DCR RULES, MAHARASHTRA

                                                                          Maharashtra Regional & Town

                                                                          Planning Act, 1966

                                                                          --------------------------------------

                                                                          •

                                                                          Modification under section 37(2)

                                                                          of the said Act.

                                                                          •

                                                                          Modification to Regulation 33(9) of

                                                              DCR for Gr. Mumbai.

GOVERNMENT OF MAHARASHTRA
Urban Development Department
Mantralaya, Mumbai 400 032

Dated 2nd March, 2009

NOTIFICATION

No.TPB 4307/2346/CR-106/2008/UD-11:

Whereas the Development Control Regulations for Greater Mumbai, 1991 (hereinafter referred to as “the said Regulations”) have been sanctioned by Government in Urban Development Department under section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”) vide Notification No. DCR 1090/UD-II (RDP) dated 20/2/1991, to come into force with effect from 25/3/1991.

And whereas, Regulation 33(9) of the said Regulations deals with the repairs & reconstruction of cessed buildings & Urban Renewal Scheme to be developed by MHADA & Municipal Corporation of Gr. Mumbai, which underwent modification (hereinafter referred to as “the said modified Regulation”) vide Urban Development Departments Notification No. TPB- 4391/1658/CR-188/91/UD-11 dated 25/1/1999 after following the procedure laid down under section 37 of the said Act.

And whereas, Govt. in Housing Department has declared the

“Housing Policy” (hereinafter referred to as “the said policy”).

And whereas, the said policy declared incentivizing redevelopment of old and dilapidated buildings through cluster approach in Urban Renewal Scheme. It was also proposed to encourage development project through joint ventures in which MHADA along with the tenants, landlords and private developers, if necessary will come together for undertaking redevelopment of cluster.

And whereas, Govt. decided to prepare a new set of regulation No. 33(9) by replacing the existing regulation No. 33(9) (hereinafter referred to as “the said proposed modification”).

And whereas, in view of the facts and circumstances mentioned above and in exercise of the powers contained in sub-section (1AA) of section 37 of the said Act, Government had issued the notice of even no. dated 30/6/08 (hereinafter referred to as “the said Notice”) regarding the said proposed modification, for inviting suggestions/objections from any person with respect to the said modification. Thereafter, vide notice of even No. dated 1/8/2008 the period for inviting suggestions/objections was

extended for further period of 30 days from the date of the revised notice.

And whereas, the said notice was published in the Government Gazette (ordinary) dated 17/7/08 & 14/8/08 and in the news paper namely Free Press Journal (English) dated 9/7/2008 & 4/8/2008.

And whereas, as per the said notice Government had appointed Deputy Director of Town Planning Gr. Mumbai as an officer under section 162 of the said act (hereinafter referred to as “the said officer”) to scrutinize any suggestions/objections received and to grant hearing to the persons submitting suggestions/objections including say of the Municipal Corporation of Gr. Mumbai (hereinafter referred to as “the said Corporation”) and to submit his report to the Government regarding the said modification.

And whereas, the said officer has submitted his report vide letter No. DDTP/Br. Mumbai/DCR 33(9)/3618 dated 3/10/08 to the Government (hereinafter referred to as “the said report”). He has recommended to sanction suggestions/objections received from the general public.

And whereas, after consulting Director of Town Planning, Maharashtra State, Government is of opinion that the said modification should be sanctioned with some changes.

Now therefore, in exercise of the powers vested under section 37(2) of the said Act, Government hereby sanction the said modification with certain changes as mentioned below:-

MODIFICATION

A)

Regulation 33(9) of the said regulation is deleted and replaced as per

the Schedule attached herewith.

B)

Fixes the date on which the said modification is published in the official gazette, as the date on which modification shall come into force.

C)

Directs the said Corporation that, in the schedule of Modification sanctioning the said Regulations, after the last entry, the schedule referred to as (A) above shall be added.

By order and in the name of the Governor of Maharashtra.

Sd/-

(Abhiraj Girkar)

Under Secretary to Government