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 Act was 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 is chawl. 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 the Kerkar 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
A
B
C
Total

Year of construction
Before 01.09.1940
Between 01.09.1940 to 31.12.50
Between 01.01.1951 to 30.09.1969

No of buildings.
16502 Nos.
1489 Nos.
1651 Nos.
19642 Nos.

With a view to find out permanent solutions to the old buildings, the Sukthankar
Committee was 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 plot so often and 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
authorities.

and

delays

in

approvals

from

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 Shiwadi
Cluster 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/CR106/2008/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 Coordinate 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.
SERVICES
Slum 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 nonagricultural. 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.