Proposed provisions to be incorporated in DCR

By Accommodation Times (www.accommodationtimes.com)

The housing policy of the Maharashtra State was declared in July2007 to facilitate affordable housing in Urban and rural areas. The policy provides for inclusionary zoning provisions for Low Income Group (LIG) housing in private layouts.
The Govt. felt it mandatory to provide certain percentage of tenements/plots for Economically Weaker Section (EWS) and Lower Income Group (LIG) in the layout/sub-division of private land.
In July2008 Urban Development Department has directed to all the Municipal Councils to amend their sanctioned Development Control Regulations to include new regulations as specified in the vide order under section 37(1) of the mentioned Act.
Whereas, Housing Department, Govt. in Urban Development vide revised order of even number in Sept 2010 has directed to all the Municipals Councils to initiate modification to their sanctioned Development Control Regulations to include new regulation as specified in the order under section 37(1) of the mentioned Act, and it has brought into effect forthwith under section 154 of the said Act. However, According to the order passed by the Bombay High Court in March 201 it restricts the effect of Govt. order dated Sept2010, though pending sanction to proposed modification by Govt. under section 37(2) of the said Act.
The inclusive Housing was an optional reform under the Reform Agenda of Jawaharlal Nehru National Urban Renewal Mission (JNNURM). It is a mandatory condition under the Rajiv Awas Yojana, the purpose of such conditions is to make available affordable housing stock for EWS/LIG in large number in the State and ensure that such affordable housing coexists with housing for high end customers.
Schedule A
The provisions of inclusive housing proposed to be incorporated in the Development Control Regulations of Municipal Councils at appropriate place are as follows:
1.For the sub-division of the land admeasuring 200sq mt and more, minimum 20% area shall be provided in the form of 30 to 50sq mt. developed plots of EWS/LIG (affordable plot).

2.For the layout of the land, admeasuring 2000sq mt. and more, minimum 20% of the built up area shall be provided for EWS/LIG housing (27.88 to 45 sq mt) (affordable tenements).

3.The following conditions shall be applicable.

i)The developer shall sell the affordable tenements to MHADA on priority in lieu of the cost of constructions of such tenements. The FSI of such affordable tenements may be allowed to be utilized in the same layout over and above the maximum permissible FSI limits including TDR loading. If MHADA declines to purchase the affordable tenements within a reasonable time of three months, he can sell the affordable tenements in the open market, in such case additional FSI of affordable tenements shall not be eligible.

ii)The developer shall sell the affordable plots to MHADA in lieu of equivalent FSI to be utilized in the remaining plots. If MHADA declines to purchase the same within a reasonable time of three months, he can sell the affordable plots in the open market, in such case additional FSI of affordable plots shall not be eligible.

iii)MHADA may designate any other public authority for the purpose of procuring the affordable tenements/ affordable plots as mentioned in 3(i) & 3(ii) above.

iv)Amalgamation of affordable plots/ affordable plots as mentioned shall not be allowed.

4.The existing provisions in Development Control Rules, if any, in respect of development of reservations for EWS/LIG Housing, as per concept of accommodation of reservation policy are proposed to be deleted accordingly.

5.The directives given by the state government vide order of even number dated the 17/07/2008 and 15/09/2010 are hereby cancelled and modified provisions, if any, sanctioned under 37(2) of the said Act, in respect of these directives in Development Control Rules are also proposed to be deleted accordingly.





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