Item No.

Board Meeting No. 5 99

Date of Meeting \ 0. 0 1 . 2. 017.
S onsoring HOD Chief Planner

A. Subject: - Policy guidelines for - Amalgamation / Sub-division of Plots

B. Issue for Consideration

As per the General Development Control Regulations (GDCRs) of CIDCO, the scale of
Scrutiny fees to be charged for amalgamation / sub-division proposals is provided under
Regulation No. 16.1 (3). However, process / criteria for amalgamation / sub-division of
plots is not specified. As per prevailing practice, amalgamation is permitted for the
properties comprising of two or more different holdings belonging to the same owner
and abutting each other, with remarks from Planning Dept., and Estate Section. In GDCRs
or outside, there is no comprehensive policy towards amalgamation / sub-division.

Amalgamation has implications on various issues pertaining to Estate Section as well as

Planning Department e.g.- charging Additional Premium; computation of lease., period;
change of use after amalgamation, access road width, orientation of adjoining plots (i.e.
amalgamation along lengthwise or back to back plots) etc. Hence, it is necessary to
frame policy guidelines for amalgamation of plots with specific conditions. Accordingly a
proposal has been prepared jointly for consideration of the Board.

C. N
Appraisal Allotment Administrative Financial Policy Others
..4. approval a $ 1 royal

D. Details about the proposal

1. Background
Based on the GDCR provisions, layouts are prepared within a given landuse zone of
NMDP, falling in Nodal areas or outside nodes. ID these layouts, at plot level a host of
landuses including Industrial, Storage, information Technology, Bio-technology,
Assembly, Education, Medical, Religious and Social including the benefit of the larger
community are permitted. The FSI varies across the landuses and in case of storage
landuse, VPR is permitted. Further, there are sub-groups within landuses e.g.-
Bungalows / - Row houses which are residential in landuse, are advertised as exclusive
residential schemes and are smaller in plot size than general residential plot which are
allotted as Society plots or through Tender. Within a given block or layout given its
character, compatible landuses are planned.

2. Prevailing Practice.
Sometimes, the plots abutting each other or plots in series are agreed to be leased to the
same Licensee/s. In such cases, the Licenseeis often request for amalgamation of plots, in
order to have better planning and utilization of the combined area allotted to them.
As per the present practice followed for amalgamation, if two plots (next to each other)
are to be amalgamated, then such plots have to fulfill the following conditions,

1
 i) The Plots should belong to the same owner.
ii) The permitted landuse of both the plots should be the same.
iii) The FSI permitted for both the plots should be the same.
iv) Once the plots are amalgamated, no sub-divMtolres.uttra
U

be permitted.
v) Estate Section should examine the transfer charges, date of Agreement to Lease of
such amalgamated plots.
vi) The record date of amalgamated plots should be taken as the date of Agreement to
Lease that of the earlier / older executed Agreement for charging of Additional
Lease Premium (ALP).

3. The need for framing guidelines:

The GDCR for Navi Mumbai has a provision for charging scrutiny fees for amalgamation /
sub-division of plots under Regulation No.16.1 (3), presently recovered by Estate Section.
However, there is no comprehensive policy guidelines for amalgamation / sub-division of
plots.

As mentioned above, the Corporation has been practicing such amalgamation, in absence of
comprehensive policy guidelines. While many a times, it is observed that, amalgamation of
bigger plots do not have an impact on the surrounding, built-up environment, though there
is a possibility of change of use after amalgamation and avail higher FSI. However,
amalgamation of smaller plots, especially in case of bungalow plots / row house plots, leads
to construction of taller apartment type buildings, which may change the intended
character of the scheme / area.

Also in case of core units / LIG / EWS Plots allotted under BUDP and other schemes of
CI DCO and plots situated on 6.00 M., or lesser wide roads. Amalgamation in such case is not
desirable, from fire and provision of other infrastructure point of view.

Having regard to the above, it is necessary to frame policy guidelines to regulate the
development and also to process proposals for amalgamation sub-division..

