose of computation of FSI and loading of the TDR etc. The names of the Holders are only incorporated if the property is non-agricultural. If the property is agricultural, only tenure is mentioned as agricultural in P.R.C. When the property is converted to N.A. and after producing necessary documents by the applicant name of the holder is incorporated in the P.R. card after N.A. measurement and following due procedure. The maps of City Survey are prepared in 1:500 scale .It also shows whether the plot belongs to private individual or the government. In case it belongs to the private individual, the No Objection Certificate is mandatory. In cases where the plot is declared as slum and where the landlord refuses to give NOC, the government has power to acquire the land for public purpose and the Redevelopment project is held to be public purpose. The acquisition is subject to payment of the compensation to the owner. In case where the land belongs to the Central Government, it is important to note that the Redevelopment policy is statute enacted by the federal state and is applicable to only on the land belonging to the state government and other autonomous bodies created under the state statute. Such authorities are Mumbai Municipal Corporation, MHADA, MMRDA, PWD, Collector, and Repair Board. The Redevelopment policy is not applicable on the land belonging to Central Government. Such lands in Mumbai are owned by central departments Central PWD. It is important to note that there are certain sensitive such as the department of Railway, Salt, Bombay Port Trust, defiance, and installations where the No Objection Certificate is required if the Development is falling within 300 mtrs of such installations. However, whether there is need to bring the NOC in such case is decided and included in the list of documents, by the Planning authority approving the plan of Redevelopment.

CTS plan: A CTS plan emerged from Cadastral survey. A cadastral survey refers to a detailed survey of the land, noting geographical features as well as Ownership boundaries. This is usually carried out in order to assess ownership as well as to provide a basis for taxation. Such a survey was never carried out in many Permanent Settlement areas, since the British, being assured of fixed revenue from the landlords, did not need such detailed information. The City Survey of Mumbai Sub-District has been carried out during the period 1962-68. The City Survey Record is prepared for all the villages in Mumbai Sub District. The City Survey record for each individual parcel of land has been created and given a particular number which is known as City Survey number. A property card for each City Survey number is also prepared.

In Bombay Suburban district there is system of 7/12 which similarly, gives details of the owner of the land. Further there is another document called 8/12 which gives mutation entries. Mutation means the necessary changes in the property to be carried out as the result of sale transactions. In other words, the detail of 7/12 has to be in line with the mutation entries. In case one has to dig out the past details of the property prior to 1968, in such one has to go for enquiry extract which will give survey numbers and ownership details.

CS PLAN: This denotes Cadestral Survey Number which is applicable only to the limits of island city. It is well known that during the British times, the limits of the city remained confined to island limits till Mahim. However later in 60s the suburbs were attached to the city. Thus the CS plan is applicable to the city while the CTS is applicable to the suburbs.

Tikka Sheet: The Tikka sheet is the mother of all the city survey plans.

Development Plan Remarks: DP Reservation remarks are the most important and the same will not be possible to be obtained unless there is reference to CTS plan.

Ownership title and area:The application for development permission should accompany the ownership documents such at attested copy or original sale/lease deed/ power of attorney/enabling ownership document wherever applicable, property register card of a date not earlier than twelve months of the date of submission of proposal, and statement of area of the holding by triangulation method from the qualified licensed architect. In case the land is on lease from the government, the No objection certification will be required.

Road Length Remarks: The proposed site of the development must be connected by the roads of appropriate width. It is natural that once the plan for development is approved, there is bound to be multi storied building. There will be necessity of connecting the building with many utilities. There will be vehicular traffic movements including movement of fire brigade vehicles in case of emergency. Therefore the DC Rules stipulates that, there should not be any encroachment on the road. The office of the Executive Engineer Traffic and coordination maintains the records on the width of the road. The record shows if there is any proposal for future widening. The remarks enables the approving authority to decide the front open space from proposed reference point of widening which in other word is also called set back area.

Survey remarks: The Corporation has a department of survey, headed by Assistant Engineer [Survey], on receipt of the proposal for development, he scrutinize the proposal from zoning point of view.