Procedure for NOC for Repairs with or without reimbursement.

The following procedure should be adopted while submitting the proposals of NOC for repair to cessed building in Island City of Mumbai.

1. The proposal should be submitted in duplicate.
2. While submitting the proposal, the following information should be given.
   • Name of the building.
   • Cess No. of building.
   • Category of building.
   • Type of construction.
   • Name of owner.
   • Number of floors.
   • Built up area.
   • No. of tenant/ occupants ( R ) + ( NR ) = Total
   • Whether the Building requires repairs.
   • If yes please give following details.
   • Phase I /II / III / IV
   • Amount of Administrative Approval.
   • Date of Administrative Approval.
   • Expenditure incurred upto last phase in Rs.
   • Rate / Sq.mtr as per expenditure incurred.
   • Permissible ceiling limit
   • Fund available.
   • Salient features of proposal.
3. Whether the minimum 70% legal Tenants / Occupants have applied for NOC ---- Yes / No
4. Whether the NOC holder/s appointed by tenants / occupants are the legal tenant / occupants / owner of the building?
5. Repair proposed
6. Opinion of Deputy Engineer.
7. Opinion of Executive Engineer
8. While submitting the proposal, Xerox copies of the following documents should be submitted duly certified by Gazetted Officer/ S.E.M or any other authorized person and not by the Architect.
9. Tenants application / NOC holders application.
10. Appointment letter of Architect & NOC holder.
11. Acceptance letter from NOC holders and Architect.
12. Certified list of tenants / occupants in the following proforma.

The list of tenants / occupants is to be checked by concerned Dy. Engineer and the same is to be certified by Executive Engineer. The Deputy Engineer should certify in the following manner.

The list of tenants / occupants verified by me and found correct.

Without the above certification and following documents the proposal will not be entertained.

• Agreement on Rs.100 Stamp paper on mutual understanding between tenants / occupants
• An undertaking on Rs.100/- stamp paper from tenants / occupants accepting the conditions of NOC
• An undertaking on Rs.100/- stamp paper from the NOC holders / Architect to the effect that the repair work will be carried out as per sanctioned plan and no type of unauthorized work will be executed during course of repairs. If any unauthorized work will be carried out during course of repairs, the Architect / NOC holders will be held personally responsible. In such a case, Board’s registration of the Architect and Contractor will be cancelled.
• Plan of proposed repairs to be carried out.
• Latest repair cess bill showing the upto date payment.

Reconstruction of old cessed buildings:

The current permissible ceiling limit for carrying out structural repairs is Rs.2000/- per sq.m. built-up area of the cessed building as per the Maharashtra Govt.’s Ordinance dated 16.09.2008 issued by Housing Department of Government of Maharashtra. If the cost of structural repairs exceeds to Rs.2000/- per sq.mt. and tenants / landlords agree to bear the excess cost of repair, then the building can be undertaken for its repair. If the excess cost is not borne by the tenants/landlord of the building, then the building is declared as being beyond the "Economical Repairs" under Section 88(3)(a) of MHAD Act 1976 and proposed for reconstruction. Under the above circumstances, the building is declared under Section  88(3)(a) by Board and examined with the possibility of combined "Draft Scheme" under section 88(3)(b) considering the other buildings situated in the same premises.

If the proposal is found technically viable, then the building is acquired and undertaken for reconstruction under Development Control Regulation 33(9) of Mumbai. Under these circumstances the tenants of the building are temporarily shifted to Board's transit camp tenements and rehoused when the new building is ready for occupation as per usual procedure of MHADA.

As per the present policy of MHADA, the tenants are allotted atleast the tenements having 225 sq.ft. carpet area or area occupied by tenants in the old building. Maximum area allowed is 753 sq.ft. carpet area. As regards the non-residential tenements in the building, they are allotted area that was occupied by them in the original building. At present 4.00 FSI is being used for reconstruction of new building.

In case if a building cannot be reconstructed due to DC Rule/ Reservations or any other reason, the tenants of the respective building who are staying in transit camp or elsewhere are taken on the "Master List" being maintained by M.B.R.&R.Board. They are considered for allotment of tenement in new constructed building when additional / surplus tenements are available in any other schemes being executed by M.B.R.& R.Board or under DCR 33(7) through private Developer.

