SRA IN MUMBAI by Bhikchandani
SRA IN MUMBAI by Bhikchandani
SRA IN MUMBAI by Bhikchandani
REDEVELOPMENT
IN MUMBAI
By Sundeep Bikhchandani
The Origin of SRA
The Government of Maharashtra accepted the
recommendations made by the Afzalpurkar Committee in the
December Session of State Legislative Assembly in 1995 and
amended the Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act. 1971 to provide for the creation of
Slum Rehabilitation Authority (SRA) with a Chairperson. a Chief.
Executive Officer and fourteen other members. SRA was
created by the Government Notification dated 16th December
1995 to function with effect from 25th December 1995.
The Chief Minister of Maharashtra is the Chairperson of SRA and
an IAS Officer is full-time Chief Executive Officer of the Authority.
The nine other members include Ministers and Secretaries of
the concerned State Government Departments, The full
composition of the Authority as on today is a given below.
1. Chief Minister, Chairperson.
2. Minister, Housing.
3. Minister of State (UD), Member.
4. Minister of State (Housing), Member.
5. Chief Secretary, Member.
6. Principal Secretary, (UDD) Member.
7. Municipal Commissioner, Member.
8. Principal Secretary, (Housing), Member.
9. Principal Secretary, (L & JD), Member.
10. Chief Executive Officer
SRA's Responsibilities
The powers, duties and functions of the Slum Rehabilitation
Authority are
Road Area :
Under S.R.A. Schemes it is permissible to use 100% Road area and
there is no need to restrict the road area to 40% of net plot area.
Approval of Scheme :
On submission of the scheme, the same is scrutinized and Letter of
Intent (LOI) is issued which shows all the approved parameters of
the scheme and the various conditions. As per prevailing policy it
is necessary to display the approved Annexure – II at site for a
period of on month so that objections if any can be raised by the
slum dwellers. The layout (if necessary) is then approved and
intimation of Approval (IOA) is issued. The Commencement
Certificate (CC) for rehab and sale are so approved that the
proportion of rehab and sale is always maintained.
Payments :
In addition to regular payments towards scrutiny fee, IOA requires
layout deposits, MRTP charges (for sale area only) etc. the following
additional payment are required to be paid in stages.
Maintenance deposit at the rate of Rs. 20,000/- per rehab and PAP
tenement.
Infrastructure Development charges at the rate of 840/- per sq.mt. for
area over and above the normal permissible FSI in the zone.
New Scheme
As per Order no.TPB 4308/1270/CR-175/08/UD11 dated 11th
June 2008 issued by Government of Maharashtra, Urban
Development Department “the Govt. of Maharashtra vide
Notification of even No. dated 16/4/08, directed the said
Authority to initiate modification in Regulation 33(10), as so to
increase the carpet area of residential tenement from 20.90 sq.mt.
to 25 sq.mt. and also increase the in-situ FSI for Slum
Rehabilitation Scheme from 2.5 to 3.00 and from 3.00 to 4.00. Also
the said modification are brought into effect forthwith under
section 154 of the said Act.
(Accompaniment of Government Order No.TPB 4308/1270/CR-
175/08/UD-11 dated 11th June, 2008)
Following new Sub-Regulation No.10.1(A) shall be added after
Sub-Regulation No.10.1 in Appendix-IV of Regulation 33(10).
“In the case of Slum Redevelopment Scheme in progress, and such
scheme where LOI has been issued if full occupation permission
has not been granted, then owner/developer/Co-op. Housing
Societies of hutment/Pavement dwellers/ Public Authority/ Non
Govt. Organization may convert the proposal within one year from
the date of this notification in accordance with the modified
regulations only regarding else of tenements and loading of FSI, in
situ”.
As per the Government Notification No. DCR 1095/1209/CR-
273/95/UD-11 dated 30.11.02, following provisio shall be added
in Clause No. 8.1 in the schedule appended to Government’s
Schedule under Order No. TPB 4308/577/CR-96/08/UD-11 dated
10th April 2008.
“However, if number of rehab tenements exceeds 100 then for
every 100 rehab tenements such additional society office shall be
constructed.
Other, social infrastructure like school, dispensary, gymnasium run
by Public Authority or Charitable Trust that existed prior to the
redevelopment shall be allowed without increase in existing area.”
‘2.50’ shall be modified and replaced by ‘3.00’ in Regulation 7.8 of
Appendix IV of Regulation 33(10).
Ownership :
Ownership and Term of Lease – The part of Government / MCGM /
MHADA land on which the rehabilitation component of the Slum
Rehabilitation Scheme will be constructed shall be leased to the Co-
operative Housing Society of the slum-dwellers on 30 years lease at
the lease rent of Rs.1001 for 4000 sq.mt of land or part thereof and
renewable for a further period of 30 years. The same conditions shall
prevail for the land under the free sale component and the land shall
be leased directly to the Society/Association of the purchasers in the
free sale component and not through the society of hutment dwellers,
and pending the formation of the Society/Association of the
purchasers in the free sale component, it shall be leased to the
Developer. The said lease deed shall be executed within 60 days from
the date of building permission being issued and in case of
Government land 25% premium as per Ready Reckoner Rate will
have to be paid by the Developer.
