GOVERNMENT OF MAHARASHTRA Urban Development department, Mantralaya, Mumbai Date: 19 th March,2012 NOTICE

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1 Maharashtra Regional and Town planning Act, 1966 Notice under Section 37 (1) of the Said Act, Proposed modification to Regulation 33 (24) of DCR 1991 for Gr. Mumbai GOVERNMENT OF MAHARASHTRA Urban Development department, Mantralaya, Mumbai Date: 19 th March,2012 NOTICE No. TPB 4310/948/CR-289/2010/UD-11 Whereas the Development Control Regulations for Greater Mumbai, 1991(hereinafter referenced to as the said Regulations ) have been sanctioned by the Government in the Urban Development Department, Under section 31(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referenced to as the said act ) vide Notification No. DCR 1090/RDP/UD-11, date the 21 th February, 1991 to come into force with effect from the 25 th March, And whereas, the said Regulation takes into consideration the two types of Parking (1) parking to be provided with structures under development as per Regulation No. 36 and (2) Public parking to be developed on Parking Lots/ Car Parking reservation as per Regulation No.9 (Table 4). And whereas, as per proposal submitted by Municipal Corporation of Greater Mumbai (hereinafter referenced to as the said Corporation) regarding Development of Public Parking Lot by Private Owner Developers, under section 37(1) of the said Act, the Government of Maharashtra in the Urban Development has incorporated New Regulation no. 33(24) under section 37(2) of the said Act, in the said regulation vide Notification No. TPB-4305/2736/CR- 338/05/UD-11, dated 20/10/2008. And Whereas, the Municipal Commissioner of the said corporation has submitted a proposal vide letter dated the 29/4/2011 to issue general circular under clause (iv) of New Regulation no. 33(24) which empowers the Municipal Commissioner to prescribe conditions while approving development under the Regulation no. 33(24).

2 And Whereas, the Government of Maharashtra in the Urban Development has approved the proposal of the Municipal Commissioner of the said Corporation vide letter dated the 18/5/2011 and accordingly the Municipal Commissioner of the said Corporation has issued circular dated the 22/6/2011 in this regard. And Whereas, the Municipal Commissioner of the said corporation vide letter dated the and the submitted a proposal that the policy circular stipulating the various condition as per clause (iv) of Regulation No. 33(24) for effective implementation of the circular it would be desirable to incorporate the condition in the regulatory provisions to make them more explicit, and requested the State Government that the amendments in Rule No.33(24) are required to be implemented expeditiously and is necessary in the overall public interest. And Whereas, the State Government is satisfied that in the public interest it is necessary to carry out urgently a modification to Regulation no. 33(24) mentioned below (hereinafter referenced to as the said proposed modification ). Now therefore, a draft of modification, which the State government proposes to make in exercise of the power conferred by sub-section (1AA) of section 37 of the said Act; and of all other power enabling it in this behalf, is hereby published as required by clause (a) of subsection (1AA) of section 37, for information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration by the Government of Maharashtra after the expiry of one month from the date of publication of this notice in the Maharashtra Government Gazette. The Government is pleased to inform that any objections/ suggestion upon the said proposed modification be forwarded before the expiry of one month from the date of publication of this notice in the Maharashtra Government Gazette to the Deputy Director of Town Planning. Greater Mumbai having the office at ENSA Hutment, E-Block, Azad Maidan, Mahapalika Marg, Mumbai Any objection or suggestion, which may be received b the Deputy Director of Town Planning, Greater Mumbai within the said period will be dealt with in accordance with the provision of the said subsection(1aa). Proposed modification to D.C. Regulation No. 33(24) Substitute Clause vii by following : (vii) The permission additional FSI on built up parking area shall be 50%. The total permissible FSI shall be 4.00 in Island City and 3.00 in Suburbs/Extended Suburbs. Add following clauses after clause (vii)

