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Urban Development Department URBAN DEVELOPMENT DEPARTMENT Mantralaya, Mumbai 400032, dated 20th February 1991 NOTIFICATION MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 No. DCR.1090/RDP/UD-11.-Whereas the Municipal Corporation of Greater Mumbai (hereinafter referred to as "the said Municipal Corporation") being the Planning Authority for the areas under its jurisdiction under clause (19) of section 2 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966) (hereinafter referred to as "the said Act") has by a declaration under sub-section (1) of section 23 ,read with section 38 of the said Act ,given notice of its intention to prepared a revised Development Plan for Greater Mumbai, which has been published in the Maharashtra Government Gazette, Mumbai Divisional Supplement of 13th January 1977; And whereas the said Municipal Corporation after following the legal formalities stipulated under the said Act has submitted under subsection (1) of section 30 of the said Act, the Revised Draft Building bye-laws and Development Control Rule to the State Government on 30th April, 1985 for sanction; And whereas the Government of Maharashtra, after consulting the Director of Town Planning considered the said draft Building bye-laws and Development Control Rules submitted by the said Corporation and published, in exercise of the powers conferred by sub-section (1) of section 31 of the said Act, revised draft Development Control Rules for Greater Mumbai as in the Schedule appended to the Government Notice, Urban Development Department, No. DCR 1089/3814/RDP/UD-11-1, dated 14th December 1989 in the Maharashtra Government Gazette, Extra-ordinary Part I , Konkan Divisional Supplement, dated 14th December 1989, inviting objections and suggestion from any person in respect of the, said revised draft Development Control Rules for Greater Mumbai and by Government Notification , Urban Development Department , No. DCR. 1084 /3814/(a)/RDP/UDO 11, dated 14th December 1989, published in the Maharashtra Government Gazette Extra-ordinary, Part I, Konkan Divisional Supplement, dated 16th December 1989 appointed Shri G.S. Pantbalekundri, Deputy Director of Town planning and Ex-officio Deputy Secretary to Government Urban Development Department, as the officer (hereinafter referred to as " the said officer" ) to hear objections and suggestion from any person in respect of the said draft revised Development Control Rules for Greater Mumbai and to submit to the State Government his report thereon as required under sub-section (2) of section 31 of the said Act; And whereas the said officer after hearing and consideration of objections and suggestions, submitted his report to Government on 29th June, 1990; And whereas in accordance with sub-section (3) of section 31 of the said Act, Government has taken into consideration the objections and suggestions received and the report of the said officer; And whereas in accordance with the first proviso to sub-section (1) of section 31 of the said Act, the State Government has, by its Notification, Urban Development department, No. TPB. 4387/716/UD-11 (RDP), dated the 12th June 1990, extended the period for sanctioning the said draft Building Bye-laws and Development Control Rules for the said Corporation up to and inclusive of 31st March 1991; And whereas the Government of Maharashtra considers it appropriate and proper that the said Development Control Rules for Greater Mumbai shall be called the Development Control Regulations for Greater Mumbai. Now, therefore, in exercise of powers conferred by sub-section (1) of section 31 of the said Act and all other powers enabling in that behalf the Government of Maharashtra- (a ) sanctions the Development Control Regulations for Greater Mumbai, 1991 as specified in the Schedule appended hereto; and 1 (b) fixes 25th March 1991 to be the date on which the final Development Control Regulations for Greater Mumbai, 1991 as specified in Schedule I of this notification shall come into force. Note. - Copies of the Development Control Regulations for Greater Mumbai as in the Schedule to this Notification as sanctioned by the State Government are kept for sale at the Government Printing , Stationary and Publication , Publications Branch, Netaji Subhash Road, Charni Road, Mumbai 400 004 and shall be kept open for inspection by the public during working hours for a period of one year at the office of the- (1) The Chief Engineer (Development Plan), Municipal Corporation of Greater Mumbai, Municipal Head Office, Mahapalika Marg, Mumbai 400 001. (2) The Deputy Director of Town Planning Greater Mumbai," E" Block, Ensa, Hutments, Azad Maidan. Mahapalika Marg, Mumbai 400 001. SCHEDULE PART-I ADMINISTRATION 1. Short title, extend and commencement. – (1) Title-These Regulations shall be called the Development Control Regulations for Greater Mumbai, 1991 (hereinafter called “these Regulations”). (2) Jurisdiction. -These Regulations apply to building activity and development work in areas under the entire jurisdiction of the Municipal Corporation of Greater Mumbai (hereinafter called "the Corporation "). If there is a conflict between the requirements of these Regulations and those of any other rules or byelaws, these Regulations shall prevail: Provided however that in respect of areas included in a finally sanctioned Town Planning Scheme, the Scheme Regulations shall prevail, if there is a conflict between the requirements of these Regulations and the Scheme Regulations. (3) Date of coming into force.- These Regulations shall come into force on 25th March 1991 and shall replace the existing Development Control Rules for Greater Mumbai framed under the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966). 2 Definitions of Terms and Expressions.- (1) General--In these Regulations, unless the context otherwise requires, the terms and expressions shall have the meaning indicated against each of them. (2) Meaning as in the Acts, Rules, etc.- Terms and expressions not defined in these Regulations shall have the same meanings as in the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966) or the Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. III of 1888) and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires. (3) Definitions. – (1) "Accessory building" means a building separated from the main building on a plot, and put to one or more accessory uses. (2) "Accessory use" means use of the building subordinate and customarily incidental to the principal use. (3) "Act" means- (i) The Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. III of 1888); or (ii) The Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966); as stated in the text. (4) "Advertising sign" means any surface or structure with characters, letter or illustrations applied thereto and displayed in any manner whatsoever out of doors for the purpose of 2 advertising or giving information regarding or to attract the public to any place, person, public performance, article or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body included in the limits of Greater Mumbai i.e. City, suburbs or extended suburbs as defined in section 3 of the Mumbai Municipal Corporation Act, 1888, and area specified in Part II to IV of Schedule `A` to the Greater Mumbai Laws and Mumbai High Court (Declaration of Limits) Act, 1945. (5) "Air-conditioning" means the process of treating air to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of an enclosed space. (6) "Addition and/or alteration" means change from one occupancy to another, or a structural change, such as addition to the area or height, or the removal of part of a building, or a change to the structure, such as the construction or cutting into or removal of any wall or part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing or any required means of ingress or egress, or change to fixtures or equipment, as provided in these Regulations. (7) "Amenity" means roads, streets, open spaces, parks recreational grounds, play grounds, gardens, water supply, electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences. (8) "Automatic sprinkler system" means an arrangement of pipes and sprinklers, automatically operated by heat and discharging water on fire, simultaneously setting an audible alarm. (9) "Balcony" means a horizontal projection, including a parapet, hand-rail balustrade, to serve as a passage or sitting out place. (10) "Basement or cellar" means the lower storey of a building below, or partly below the ground level. (11) "Building " means a structure, constructed with any materials whatsoever for any purpose, whether used for human habitation or not, and includes- (i) Foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms; (ii) Verandahs, balconies, cornices, projections; (iii) part of a building or anything affixed thereto; (iv) any wall enclosing or intended to enclose any land or space, signs and outdoor display structures; (v) tanks constructed for storage of chemicals or chemicals in liquid form; (vi) all types of buildings defined in (a) to (p) below,
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