Redevelopment of cessed building through private developer

As the pace of reconstruction of cessed buildings by MBRRB was found to be not sufficient so as to cover the entire cessed buildings in the Island City of Mumbai, it was felt by the Govt. that the pace of redevelopment could be increased with the involvement of tenants/landlords/private developers.

With this in view, the State Govt. introduced the policy of giving FSI 2.00 for redevelopment of cessed buildings in the year 1984. In the year 1991, the Govt framed the Development Control Regulations for Mumbai. Under these Regulations, the Rule no. 33(7) was formed for redevelopment of cessed buildings in the Island City of Mumbai and the provisions of the policy of 1984 were incorporated in it.

However, there was no encouraging response to this scheme from the tenants/landlords. Hence, the Govt. formed a Committee under the Chairmanship of Shri Sukhtankar to overview the implementation of the scheme. On the submission of the Report of the Sukhtankar Committee, the Govt. in the year 1999 amended the Development Control Regulation 33(7). The brief highlights of the amended Development Control Regulation 33(7) are as follows:

1. In case of redevelopment of 'A' category cessed buildings (constructed before 1940) undertaken by the landlord or Cooperative Housing societies of landlord or occupiers, the total FSI shall be 2.5 of the gross plot area, or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher. Under the new policy the developer is assured of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on the same plot, reducing social dislocation.
2. Self contained flats of minimum 225 sq.ft. and maximum 753 sq.ft. carpet area are given to the old residential tenants/occupants. Shopkeepers are given an area equivalent to their old area.
3. In case of 'B' category cessed buildings permissible FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI.
4. As per the permissible FSI, stated above, will depend upon the number of occupiers and the actual area occupied by them, no new tenancy created after 13.06.1996 shall be taken into account, while computing the permissible FSI. Similarly, tenants in unauthorized constructions made in the cessed buildings shall not be taken into account while computing permissible FSI, i.e. the total no. of tenants/occupants should not increase after 13.06.1996. The responsibility for rehousing such tenants whose tenancy may have been created after 13.06.96 or who stay in unauthorized construction will lie solely with the NOC holder.
5. Though some buildings may belong to 'C' category (may not belong to 'A' or B' categories), they may be so dilapidated and dangerous that their reconstruction is most urgently necessary to this end, the Government has granted additional incentive FSI as per Point No.1 above for redevelopment of buildings of any category declared as dangerous, prior to monsoon of 1997.
6. A large number of old properties can be better developed by clubbing them together instead of developing each property separately. This leads to lesser congestion and better infrastructure such as internal roads, open spaces, etc. To encourage the composite redevelopment of several cessed properties together, the Government has granted additional incentive FSI for composite redevelopment.

The additional incentives in FSI for joint redevelopment of A, B or C category cessed buildings on two or more plots are as follows:

In some cases, it may not be possible to utilize the entire permissible FSI on the same plot, because of height restrictions, fire-safety regulations, etc. In such cases, the NOC holder is entitled to avail the benefit of “Transferable Development Rights” (TDR), to be used in the suburbs or extended suburbs in accordance with the relevant regulations of DCR 1991, for Greater Mumbai. This provision ensures that the scheme remains feasible even where the incentive FSI cannot be fully utilized on the same plot. In case of Heritage buildings in Grade III and precincts, no permission of the Municipal Commissioner or Heritage Conservation Committee is now necessary, if the height of the buildings does not exceed 24 meters (excluding stilt). All these modifications and incentives mentioned in Government gazette notification dated 25.01.1999 will not be applicable to the areas which are affected by the Coastal Regulation Zone (CRZ) notification issued by Ministry of Environment and Forest, Government of India vide notification dated 19th February 1991, and orders issued from time to time. The surplus Built-up area is to be surrendered to M.B.R & R. Board as per Schedule -III of MHADA Act 1976.

Note: As per Govt. G.R. dt. 2-3-2009, minimum carpet area admissible is 300 sq. ft. in lieu of 225 sq. ft

Executive Engineer,
[Transit Camp Division],
M. B. R & R. Board, Mumbai.