Redevelopment in CRZ eased

map_mumbaiBy Accommodation Times News Services

Due to various restrictions, provisions and guidelines prescribed in the Notification dated 19-02-1991 of Ministry of Environment & Forest, Govt. of India, & modifications thereof from time-to-time, the development and redevelopment of cessed buildings in Island City as well as projects of rehabilitation of large pockets of declared Slums were badly affected and remained non-viable for over last 20 years.
The main reason was the restriction of F.S.I. 2.00 for redevelopment of cessed and dilapidated buildings in Mumbai city limit in CRZ where existing F.S.I. consumed is 1.33 or more. Naturally such proposals and projects in large numbers became financially non-viable, hence such buildings, slums & occupants therein left high and dry where loss of life and property was eminent, specially in case of dilapidated buildings and so was the case of Slum Rehabilitation Schemes affected by CRZ.

In last two decades, representations from various Agencies, NGO’s, Associations & State Govt. were made to the Govt. of India requesting for suitable modifications to make redevelopment of buildings / projects in CRZ viable at par with remaining area of Gr. Mumbai on the grounds of equity. Ultimately the long time struggle and efforts put on has paid the dividends. The Govt. of India recently modified the CRZ provisions specially for Gr. Mumbai, thus making different types of redevelopment schemes in CRZ viable in all respects. Before going through the said modifications it is felt necessary that a reader also should have fundamental knowledge of the provisions of Coastal Regulation Zone (CRZ), which are in short explained below :-

COASTAL REGULATION ZONE (CRZ) :-
The Development permission within the ambit of Coastal Regulation Zone (CRZ) of Greater Mumbai is governed by the contents, regulations and guidelines mentioned in the Notification issued by the Ministry of Environment and Forest, Govt. of India dt. 19-02-1991, and as modified from time to time till this date. The CRZ is classified in 4 different Zones. The respective zones & permissible development according to said Notification is as under :-

i) CRZ-I :
This is the area between Low Tide Line (LTL) & High Tide Line (HTL), which is ecologically sensitive wherein the geomorphological features play prime role in maintaining the integrity of the Coast.

Permissible Development :-
No new Construction is permitted in CRZ-I, except the projects related to national importance (i.e. Atomic Energy etc.) and other essential national infrastructural services.

ii) CRZ-II :
This is the area which have been developed upto or close to the shore line. The “Developed Area” is referred to as that area within the existing municipal limits or in other existing legally designated urban areas which are substantially built-up and has been provided with drainage, roads, water supply and such infrastructural facilities.

 

Permissible development :-
a) In this zone the buildings are permitted only on landward side of the existing roads, and or on the landward side of existing authorised structures.

b) New buildings shall be permitted subject to the existing local Town and Country Planning rules & regulations including norms of Floor Space Index (FSI) or Floor Area Ratio (FAR).

c) Reconstruction / Re-development of authorised building is permitted subject to the existing Floor Space Index (FSI) or Floor Area Ratio (FAR) norms, without any change in the present uses.

iii) CRZ-III : This is split-up in two Sub-categories, i.e.

a) Areas between 100 Mtrs & 200 Mtrs from HTL :-
The area upto 200 Mtrs from High Tide Line (HTL) on the landward side in case of seafront, and 100 Mtrs along tidal influenced water bodies or width of creek which ever is less, is to be earmarked as “No Development Zone” (NDZ).

Permissible development :-
Specific and restricted activities are permitted within this zone as specified in the said Notification and modifications thereof from time to time.

b) Areas between 200 Mtrs to 500 Mtrs. from HTL :-
Specific and restricted activities are permitted within this zone as specified in the said Notification and modifications thereof from time to time.

iv) CRZ-IV : In this zone only the activities impugning on the sea and tidal influenced water bodies will be regulated except for traditional fishing and related activities undertaken by the local communities.

SPECIAL CONSIDERATIONS IN CRZ-II FOR GR. MUMBAI Special considerations are given for Development and Re-development projects in Greater Mumbai and Slum Rehabilitation Schemes, as per the new Notification issued by the Ministry of Environment & Forests, Govt. of India published in the Gazette of India dt. 06-01-2011. The modified provisions made in respect to development and redevelopment of cessed buildings and SRS Schemes in CRZ-II, the special considerations mentioned in said Notification, dt. 06-01-2011, and guidelines issued thereof in short are stated below.
In CRZ-II areas :- The development or redevelopment shall continue to be undertaken in accordance with the norms laid down in the Town and Country Planning Regulations as they existed on the date of issue of the notification dated the 19th February, 1991, unless specified otherwise in this notification appearing hereafter:-

SLUM REHABITATION SCHEMES IN CRZ:-
1. In the Greater Mumbai area, there are large slum clusters wherein lakhs of families are residing therein. The living conditions in these slums are deplorable and the civic agencies are not able to provide basic infrastructure such as drinking water, electricity, roads, drainage and the like, because the slums come up in an unplanned and congested manner. The slums in the coastal area are at great risk in the event of cyclones, storm surges or tsunamis, in view of the difficulties in providing rescue, relief and evacuation operations thereof.

2. To provide a safe and decent dwelling units to the slum dwellers, the State Government is directed to implement slum redevelopment schemes as identified as on the date of issue of this Notification directly or through its parastatal agencies like
Maharashtra Housing and Area Development Authority (MHADA), Shivshahi Punarvasan Prakalp Limited (SPPL), Mumbai Metropolitan Region Development Authority (MMRDA) and the like :-

Provided that,-
(i) Such redevelopment schemes shall be undertaken directly or through joint ventures or through public private partnerships or other similar models ensuring that the stake of the State Government or its parastatal entities shall not be less than 51%.
(ii) The Floor Space Index (FSI) or Floor Area Ratio (FAR) for such redevelopment schemes shall be in accordance with the Town and Country Planning Regulations prevailing as on the date, on which the project approval is granted by the competent authority.
(iii) It shall be the duty of the project proponent undertaking the redevelopment through conditions (i) & (ii) above along with the State Government, to ensure that all legally regularized tenants are provided houses in situ or as per norms laid down by the State Government in this regard.

REDEVELOPMENT OF DILAPIDATED, CESSED AND
UNSAFE BUILDINGS IN CRZ
1. In the Greater Mumbai, there are, also a large number of old and dilapidated, cessed and unsafe buildings in the CRZ areas, and due to their age these structures are extremely vulnerable and disaster prone and therefore there is an urgent need for the redevelopment or reconstruction of these identified buildings.
2. These projects shall be taken up subject to the following conditions and safeguards:-
(i) Such redevelopment or reconstruction projects as identified on the date of issue of this notification, shall be allowed to be taken up involving the owners of these buildings either above or with private developers in accordance with the prevailing regulations, directly or through joint ventures or through other similar models.
(ii) The Floor Space Index or Floor Area Ratio for such redevelopment schemes shall be in accordance with the Town and Country Planning Regulations prevailing as on the date on which the project approval is granted by the competent authority
(iii) Suitable accommodation to the original tenants of the specified buildings shall be ensured during the course of redevelopment or reconstruction of the buildings by the project proponents, undertaking the redevelopment authority to condition No. 2(i) above.

Imp :-
Notwithstanding anything contained in this notification, the developmental activities for slums and for dilapidated, cessed and unsafe buildings as specified above shall be carried out in an accountable and transparent manner by the project proponents mentioned therein which shall include the pre-condition measures, wherever applicable, as specified in the said Notification.

Note: At present permissible Floor Space Index (F.S.I.) for redevelopment of dilapidated, unsafe, and cessed buildings in City Limits, and for Slum Rehabilitation Schemes is 2.5.





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