On October 8, 2024, the Urban Development Department of Maharashtra issued a notification under the Maharashtra Regional & Town Planning Act, 1966, sanctioning significant modifications to Regulation 33(24) of the Development Control and Promotion Regulations (DCPR) 2034 for Greater Mumbai. The notification, published in the Gazette on October 9, 2024, declares that these changes come into force immediately upon publication.
Overview of Regulation 33(24)
Regulation 33(24) pertains to the reconstruction or redevelopment of specific categories of tenanted buildings, specifically those under MHADA (Maharashtra Housing and Area Development Authority) constructed under slum clearance schemes and tenanted buildings owned by the Municipal Corporation of Greater Mumbai (MCGM) in Mumbai’s Island City. The recently sanctioned modifications replace the entire text of the existing Regulation 33(24) with new provisions aimed at expediting and simplifying the redevelopment process for such buildings.
Background and Purpose of the Modification
This modification follows discussions in the 2023 monsoon session of the Maharashtra Legislature regarding the redevelopment of old, dilapidated buildings in the Island City. During the session, Maharashtra’s Chief Minister assured the establishment of provisions aligning with Regulation 33(7), which deals with the redevelopment of cessed buildings by cooperative housing societies. Representations were subsequently made, calling for amendments to Regulation 33(24) to facilitate redevelopment in line with these provisions.
🌟 Looking for Landmark Judgments and Orders? 🌟
The Maharashtra Government issued a Notice dated November 3, 2023, under Section 37(1AA) and Section 154 of the MRTP Act, 1966, inviting suggestions and objections regarding the proposed changes to Regulation 33(24). After considering these inputs and consulting with the Director of Town Planning, the Government has now officially sanctioned the changes.
Key Features of the New Regulation 33(24)
The revised Regulation 33(24) addresses the eligibility criteria for redevelopment and includes a new clause 24 in Regulation 33 of the DCPR 2034. This clause outlines the reconstruction or redevelopment process for:
- Tenanted buildings owned by MHADA that were initially built under slum clearance schemes,
- Buildings owned by MCGM in the Island City of Mumbai, and
- Buildings reconstructed by MHADA under Regulation 33(7) of DCR 1991, which were previously cessed buildings but now are categorized as non-cessed post-reconstruction.
This updated regulation aims to enhance safety and living standards by enabling redevelopment of buildings that, though reconstructed by MHADA, have fallen into disrepair over the years.
Implications for Tenants and Developers
With the sanctioning of these changes, tenants and developers can expect a streamlined process for the redevelopment of eligible properties. The revised Regulation 33(24) opens up new redevelopment avenues for tenanted properties owned by MHADA and MCGM in Mumbai’s Island City, aligning with public interest goals. This modification also seeks to address urban housing challenges by enabling the modernization of aging, dilapidated buildings and ensuring safer, more sustainable living conditions for tenants.
The Urban Development Department emphasizes that compliance with the new regulations is mandatory for all relevant redevelopment projects and that the modifications come into effect immediately upon the notification’s publication in the Official Gazette.