4. Legal Opinion

Legal opinion on the proposed policy is obtained, (Annexure-II). The advice of Senior Law
Officer of maintaining the scheme / category and sub-category of amalgamated plots and
levying charges on additional payment proposed is duly complied in the proposal. Also, the
suggestion of Sr. Law Officer to obtain opinion of Estate Section and Sr. Economist is also
complied with. Further, the opinion / suggestions of Estate Section and Sr. Economist are
duly incorporated in the proposal.

5. Proposal
For amalgamation / sub-division of plots, allotted for various uses, proposed guidelines are
placed at Annexure,I. Certain landuses are excluded from the purview of amalgamation /
sub-division.

- 2
 P/5

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Road-width criteria in case of amalgamation / sub-division of plots are generally not

specified, as the FSI of plots and the use are not expected to change. However, in case of
bigger plots, change of use if permitted, is regulated by corresponding provision in the
/ Rowse plot
GDCRs which specify the road-width and plot area criteria For Bungalow
schemes, upon amalgamation the resultant plot may become eligible for change of landuse
as per 16,3(1a)] of the CIDCO GDCRs. To retain the character of the scheme area it is
proposed that this particular clause may not be allowed to apply on amalgamated plots of
such schemes. Besides this, it is proposed that no relaxation of any kind in terms of GDCRs
shall be given towards resultant plots after amalgamation / sub-division.

It is proposed to exclude core units / LIG / EWS Plots allotted under BUDP or other schemes
of CIDCO and plots situated on 6.00 M., or lesser width roads, from the scope of this
proposal.

Besides this, the guidelines prescribed by the Estate Section and the Law Section, for fixing
date of Lease agreement for amalgamated plots, premium / ALP to be collected, penalties to
be levied, period for completion of construction in amalgamated plots / reconstruction of
building in amalgamated plots, etc., are also included in the present proposal.

Details of policy guidelines framed, based on the above, are placed at Annexure-l.

E. Financial implications. No

F. Legal implications
Guidelines are framed herewith for processing the cases related to amalgamation / sub-
division of plots, to streamline the process. No legal implications are foreseen in this
proposal.

06.01• 2-017-
G. Date of Approval of the Agenda Note by VC & MD / JMD:

H. Whether continuation of deferred Item/ or Fresh Item: Deferred Item

1. Whether Information can be provided under the RTI Act: YES

The Board may pass the following Resolutions with or without modifications:

DRAFT RESOLUTION No.

"RESOLV FURTHER THAT, the Board do ta note of the need to frame gui Ines for
amalgamatio sub-division of plots and hereby ap oves the Policy Guidelines as enlo 'd in
Ann.exure - I to ermit and regulate such proposals'.
3
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 "RESOL, D FURTHER THAT, VC&MD be and is hereby empowered to -take suitable
amendmei is to the guidelines as may be re ired for hardship cases and smooth
amplemen a r on o policy

"RESOLVED Hi THER THAT, VC& D t MD-I be a d are e eby authorized to imple ant the
above Resolution

Sponsorit

(R N Dengle)
(Chief Architect & Planner)

CIN-U999991 1-11970SGC014574 06N t7

Policy guidelines for Amalgamation/sub -division

Item No.25/599 BM :
of Plots.

During discussions, the Board noted that as per the proposed guidelines
is to allow amalgamation/ sub-division/s plots for cases covering of (i)

same land use, (ii) same ownership and (iii) same F.S.I.

After discussions, the Board unanimously passed the following

Resolution:

RESOLUTION NO: 11774

the Board do take note of the need to frame guidelines for

"RESOLVED THAT

,._ i.. ,,—

-.s
-, , — amalgamation /sub-division of plots and hereby approve the Policy Guidelines as
/ 0...;
enclosed in Annexure-I to permit and regulate such proposals." 4'
." )

CIN-U99919M1-11070SGC014574

4
P T0
 CIN-U9999911i-n
705GC014574

"RESOLVED FURTHER THAT the VC&MD be and is hereby empowered to

make suitable amendments to the guidelines, as may be required for hardship

cases and smooth implementation of this policy."

