The Maharashtra government has proposed a new framework for regulating the transfer of homes allotted under the Dharavi urban renewal scheme, potentially replacing the existing 10-year restriction on sale, lease and transfer.
The proposal is one of four changes to Regulation 33(9)(A) of the Development Control and Promotion Regulations, 2034, governing redevelopment in the Dharavi Notified Area. The Urban Development Department issued the notice on July 1 under Section 37(1AA) of the Maharashtra Regional and Town Planning Act. The proposal is yet to take effect.
At present, beneficiaries cannot sell, lease, assign or transfer an allotted home for 10 years from the date of possession, except to a legal heir. Any violation can result in the tenement being taken over by the Dharavi Redevelopment Project or the Slum Rehabilitation Authority.
Under the proposed arrangement, transfer restrictions would be governed by the Maharashtra Rent Control Act until a cooperative housing society is formed. Thereafter, the Maharashtra Cooperative Societies Act would govern such transfers.
The draft also proposes allowing the final carpet area of a renewal tenement to vary by up to 5% from the entitled area to facilitate the construction grid.
Two other amendments seek to bring the Dharavi scheme under existing road-width and parking provisions. Buildings up to 120 metres would continue to be served by a 9-metre-wide road, while buildings above 120 metres would require a 13-metre-wide road, subject to a no-objection certificate from the Chief Fire Officer.
Existing parking norms would also apply, with requirements linked to the carpet area of homes. These range from one parking space for every eight homes up to 45 sq m to one space for every home above 90 sq m.
The government has invited objections and suggestions on the proposed changes. The Deputy Director of Town Planning, Greater Mumbai, will examine the submissions and submit a report to the state government before a final decision is taken. The state has said the amendments are aimed at facilitating the effective implementation of the Dharavi redevelopment project in the public interest.
The Maharashtra government has proposed changes to the rules governing the sale, lease and transfer of homes allotted under the Dharavi urban renewal scheme, potentially replacing the existing 10-year restriction on transfers.
The proposal is part of four amendments suggested to Regulation 33(9)(A) of the Development Control and Promotion Regulations (DCPR), 2034, which governs redevelopment in the Dharavi Notified Area. The draft was issued by the Urban Development Department on July 1 under Section 37(1AA) of the Maharashtra Regional and Town Planning Act and has not yet come into force.
Under the existing framework, beneficiaries cannot sell, lease, assign or transfer an allotted home for 10 years from the date of possession, except in favour of a legal heir. Violations can result in the tenement being taken over by the Dharavi Redevelopment Project or the Slum Rehabilitation Authority.
The proposed system would instead regulate transfers under the Maharashtra Rent Control Act until a cooperative housing society is established. Once the society is formed, the provisions of the Maharashtra Cooperative Societies Act would apply.
The government notice invited objections and suggestions on the proposed amendments. The Deputy Director of Town Planning, Greater Mumbai, has been authorised to consider these submissions and forward a report to the state government before a final decision is taken.
Another proposed amendment would allow the final carpet area of a rehabilitation tenement to vary by up to 5% from the entitled area, enabling greater flexibility in building layouts and construction grids.
The draft also seeks to bring the Dharavi redevelopment scheme under existing rules concerning road widths and parking requirements.
Under these provisions, buildings up to 120 metres can be served by a 9-metre-wide road, while structures exceeding 120 metres require a 13-metre-wide road, subject to a no-objection certificate from the Chief Fire Officer.
Parking requirements would also follow existing norms based on apartment size, ranging from one parking space for every eight homes up to 45 sq m to one space for every home above 90 sq m.
The government said the amendments are being proposed in the public interest to facilitate the “effective implementation” of the Dharavi redevelopment project.
Source: The Indian Express
