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Development Control Rule No. 33(7) and 33(9) – as original and modified
| Rule No. | Old with date of modification and Notification No. | New with date of modification and notification no. |
| 33(7) | [Reconstruction or redevelopment by Co-operative Housing Societies or of oldbuildings belonging to the Corporation.- For reconstruction redevelopment to beundertaken by co-operative housing societies in respect of cessed properties located inthe Island City which attract the provisions of Maharashtra Housing and Area
Development Act, 1976 or by Co-operative Housing Societies of landlord and occupiers of a cessed building of A category subject to the provisions of the said Act and for reconstruction/redevelopment of buildings of the Corporation constructed before 1940. The floor space index shall be 2.00 or the consumed floor space index of the existing old building whichever is more. The F.S.I. will be subject to the Regulations, in Appendix III so far as construction or redevelopment by such Co-operative Housing Societies is concerned.](7) [ ](7) – This clause is deleted vide Government Notification u/s. 37(2) of MR&TP Act 1966 under No. FSI-1192/2896/CR-326/UD-11 Dt. 07.02.1994 [(7) Reconstruction or Redevelopment by Co-operative Housing Societies or of old buildings belonging to the corporation:- For reconstruction / redevelopment to be undertaken by the co-operative housing societies in respect of cessed properties located in the Island City which attract the provisions of the Maharashtra Housing and Area Development Authority Act, 1976 or by co-operative societies of landlords and occupiers of a cessed building subject to the provisions of the said Act and for reconstruction / redevelopment of buildings of the Corporation constructed before 1940, the floor space index shall be 2.00 on gross plot area or the consumed floor space index that is the total built up area of the existing old building whichever is more. This floor space index will be subject to the Regulations in Appendix III so far as construction or redevelopment by such co-operative societies is concerned.](8) [ ] (8) – This clause is added vide Government Notification u/s. 37(2) of MR&TP Act 1966 under No. FSI-1192/2896/CR-326/UD-11 Dt. 07.02.1994. This clause is further replaced by subsequent modification as mentioned vide [ ](9 |
[(7) Reconstruction or redevelopment of cessed buildings in the Island City by CooperativeHousing Societies or of old buildings belonging to the Corporation – Forreconstruction/ redevelopment to be undertaken by Co-operative HousingSocieties of existing tenants or by Co-operative Housing Societies of Landlords
and/or Occupiers of a cessed building of ‘A’ category in Island City, which attracts the provisions of MHADA Act 1976, and for reconstruction/ redevelopment of the buildings of the Corporation constructed prior to 1940, the floor space index shall be 2.5 on the gross plot area or the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III, whichever is more: Provided, however that with the previous approval of the Government, MHADA/ Corporation shall be eligible to get additional incentive FSI over otherwise permissible FSI as specified in Annexure III of these Regulations: Provided further that in cases of composite redevelopment scheme for plot having ‘A’ category as also ‘B’ category cessed building the above FSI shall be available: Provided further that in cases of reconstruction / redevelopment of buildings which have been declared as unsafe by the BHAD Board prior to monsoon of 1997, the above FSI will be available irrespective of category of cessed building. Provided further, that reconstruction / redevelopment undertaken by proposed Cooperative Housing Societies of Landlords and / or Occupiers of cessed building of ‘B’ category, and where composite development is undertaken by different owners of 5 or more plots the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III will be available. Note : – All Regulations / modifications mentioned above shall not be applicable to the areas which are affected by Coastal Regulations Zone Notification issued by Ministry of Environment and Forest, Government of India vide Notification dated 19 February 1991 and orders issued from time to time. ](9) [ ](9)— This clause was added vide Government Notification No. TPB 4391/1681/CR- 188/91/UD-11 Dt. 25.01.99 [ 33(7) Reconstruction or redevelopment of cessed buildings in the Island City by Cooperative Housing Societies or of old buildings belonging to the Corporation or of old buildings belonging to the Police Department. “For reconstruction/redevelopment to be under taken by Cooperative Housing Societies of existing tenants or by Co-op. Housing Societies of landlords and/or occupiers of a cessed buildings of ‘A’ category in Island City, which attracts the provisions of MHADA Act, 1976 and for reconstruction/redevelopment of the buildings of Corporation and Department of Police, Police Housing Corporation, Jail and Home Guard of Government of Maharashtra, constructed prior to 1940, the Floor Space Index shall be 2.5 on the gross plot area or the FSI required for rehabilitation of existing tenants plus incentive FSI as specified in Appendix-III whichever is more. Note:- The development of land for Department of Police, Police Housing Corporation, Jail and Home Guard of Government of Maharashtra shall be permitted by the Commissioner after due approval of the committee mentioned in Note-3 below regulation 33(3)(A).](26) (26) This new clause was added in Regulations no. 33(7) vide sanction under section 37(2), from UDD in state Govt. under No. TPB 4303/500/CR-61/2003/UD- 11:Dated 27th February, 2004 by deleting the first para of Existing Regulation 33(7) |
| 33 (9) | [Repairs and reconstruction of cessed buildings and Urban Renewal Scheme.- Forrepairs and reconstruction of cessed buildings and Urban Renewal Schemesundertaken by the Maharashtra Housing and Area Development Authority or theMumbai Housing and Area Development Board or the Corporation in the Island City
the F.S.I. shall be 2.4 times that permissible under these Regulations.](11) (11) Existing proviso in 33 (9) is deleted vide Government Notification No. TPB 4391/1681/CR-188/91/UD-11 Dt. 25.01.99 |
[(9) Repairs and reconstruction of cessed buildings and Urban Renewal Scheme: Forrepairs & reconstruction of cessed buildings and Urban Renewal Scheme undertakenby the Maharashtra Housing and Area Development Authority or the Mumbai Housingand area Development Board or Corporation in the Island City, the FSI shall be 4.00 or
the FSI required for rehabilitation of existing tenants / occupiers, whichever is more. Note : – All Regulations / modifications mentioned above shall not be applicable to the areas which are affected by Coastal Regulations Zone Notification issued by Ministry of Environment and Forest, Government of India vide Notification dated 19 February 1991 and orders issued from time to time. ](28) ] (28) These words are added vide Government Notification No. TPB 4391/1681/CR- 188/91/UD-11 Dt. 25.01.99 |