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Development Control and Promotion Regulations for Nagpur Metropolitan Regional Development Authority (Nagpur Metropolitan Area Development Plan)

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Development Control and Promotion Regulations for Nagpur Metropolitan Regional Development Authority (Nagpur Metropolitan Area Development Plan) Development Control and Promotion Regulations for Nagpur Metropolitan Regional Development Authority (Nagpur Metropolitan Area Development Plan) URBAN DEVELOPMNET DEPARTMENT, GOVERNMENT OF MAHARASHTRA (Sanctioned under Section 31(1) of MRTP Act, 1966 vide Government Notification No.TPS-2416/CR-122(A)/2016/DCPR-NMA/UD-9 dated 5th January, 2018) D Class Municipal Corporation DCR GOVERNMENT OF MAHARASHTRA Urban Development Department Mantralaya, Mumbai 400032. Date : 05/01/2018 NOTIFICATION The Maharashtra Regional and Town Planning Act, 1966: No.TPS-2416/CR-122(A)/2016/DCPR-NMA/UD-9: Whereas, the Government in Urban Development Department vide Notification No. TPS-1899/1191/C.R.80/99/UD-13, Dated the 23rd July, 1999, issued in exercise of the powers conferred by clause (c) of Article 243-P of the Constitution of India read with clause (c) of section 2 of the Maharashtra Metropolitan Planning Committees (Continuance of Provisions) Act, 1999 (Mah. V of 2000) has declared an area, around the City of Nagpur, as specifically described in the Schedule appended to the Notification as “Nagpur Metropolitan Area” (hereinafter referred to as “ the said Nagpur Metropolitan Area”) ; And whereas, in exercise of the powers conferred by Section 40(1) & (1B) of the Maharashtra Regional Town Planning Act. 1966 (Mah.XXXVII of 1966) (hereinafter referred as “the said Act.), the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936 (C.P. and Berar XXXVI of 1936) is appointed as the Special Planning Authority (hereinafter referred to as “the said Special Planning Authority”) for the said Nagpur Metropolitan Area vide Government in Urban Development Department Notification No. TPS- 2409/2890/ C.R.356/UD-9, 31st August, 2010, (hereinafter referred to as “the said Notification”); Whereas, the said Special Planning Authority under its General Body Resolution No.2/1106, Dated 24/02/2012 has prepared the draft development plan after following the due procedure as mention in the said Act and published the Draft Development Plan along with Development Control Regulations for the said Nagpur Metropolitan Area (hereinafter referred to as “the said Draft Development Plan”) under Section 26 (1) of the Maharashtra Regional & Town Planning Act, 1966 for inviting suggestion and objection from general public (hereinafter referred to as “the said Act”) and notice to that effect has appeared in extra Ordinary Maharashtra Government Gazette, in Nagpur Division, Part - 1 supplement, Dated 26/02/2015 ; And whereas, after considering the suggestions and objections received on the said Draft Development Plan within stipulated period, and giving opportunity of being heard the Planning Committee appointed under Section 28 (2) of the said Act, has submitted its Report to the said Planning Authority on 24/06/2016; And whereas, in accordance with the provisions of section 28(4) of the said Act, the Planning Authority after considering the report of the Planning Committee makes some modification in the said draft development Plan and Notice to that effect is published in Maharashtra Govt. Gazette Dated 24/08/2016, and then in accordance with the provisions of sub-section (1) of Section 30 of the Said Act, the said Planning Authority has submitted the Said modified Draft Development Plan along with the Development Control Regulations to the Government of Maharashtra for Sanction vide its Marathi letter No.प्रावियो/नामक्षे/कलम-/30अ.अ6089/., Dated 24/08/2016 ; DCPR FOR NMRDA And whereas, the Director of Town Planning, vide his Marathi letter No .विटीपी /3113/टीपी핍ही- 3042/2, Dated the 09/06/2017, has submitted his Report on the said modified Draft Development Plan and the Draft Development Control Regulations to Government for sanction ; And whereas, in accordance with Sub-Section (1) of Section 31 of the Said Act, after making necessary enquiries and after consulting the Director of Town Planning, Maharashtra State, Pune the State Government is of the opinion that the Draft Development Plan should be Sanctioned along with Draft Development Control Regulations with Modifications shown in SCHEDULE-A (as SM-1, SM- 2....etc.) appended here to, excluding the substantial Modifications (as EP- 1, EP-2,.......etc.) as specified in SCHEDULE-B appended (hereinafter referred to as the “said Proposed Substantial Modification i.e.