3 (viii) (ix) Public Parking height be limited to Ground to 4 and tree basements. The developers of the Public Parking Lot (PPL) shall pay premium as per following formula Premium=40% of (Values as per Residential Ready Reckoner Rate for additional incentive built up area due to application of D.C.R. 33(24). (Cost of construction of PPL + cost of any extra facilities provided + cost of construction of incentive F.S.I ). The cost of construction of PPL including amenities/ facilities and cost of construction of incentive F.S.I. for the current year for calculating premium as above, are to be taken as Rs /- and Rs /- per Sq. Mtr. respectively. The modified construction costs shall be notified by the Municipal Commissioner of Municipal Corporation of Greater Mumbai every year in April, based on average increase in Material Price Index (70% weight age) of RBI and Labour Index (CPI) (30% weight age) during previous financial year over the year proceeding that. The premium shall be paid in two stages, 50% at the time of issuing I.O.D. and 50% before issuing C.C. for incentive F.S.I. as per D.C. Regn. 33(24). The year in which 50% payment is made before I.O.D., will be taken the year for determination of construction cast as well as SDRR for calculation of the premium. Out of the total premium payable, 50% shall be paid to the State Government. (x) The maximum cap of built up area parking space shall be sq. mts for LMV s sq. mt. for LCV s and sq. mt. for HMV s/ Buses. The incentive F.S.I. shall be calculated as per above standard built up area or actual whichever is less, per parking space. All the development which have been given permission as per the DC Regulations of October 20, 2008, expect those which have progressed substantially, will have to follow the regime of the amended 33(24) and will have to pay the premium of 50% what they would otherwise have to pay as per the new regime. By order and in the name of the Governor of Maharashtra. (Rajendra Habde) Under Secretary to Government

4 Specifications for Elements of Public Parking Lot (PPL) As Approved by the Committee in the 35 th Meeting of the Committee under D.C.R. 33(24) Held on 6 th July Two Wheelers-(Bike/Scooter): Size of Parking slot m x 1.2 m LMV(Car): Size of Parking slot- a) 2.5m x 5.5m b) 2.3m x 4.5m (Preferably, the size of all parking to be 2.5 x 5.5. m. but in any case at least 50% to be Of size 2.5 x 5.5 m.) Floor Height m (blow beam bottom) Drive ways Ramp m one way and 6 m two way m one way and 7.5 m two way Internal turning radius for ramps- 3.0 m Slope of ramp - 1 in 10. Distance between two linear parking spaces- 1.0 m. LCV/Mini Bus: Size of Parking slot - Floor Height 3.5 m x 7.5 m m (blow beam bottom) Drive ways m one way and 9 m two way

5 Ramp m one way and 9.0 m two way Internal turning radius for ramps- 6.0 m Slop of ramp - 1 in 12. HMV/ Big Bus: Size of Parking slot - Floor Height 3.75 m x 12 m m (blow beam bottom) Drive ways - 9 m one way with 30 to 45 degree angular parking only m two way Ramp - 9 m one way and 12.0 m two way (9.0m two way straight ramp with adequate connecting driveways may be allowed) Internal turning radius for ramps m Slope of ramp - 1 in 12. Car lifts :- - May be allowed where area is very crowded like market, station etc. and PPL is accommodating less than 200 LMVs. - Minimum three car lifts or 2 car lifts as well as one way ramp shall be provided. - Sufficient holding area shall be provided. The maximum cap of built up area per parking space : LMV- 50 sq.mt. LCV/Mini Buses- 65 sq.mt. and HMVs/Big Buses- 120 sq. mtr. Three Two wheelers equivalent to one LMV= 50 sq. mt. The incentive FSI shall be calculated as per above standard built up area or actual whichever is Less per parking spaces. Notes:- a) in the cases of earlier approved PPLs where the construction work is done. The above norms may be suitably modified considering the Technical feasibility with the approval of the Committee.

6 b) In the cases of earlier approved PPL proposals where construction work is not started, modifications of PPLs as per above norms with the sanction of MC may be allowed.