"RESOLVED FURHTER THAT the Board do and hereby authorize the VC&MD/

Jt.MD-I to implement the above Resolutions."

11;1-
4.-ttioa No.
• - held on

suary
4023
4-mamors,ra
•• I

CIN-U99999 • tt2735GC014574
 AN t\i EXURE P/)

Annexure-I.

POLICY GUIDELINES FOR AMALGAMATION / SUB-DIVISION OF PLOTS

Processing of the Proposal for Amalgamation / Sub-division

I. Conditions related to Estate Section

The following conditions shall be applicable to all the cases:

. Plots, which are adjoining to each other, owned by the same person / legal entity / a
Single Owner; have same Landuse, category and sub-category of allotment and FSI; may
be permitted amalgamation subject to adherence of GDCR provisions.
2. Any existing provision prohibiting amalgamation or sub-division in any scheme policy,
marketing booklet or Agreement to lease shall prevail. Amalgamation / sub-division
shall not be permitted for such cases.
3. Modified Agreement to Lease will be executed, with revised plot boundaries and the
special conditions applicable to the sub-divided plot/is for Amalgamation / Sub-division
with prior consent / approval from Planning Dept*
4. On amalgamation / sub-division, the record date of the amalgamated / sub-divided plots
for computation of the lease period shall be the date of the Agreement to lease of the plot
for which the agreement is executed earlier. The computation of the Additional Lease
Premium (ALP) for grant of an extension in construction period, after amalgamation /
sub-division shall be governed by the prevailing policy guidelines, framed in this regard.
5. Prior to amalgamation, the owner has to pay ALP and clear all other Estate services dues
for each plot separately.
6 Once the plots are amalgamated / sub-divided and the Modified Agreement is executed,
then the subsequent Transfer charges shall be calculated as per the area of the
amalgamated / sub-divided plot.
7. For plot upto 300 Sq:mtr., Rs.50,000/- shall be recovered as Amalgamation / Sub-
division charges, further for all other plots the charges to be recovered shall be
Rs.1,00,000/-. (i.e. The Amalgamation / Sub-division charges for multiple plots shall be
calculated by the formula of "(n-1) x charges", where 'n is the number of plots
amalgamated or sub-divided).
8 for constructed premises Administrative charges of Rs.10,000/- for Amalgamation /
Sub-division shall be levied, irrespective of constructed area (i.e. The Amalgamation /
Sub-division charges for constructed premises shall be calculated by the formula of "(n-
1) x charges", where 'nr is the number of units amalgamated or sub-divided).
9. The Plots / Units allotted with concessional rates under schemes, such as EWS / LIG /
sites and services plots under BUDP or other such schemes, of CIDCO, amalgamation /
sub-division will not be permitted.
10. In case of plots with land use of educational, medical, religious, institutional and social
including landuses for benefit of the larger community i.e.. the group of landuses
commonly known as Social Facility plots, amalgamation I sub-division will not be
permitted.

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 t

II. Conditions related to Planning Department:

A. AMALGAMATION:-
1.. General Conditions for Amalgamation:
v-e-the-sanie
FS 1 and have the same Land use category and sub-category may be permitted
amalgamation subject to adherence of GDCR provisions. However, Bungalow plot
& large Residential plot next to each other may not be allowed to amalgamate,
similarly R+C plot and 12.5% plot may not be allowed to amalgamate.
ii) Upon amalgamation, any change °fuse or increase of FSI will be governed by the
relevant provisions of the prevailing GDCRs.
iii) For development on the resultant plot, all provisions of GDCR shall prevail. No
relaxation of any kind will be granted due to resultant shape and size of plot.
Remarks from Planning Department with regard to prevailing GDCRs provisions
regarding road-length, road-width, and such others to be obtained by Estate.
Section.
iv) In case Urban Design. Guidelines are applicable to a scheme / block / sector /
area, clearance to be obtained prior to Amalgamation of plots, from Planning
Department

2. Specific conditions for Bungalow Semi-detached Row House Plots

When plots are amalgamated in originally Bungalow scheme or Row House scheme,
even if the conditions of GDCR Regulation no.- 16.3(1a)I are fulfilled upon
amalgamation, change of use or increase of FSI will not be permitted.

