Now, amenity space not mandatory for developing land up to 5 acre
   Date :18-Jun-2021

Urban Development Departm
 
 
By Vikas Vaidya :
 
‘The Hitavada’ was pursuing the issue regarding amenity space since long
 
 
Maharashtra’s Urban Development Department has made an amendment to the Unified Development Control and Promotion Regulations (UDCPR), regarding leaving amenity space. Now, a developer need not leave amenity space for the land admeasuring just less than 20,000 square meters or 5 acres. But has to leave 5% of the total area for land admeasuring 20,000 sq.m or more. The new rule was awaiting nod of Minister concerned. A notification in this regard and for Gaothan issue was issued on Thursday. Both the decisions would give a major boost to realty industry as it would benefit not only developers but common public too. In 2018, the Urban Development Department, Government of Maharashtra had published the Development Control and Promotion Regulations (DCPR) for Nagpur Metropolitans Region. As per Clause 24.4 of the DCPR published, amenity space was to be provided in any layout or sub division of plots or development proposal, having area more than 10,000 Sq. Mtrs. (1 hectare or around 2.5 acre).
 

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In new Unified Development Control and Promotion Regulations (UDCPR) for Maharashtra State the same rule about not to leave amenity space upto 4,000 sq.meter (1 acre) was continued. Urban Development Department has modified some provisions of Unified Development Control and Promotion Regulations published on December 2, 2020. The Government in Urban Development Department has declared its intention regarding the said modification and published a notice of December 9, 2020, for inviting suggestions/objections from the general public. Divisional Joint Directors of Town Planning of concerned divisions were appointed as ‘Officer’, to hear the suggestions and objections and submit their reports to the Government. The said officers have submitted their reports to the Government after completing the legal procedure as contemplated under Section 37(1AA) and 20(3) of the said Act. After considering the reports of the said officers and after consulting the Director of Town Planning, Maharashtra State, Pune, the Government has sanctioned the proposed modifications.
 
The FSI for a new scheme of low cost housing implemented by MHADA on vacant lands for Economically Weaker Sections (EWS), Low Income Group (LIG) and middle income group (MIG) has been increased to 3.00 as against 2.50 as mentioned in the UDCPR. Additional FSI upto 5.0 including permissible FSI has been sanctioned for commercial user development in Central Business District (CBD) or plot situated in residential or commercial zone or Independent plot wherein residential or commercial use is allowed in Industrial zone. In case the entire commercial development is on a plot situated in commercial zone/ independent plot in residential zone and satisfies other related provisions, the authority may allow FSI as per the provisions These modifications have come as a huge relief for the dull real estate market. The reductions in Amenity space and additional FSI will definitely reduce the cost of properties thereby benefiting the middle class property buyers. The real estate market has lost its impetus due to second wave of Covid-19 and also due to increase in the stamp duty by the State Government. The modifications regarding Gaothan limit, amenity space are a welcome step taken by the Government which should again reduce the stamp duty levied on transaction of properties, as done after first wave of Covid-19.