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Clause No. 14.7.8
Rehabilitation and Free-Sale Component
i) FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI for the rehab component, and for the free-sale component. The ratio between the two components shall be as laid down herein below.
ii) “Built up area (BUA) for rehabilitation component shall mean total construction area of rehabilitation component, excluding what is set down in Regulation 14.7.9 (vi) of these Regulations, but including areas under staircases, passages, anganwadi, health center / outpost, community hall /gymnasium / fitness center, skill development center, women entrepreneurship center, yuva kendra/ library, Balwadi/s society office, religious structures as permitted under Government Home Department Resolution dt.05/05/2011 and 18/11/2015, other social infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, 5 percent incentive commercial areas for the Cooperative society, and the further 5 percent incentive commercial area for the NGO, Govt./Public Authority/Govt. Company wherever eligible.”
iii) “The incentive FSI/BUA shall depend on size of the scheme and rate of developed land and rate of construction as per ASR of year in which LOI is sanctioned”
iv) FSI that can be sanctioned on any slum site shall be 3.00 or sum of rehabilitation FSI plus incentive FSI whichever is more with a Minimum Tenement Density of 500 per Net Hectare. CEO, SRA may insist for tenements for project affected persons or other purposes. In such cases, minimum tenement density may exceed 650 tenements per net hectare. The computation of FSI shall be done for both rehab and free-sale components in the normal manner, that is giving the benefit of what is set down in Regulation No. 14.7.9 (vi). While the areas referred in sub Regulations No.14.7.11 (vi) and 14.7.13 (ii) of this Regulation shall not be included for computation of FSI, and the said areas shall be included for computation of the rehab component. In all cases where permissible in-situ FSI cannot be utilised in situ the difference between permissible FSI and that can be constructed in-situ, will be made available in the form of TDR in accordance with the provisions of Regulation 11.2.
v) Notwithstanding the provisions in (iv) above, the slum dweller society/NGO/Developer undertaking the scheme may opt to claim TDR in lieu of sale component available for the scheme, on account of constraints such as height restrictions, uneconomical site conditions, etc.; if the full permissible FSI cannot be used on the same site, TDR may be allowed as may be necessary without consuming permissible FSI on the same site. However, TDR may be allowed only when the frame work for one complete building in rehab component is constructed or when 10% of the rehab component has been constructed on site and the said TDR will not exceed 50 percent of the construction of rehab component at any point of time till the total rehab component has been completed. On completion of the total rehab component balance TDR will be allowed.
vi) The rehabilitation component shall mean all residential tenements as well as nonresidential built-up premises given free of cost in accordance with the provisions of the SRS outlined in this Regulation excluding what is set down in Regulation 14.7.9 (vi) and including anganwadi, health centre / outpost, community hall /gymnasium / fitness centre, skill development centre, women entrepreneurship centre, yuva kendra /library existing eligible religious structure, school, dispensary, gymnasium run by Public Authority or charitable trust etc. as per provision of 14.7.13 (i) &(ii) but excluding builtup area given for buildable DP reservations.
vii) Notwithstanding anything contained in this regulation, if rehabilitation project of a slum located on land belonging to public authority and needed for a vital public purpose and where eligible slum dwellers which cannot be accommodated in the in-situ SRS of land under non-buildable reservations, is taken up on an unencumbered plot, TDR as per Regulation No.11.2 for the area of the land spared for this purpose shall be sanctioned to the owner of the said unencumbered plot and the TDR in lieu of cost of construction of BUA as per Regulation No. 11.2 shall be permissible. For the purpose of this regulation BUA shall be as per Regulation No. 14.7.8 (ii) of this Regulation. Following conditions shall be applicable for such scheme.
a) The Rehabilitation Project is approved by the SRA.
b) The tenements so constructed in execution of the Project are offered to slum dwellers located on land belonging to Govt. or Public Authority and needed for vital public purpose and within 270 days from the date of issue of LOI the Agency shall identify the slum dwellers.
c) If the Agency fails to identify the slum dwellers needed to be shifted for a vital public purpose, as above, then the tenements so constructed shall be offered;
i) To the slum dwellers located on land belonging to Government or Public Authority within a distance of 2 km. from the land on which the Project is undertaken, or
ii)To the slum dwellers located anywhere in the Corporation limit on lands belonging to Govt. or Public Authority,
d) Further provided that in all above cases the relocation of. slum dwellers in any case will be undertaken not with reference to individuals but reference to assembly of slum dwellers for the purpose of releasing the plot of land wholly from slums and not only the patches of land. Provided further that, these provisions are also applicable to lands belonging to or leased out to or leased out by a Public Authority, a Statutory Authority, a Public Sector undertaking or any Department of Government of India and a Joint Venture with any of them, subject to payment of premium for infrastructure development as applicable under Regulation No. 14.7.14 (ii) of this Regulation.
e) No sale component shall be permissible.
f) In case of slums on municipal lands, there will be as option to exercise the powers of CEO, SRA by the Municipal Commissioner with the prior approval of the Government.
viii) All non-residential built-up areas shall be included in the computation of minimum density but on the scale of 20.90 sq. m of carpet area being one tenement. Provided further that in case of slum redevelopment where there are no eligible commercial slum dwellers and where it is possible to provide commercial tenements on ground floor, then in such cases commercial PAP tenements of size of carpet area 20.90 sq.m (225 sq.ft.) or of required size shall be provided as decided by CEO(SRA) and same shall be handed over free of cost to SRA.’ Provided if SRS is undertaken by a Federation, Co-Op.
Housing society consisting of members who are serving or retired State Govt. Employees/Employees of the State Govt. Undertakings/Employees of local bodies of State Government for providing housing to its members, such tenements which are generated over and above the tenements to be provided to the existing eligible hutment dwellers, shall be handed over back to the said Federation/Co.-operative Housing Society for providing housing to its above mentioned members and subject to further additional terms and conditions as would be imposed by the CEO, SRA to ensure adequate membership of class III and class IV employees.
ix) Any land declared as slum rehabilitation area or on which slum rehabilitation project has been sanctioned, if it is spread on part or parts of C.S. Nos. or CTS Nos. or S.Nos. or F.P. Nos. shall be treated as natural amalgamation/subdivision/s of that C.S. or CTS or S. No. or F.P. No. for which no separate approval for amalgamation/subdivision of land would be necessary.
x) Boundaries and the Slum Rehabilitation Area shall be declared by the competent authority after actual measurement of plot area on site and the same shall be adopted for planning purpose for calculation of density and floor space index
xi) The CEO, SRA may if required, adjust the boundary of the plot declared as slum rehabilitation area so as to suit the building design and provide proper access to these Scheme. Provided further that the encumbered area under D P Road/Sanctioned Regular line road abutting the SRS shall be included in the scheme to be developed.
xii) After approval is given to the Slum Rehabilitation scheme, the area may be further subdivided if necessary to earmark separate plots for the rehab component and the free sale component. The Plot area and the built-up area in terms of square meters on the said plot shall be separately mentioned in the lease agreements and Record of Rights.
xiii) The CTSO/SLR, of the district on payment of such fees as may be decided by the Govt. ensure that the City Survey sheet and property cards are corrected accordingly and fresh property cards are opened for each of the plots giving details regarding the area of the plots and the total area of the floors of the built-up property and TDR given that is, the FSI used on that plot