(EP) ”); And whereas, in accordance with Sub-Section (1) of Section 31 of the Said Act, after making necessary enquiries and after consulting the Director of Town Planning, Maharashtra State, Pune the State Government has accorded sanctioned to the said draft development plan with modification shown in SCHEDULE-A appended to the Notification No. TPS-2416/C.R.122 (A)/2016/SM/UD-9, Dt. 05/01/2018 excluding the Substantial Modification as shown in SCHEDULE-B; Now therefore, in exercise of the powers conferred by Sub-Section (1) of Section 31 of the Said Act and of all other powers enabling it on that behalf, the Government of Maharashtra hereby:- a) Development Control Regulations for the whole Nagpur Metropolitan Area is sanction with certain modification. These regulations shall be the Development Control and Promotion Regulations for Nagpur Metropolitan Regional Development Authority (Nagpur Metropolitan Area Development Plan). The Sanctioned Set of DCPR for NMRDA area is attached herewith. b) Extends the period prescribed under Section 31 (1) of the Said Act, for sanctioning the Said Development Control and Promotion Regulations up to and inclusive of the date of this Notification. c) Fixes the date one month after of publication of this Notification in the Official Gazette to be the date on which the Said Sanctioned DCPR shall come into force. The aforesaid Final Development Control and Promotion Regulations of the said Nagpur Metropolitan Area ssanctioned by the State Government vide this Notification shall be kept open for inspection by the general public during office hours on all working days for a period of one month from the date of coming into force of this Notification, in the office of the Metropolitan Commissioner, Nagpur Metropolitan Regional Development Authority, Nagpur. This Notification shall also be published on the Government web-site at www.maharashtra.gov.in (कायदे व नियम) By order and in the name of the Governor of Maharashtra, (Sanjay Saoji) Deputy Secretary to the Government. DCPR FOR NMRDA Development Control and Promotion Regulations for Nagpur Metropolitan Regional Development Authority (Nagpur Metropolitan Area Development Plan) INDEX REGULATION CONTENTS PAGE NO NO. PART I – ADMINISTRATION 1.0 Short Title, Extent and Commencement 1 2.0 Definitions 1 3.0 Applicability of Regulations 11 3.1 Applicability of Regulations to the Building Works 11 3.2 Development of sites or sub division or amalgamation of land 11 3.3 Construction /Part Construction 11 3.4 Change of Occupancy / Users 11 3.5 Reconstructions 11 3.6 Revised permission 12 4.0 Interpretation 11 5.0 Development Permission and Commencement Certificate 12 6.0 Procedure for obtaining Building permission / commencement certificate 12 6.1 Application /Notice 12 6.2 Information with the Notice / Application 13 6.2.1 Ownership title and area 13 6.2.2 Plans to be submitted along with the application 13 a) Key plan or location plan 13 b) Site plan 13 c) Sub division / Layout plan 114 d) Amalgamation Plan 14 e) Service Plan 15 f) Building Plan 15 g) Building Plan for Special Buildings 15 6.2.3 Fees and charges 16 6.2.4 Clearances from other department 17 6.2.5 Supervision 17 6.3 Drawing sheets and colouring of plans 17 6.4 Signing of the Plan 18 DCPR FOR NMRDA 6.5 Qualification and competency of Architect and Engineer 19 7.0 Grant or Refusal of Permission 19 7.1 Building Permission On Risk Based Classification 19 8.0 Deemed permission 19 9.0 Commencement of work & Extension of period of permission 20 10.0 Procedure during Construction 21 10.1 Owners / Architect / Engineers liability 20 10.2 Documents at sites 20 10.3 Checking of plinth 21 10.4 Deviation during construction 21 10.5 Completion Certificate 22 10.6 Occupancy Certificate 22 10.7 Part Occupancy Certificate 22 11.0 Inspection 22 12.0 Unsafe Buildings 22 13.0 Revocation of Permission 22 14.0 Development undertaken on behalf of Government. 23 15.0 Items of operational construction by some authorities to be excluded 23 16.0 Discretionary Powers 24 16.1 Interpretation by Metropolitan Commissioner 24 16.2 Relaxation in Specific cases 24 16.3 Delegation of Powers 25 17.0 Temporary Construction 24 18.0 Unauthorized development - liability for offences and penalties 25 19.0 Amendment to Appendices 26 20.0 NBC as reference 26 21.0 Clarification 26 PART II - GENERAL LAND DEVELOPMENT REQUIREMENTS 22 Requirement of site 27 22.1 Sites not eligible for construction of buildings 27 22.2 Distance of Site from Electric Lines 28 22.3 Construction within Blue and Red Flood Line 28 22.4 Development within 30 m. from Railway Boundary 28 22.5 Environmental Clearance 29 22.6(a) Development along Highways / Classified Roads 29 22.6(b) Width of highway road and service road to be consider. 29 DCPR FOR NMRDA 22.7 Development within 500 m. from the Jail Premises 29 22.8 Distances from land fill sites 30 22.9 Restrictions in the vicinity of Airport 30 22.10 Restrictions in the Vicinity of Ancient Monuments 30 22.11 Restrictions by Other Departments 30 22.12 Authorities to supply complete information to corporation 30 23.0 Means of Access 30 24.0 Regulations for Land Sub-Division and Layout 30 24.1 Obligation to Prepare layout 30 24.2 Roads/ streets in land subdivision or layout 30 24.3 Recreational open spaces 34 24.4 Amenity Space 36 24.5 Provision for electric sub- station 38 24.6 Minimum Plot area, plot width for various uses 38 24.7 Provision of plots / tenements for EWS/LIG 39 24.8 Amalgamation of Plots 39 24.9 Net Plot area for Computation of FSI 39 24.10 Relocation of DP Sites/DP Proposals 39 24.11 Transfer of DP sites in lieu of FSI 40 PART III - LAND USE CLASSIFICATION AND PERMISSIBLE USES.
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