Restriction on Transfer of Tenements:
The tenement obtained under this scheme cannot be
sold/leased/assigned or transferred in any manner for a period of
ten years from the date of allotment/possession of the tenement.
In case of breach of conditions, except transfer to legal heir, the
tenement will be taken over by Slum Rehabilitation Authority.
Temporary Transit Camps :
The temporary transit camp shall be provided on or close to the
site itself, and if need be on the area of statutory open space to be
left in accordance with D.C. Regulation No.23 on the plot.
On the slum site itself approved for rehabilitation, multi-storied
temporary transit tenement may be allowed to be constructed the
area of the said unit will be 225/269 sq.ft. carpet as per the
scheme approved.
The area of temporary transit tenements shall be excluded from
the computation of FSI, but the safety of the structure shall be
ensured.
Such building permission shall be given within 15 days from the
date of application and after approval to the project by Slum
Rehabilitation Authority, failing which it shall be deemed to be
given.
If a site reserved in Development Plan for any buildable public
purpose is vacant or partly encumbered, or it happens to be the
unused portion of cemetery or other such public purpose for
which it is reserved, or is occupied by a public purpose for which it
is reserved, or is occupied by a public building such as market or
library etc. at ground level, temporary construction of transit
tenements in such sites and on top of such existing public
buildings may be allowed wherever possible.
Payment to be made to SRA and Installments:
An amount of Rs.20,000 or such an amount as may be decided by
the Government from time to time per tenement including the
welfare hall and balwadi in the rehab component as well as in the
case of permanent transit camp tenements will have to be
deposited by the owner / developer / society with the Slum
Rehabilitation Authority, in accordance with the time-schedule for
such payment as may be laid down by the Chief Executive Office,
Slum Rehabilitation Authority. However, by the time of completion
of construction for occupation of tenements by the hutment
dwellers, the total amount at the rate of Rs.20,000 per tenement
completed should have been deposited in full. The building
permission for the last 25 percent of the freesale component
would be given only after all the required amount is deposited in
full with Slum Rehabilitation Authority.
An amount of Rs.840 per sq.mt. [or Rs.560 per sq.mt. for the localities
mentioned in sub regulations 3.4 in the Appendix-IV] shall be paid by
the Owner/ Developer/Society/NGO for the built-up area over and
above the normally permissible FSI, for the rehabilitation and free
sale components. Similarly, it shall be paid for the built-up area over
and above the normally permissible FSI for construction of transit
camps in accordance with the provisions under DCR 33(14). This
amount shall be paid to the Slum Rehabilitation Authority in
accordance with the time schedule for such payment as may be laid
down by the Chief Executive Offer, Slum Rehabilitation Authority,
provided the installments shall not exceed beyond the completion of
construction. This amount shall be used for Schemes to be prepared
for the improvement of infrastructure in slum or slum rehabilitation
areas.
[provided that out of Rs.560/- per sq.mt. Infrastructural charges,
90% amount will go to BMC & 10% amount will remain with SRA]
CONVERSION OF OLD PROJECTS INTO NEW PROJECT
The State Government may issue to the Slum Rehabilitation Authority such
general or special directions as to policy as it may thing necessary or
expedient of carrying out the purposes of this Act and the Slum
Rehabilitation Authority shall be bound to follow and act upon such
directions.
(a) without prejudice to the generality of the foregoing provision, if the
State Government is of opinion that the execution of any resolution or order
of the Authority is in contravention of or in excess of, the powers conferred
by or under this Act or any other law for the time being in force, or is likely
to lead to abuse or misuse of or to cause waste of the Fund of the Authority,
the State Government may, in the public interest, by order in writing,
suspend the execution of such resolution or order. A copy of such order
shall be end forthwith the State Government to the Authority and its Chief
Executive Officer.
(b) On receipt of the order sent as aforesaid, the Authority shall be bound to
follow and act upon such order.
4. The approvals are given by the office of the Slum Rehabilitation
Authority whose office is situated at Administrative Building,
Anant Kanekar Marg, Bandra East Skywalk, Bandra (E),
Mumbai 400051.
5. Censused shall mean those slums located on lands
belonging to Government, any undertaking of Government,
or Brihan Mumbai Municipal Corporation and incorporated in
the records of the land owning authority as having been
censused in 1976, 1980,or 1985 or prior to 1st January, 1995.
6. The declared slums were areas which have been formally
declared as slum by the respective municipalities, corporations,
local bodies or the development authorities.
SRA PROCEDURE
INITIAL STAGE
All slum dwellers residing on the plot prior to 1/1/1995
and are in use of the structure are eligible for
rehabilitation.
1. At least 70% of the slum dwellers in a slum unite under a
slum dwellers co-operative housing society.
