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MUNICIPAL CORPORATION OF GREATER MUMBAI

MUNICIPAL CORPORATION OF GREATER MUMBAI . of 1-11-2012. CHE/DP/22. 2012-13. CIRCULAR. Sub:- Policy guidelines for expeditious removal of built up setbacks while approving development of plots affected by road widening. The lands affected by sanctioned regular line prescribed under Act are acquired by MCGM. either under section 299 of Act and/or by way of granting of benefit of FSI/TDR as provided under section 126(1)(b) of Act or by resorting to relevant sections of Act & Act, read with Act in lieu of monetary compensation. In cases where the lands affected by Sanctioned are open & vacant, the acquisition of these lands can be undertaken under provision of Section 299 of Act, which inherently provides for vesting of the land with within .the period stipulated therein subject to payment of compensation as provided under the Act. This procedure being simple & straight forward, the same should be resorted to by Asstt.

MUNICIPAL CORPORATION OF GREATER MUMBAI No.CHE/24145/DP/Gen. of 1-11-2012 CHE/DP/22 2012-13 CIRCULAR Sub:- Policy guidelines for expeditious removal of built up setbacks while approving development of plots affected by road widening.

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Transcription of MUNICIPAL CORPORATION OF GREATER MUMBAI

1 MUNICIPAL CORPORATION OF GREATER MUMBAI . of 1-11-2012. CHE/DP/22. 2012-13. CIRCULAR. Sub:- Policy guidelines for expeditious removal of built up setbacks while approving development of plots affected by road widening. The lands affected by sanctioned regular line prescribed under Act are acquired by MCGM. either under section 299 of Act and/or by way of granting of benefit of FSI/TDR as provided under section 126(1)(b) of Act or by resorting to relevant sections of Act & Act, read with Act in lieu of monetary compensation. In cases where the lands affected by Sanctioned are open & vacant, the acquisition of these lands can be undertaken under provision of Section 299 of Act, which inherently provides for vesting of the land with within .the period stipulated therein subject to payment of compensation as provided under the Act. This procedure being simple & straight forward, the same should be resorted to by Asstt.

2 Commissioner of all wards wherever possible. In case of lands affected by sanctioned or Road & which are comprising of built up setbacks, it will be necessary to examine such cases based on the available options. The option that will be most beneficial to MCGM and at the same time ensure expeditious removal of the built up setback needs to be adopted. The option that needs to be examined on priority, in such cases of built up setback, is by way of acquiring the land in lieu of FSI/TDR. In most cases, the owner/ developer of the plot affected by built up setback come forward for development of their plot and submit proposals to Bldg. Proposal deptt. which interalia envisage handing over of the land free from all encumbrances in lieu of FSI/TDR. While approving the plan, the benefit of setback area is claimed by the developer and the built up structure falling on the setback area is shown as "proposed to be demolished" within the approved plans.

3 However, it has become a practice of the developer to claim the benefit of setback area at the last stage of development of his entire layout, thereby delaying the clearance of the built up setback area & widening of the road. In order to ensure expeditious clearance of such built up setbacks, there is a need to impose a condition on the developer to eueear the built up setback and hand over vacant setback area to MCGM. In the process, if the owner/developer is required to rehabilitate or accommodate the occupants/ tenants of such structures affecting the setback area suitably within his layout then this activity shall be taken up by the owner/ developer on priority so that the structures are vacated & demolished & vacant setback land hand over to M, ,M. at an early date. With a view to ensure expeditious handing over of built up setback, it would be necessary to stipulate a condition in the IOD that the removal and handing over of the built up setback shall be completed before completion of 50% of the development work.

4 For that purpose, it shall be ensured by Bldg. Proposal Deptt. that beyond 50% of the permissible built up area shall be granted only after compliance of the above. It needs to be mentioned that a similar stand has been taken in respect of handing over of reservation/amenities within the layout. This stand will stem any attempt by the owner/ developer to postpone the work of clearing the built up setback thereby delaying the process of road widening. For all the old cases where built up setbacks have not yet been cleared and the owner/developer has failed to comply with the above, all further approvals shall be stopped forthwith till the setback is cleared. Action in this respect be got expedited by the respective Bldg. Proposal Section. Similarly, Bldg. Proposal Section shall also arrange to co-ordinate with all concerned to immediately take over all open setbacks for which FSI has been granteeo /claimed.

5 All the staff of Bldg. Proposal & Deptt. shall take note of the above instructions & follow the following procedure scrupulously. (a) Cases where is not granted beyond 50% of permissible built up area (excluding TDR): In such case, handing over of the road setback /DP road in the layout free of encumbrances shall be insisted before granting further beyond 50% of the permissible built up area (excluding TDR) or within a period of one year from the date of issue of first in the holding whichever is earlier and ownership of the same shall be transferred in the name of MCGM before granting beyond 75% of permissible built up area (excluding TDR). (b) Cases where is granted beyond 50% but full is not granted and occupation (whether full or part) is not granted In such cases, handing over of the road setback/DP road in the layout free of encumbrances and transferring the ownership in the name of MCGM shall be insisted immediately, failing which no further or approvals in the layout building shall be granted.

6 (c) Cases where full has been granted or occupation (whether full or part) has been granted In such cases, letter shall be issued to the Developers/architects to hand over the vacant road setback /DP road in the layout/ building free of encumbrances and transfer the ownership in the name of MCGM within 30 days of issue of the letter. If the owner /. Developer fails to hand over the vacant road setback/DP road, a show cause notice giving 21 days time period stating why the approval granted shall not be revoked (giving reference to the original condition in this regard) shall be issued. In case the owner/Developer fails to comply with the above requirement within the show cause notice period, the approval shall be revoked and further necessary action shall be taken in accordance with the provisions of Law. In all the above cases, the owners/developers are required to follow due process till the transferring of the land in the name of MCGM.

7 The above policy must be strictly adhered to by the concerned staff. Sd/- Sd/- Sd/- ( ) ( ). MUNICIPAL Commissioner. _____.


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