2. They appoint a chief promoter. Collect share capital of Rs.
50/- per member and Re. 1/- as entrance fee. This is then
deposited in the name of the proposed housing society in
the Mumbai district central co-operative/ Maharashtra
State co-operative bank ltd.
3. Documents regarding the title of the land are collected by
the society. The plot is got measured and the slum
structures are properly demarcated.
4. The survey of structures on the plot is carried out and the
structures are numbered on the plan. A table of house
number as per plan and the name of the occupant is
prepared.
5. A suitable developer is appointed by the society by a
general body resolution. The developer appoints
professionals like Architect/ Licensed surveyor; Structural
engineer; etc.
6. The developer enters into individual agreements with all
the slum dwellers agreeing to participate in the scheme.
7. A proposal enclosing requisite plans; annexures and
documents is submitted by the architect to SRA.
SECOND STAGE
1. Initial scrutiny of the proposal is carried out by the concerned sub-
engineer. It is ensured that all requisite documents are submitted along
with the proposal.
2. If the proposal is in order, the amount of scrutiny fee to be paid is
worked out by the sub-engineer.
3. The scrutiny fee is paid by the developer.
4. Annexure II is forwarded to the competent authority for certification.
5. Annexure III is simultaneously forwarded to the financial wing for
scrutiny.
6. Annexure I is scrutinized by the engineering wing.
7. After Annexure II & III are certified by the competent authorities,
approvals to LOI, layout. Intimation of Approval and commencement
certificate to the first building for work upto plinth are processed.
Endeavour is made to issue all these four approvals at one go, at-least
for the first rehabilitation building.
THIRD STAGE
1. The society draws lots for allotment of the tenements to the
members who are ready to participate in the scheme. Draw for
the non- participating members from the remaining tenements
is also drawn.
2. The developer arranges for transit accommodation to the slum
dwellers, which can be either on-site or off site, as mutually
agreed between the slum dwellers and the developers.
3. In case the developer has difficulty in arranging for suitable
transit accommodation, due to site constraints, SRA extends all
help to the developers to locate suitable site in the vicinity for
construction of transit camps and helps to obtain permissions
from concerned authorities for the same. In case no suitable site
is available in the vicinity, transit camps of MHADA, MMRDA, etc
can be taken on rental basis by the developers. SRA extends all
possible help for obtaining these transit tenements from these
authorities.
4. Draw of lots for allotment of transit tenements is drawn.
5. The slum dwellers are shifted to the transit camps and their
hutments demolished. The slum dwellers who do not agree to
participate in the scheme are given notice by the society stating
the allotment details and requesting them to participate in the
scheme.
6. If these members do not agree to participate within 15 days of
the approval of the proposal, they are physically evicted from the
site under the provisions of Sec 33 & 38 of Maharashtra Slum
Areas (Improvement, Clearance and Redevelopment) Act, 1971,
to ensure that there is no obstruction to the scheme.
7. After demolition of the structures, work upto plinth is
completed.
8. After checking the plinth dimensions, further permission to
carry out construction beyond plinth is granted.
FOURTH STAGE
1. Plans for the further buildings both for sale and rehabilitation
are then approved.
2. Building permissions for the sale buildings are given in the
proportion of the permissions given to the rehabilitation
buildings.
3. Upon completion of rehabilitation building/ wing, list of
allotment is drawn up. The allotment is done in the joint name of
the head of the household and the spouse.
4. Building completion certificate is submitted by the architect.
5. After checking of the building and compliance of the IOA
conditions Occupation permission to the building is granted. The
slum dwellers as per the allotment list are given possession of
the tenements.
6. SRA issues identity cards to the slum dwellers.
FIFTH STAGE
1. Further construction of the remaining building/s is then
taken up.
2. Further building permissions as well as occupation
permissions to the buildings is then granted in due course.
3. Upon completion of the last buildings in the layout, the
underlying land is transferred on lease to the society of
slum dwellers. In case of Government lands, the lease rent
is nominal.
4. Separate property cards for the rehabilitation building plot
and the sale building plot as well as for the reservation
plots to be handed over are prepared. SRA acts as
facilitating agency in case of any difficulty with the revenue
authorities.
VALUATION OF SLUMS IN
MUMBAI
FAQ :
Q1. A plot of land in Mumbai Suburbs is in Residential
Zone and fully encroached upon with slums, however the
said plot of land has not been declared as slum under the
Slum Act.
Ans. The land which is owned by Government and where such slum
schemes are in progress by virtue of LOI granted by SRA and
permissions granted by land owning authority are in place of the
Government and NOC is never granted to the banks, however
developers mortgage their development rights based on which
banks do funds such projects. The major concern in such cases is
that although the bank does mortgage the development rights, the
LOI can never be transferred without the consent of the slum owners
who grant their 70% consent to the project and even if revised
approval is granted in favour of a new developer, sanction and
approval would be required from SRA which is very difficult process.
Q3. Can Banks mortgage Slum Land owned by Private
Owners where LOI has been issued and a slum scheme is
in progress?