B. SUB-DIVISION
In case of Sub-division of plots,
a) Before sub-division of plots, the clearances / remarks shall be obtained from
Engineering Department for suitability of provision of Infrastructure i.e. Water
supply, Sewerage system, etc.
b) Clearance from Planning Dept., to be obtained prior to sub-division on the shape /
proportions of the resultant individual plot/s to check. for suitability of permissible
FSl consumption and other prevailing rules / regulations / policy etc.
c) In case Urban Design Guidelines are applicable to a scheme / block / sector / area /
plot, clearance to be obtained prior to Sub-division of plot/s, from Planning
Department.
d) The sub-division of plot/s shall be subject to the DCRs provision inter-alia regarding
plot access, road-width, road-length, 163(1a)I, etc.
e) Post sub-division, change of use, if any on individual plot/s shall be subject to
provisions of CIDCO GDCR regulation no.- 16.3(1 a)1.

III, Procedure
Estate Section shall upon receipt of Amalgamation / Sub-division applications, initiate
proposals, procure due approvals and implement the policy.
In case of any discrepancy in above clauses, the decision of VC&MD, CIDCO shall be
final and binding on the Lessee.

6
 XURE.

No. 1.1)(2

The lgentlia of the Board Note ,T3. aced to t le' F.,loard Meetingno. 59- 5 dated 26/8/2016 and

the Board• Resolution. pa.s.-zed !'- espect of ,the sa„i note have been-. perused where

directions have been given to give legal .opinion on t e Proposed policy' guidelines

amalgamation/ sub-division 01 Plots as bro,ight out at Annt,..x.ure - of the said Board Note,

The proposed policy guidelines, .00 amalgamation/ sub.clivision of plots as brought out at
• Annex ire of the said f:-')oard Note has been ear rutty examined. from the legal point t...)f.

view and the suggestions made this 1.(...r....lartrnei in to shell are •as under

Firstly, the decision Of /kmalgamation of Plots ;s required to be co lip?ehensively

for all cat., oriesof allotments made by the C r )oration tnenL7.onid here ;n

Reside itial Plots

Wdisposed by inviting tender

lisposed in favour ), Cw.opc.rat;,Te iousi:ig Societies uncier i ca,-;e c

CO-operative }lousing Socie , .(Ame dment) ifr guhitlniis. 2008 in accordance

with the rest ions _stipnlatec i:- the App

• endix to the said 'Regulation \:.k- hiclt

at Page 337.

Residential cunt

Commercial

•Plots allotted uncier 12,5% scheme

and such. Othel . s us may b -onsiderc:!ci

tne above categories, arilaig,,.-chaon of plots ailotted ;indt.-! he same category sho'.iifi

only be allowed. For eg., a Pint allot:ed• to a C4.-)operative !.•;ocieiy formed by ;...:!eeciom .

figlItcrs --,..annot be allow.ecI amalgamated will ' allotted to a Cooperativt:.'

formed. by offik..:ers \-vorkidg in State govt./ ,:o v, Bodies,
11. . -Hartle - a decision -for arriaiga nas been- talcen rp respect (...n tue nt o

lands • under 12.5<k Scheine tcL .1:.,Tind holders being in Blood relationship

(Mother,fat,her,brother :and :sister. • \vile and children ) from whom lands have been
acquired 'under Tdifferent awards, The cu-ctil;:ir issued b\ the then MD dated 18.1.2011 in
.respect of - the said cumulative allotments to such persons is enclosed at page C. 339.
The said decision may be perused althoUgh the same is not directly related to the

present issue.

The above policy may be modified to the following extent:

1) The condition stipulated in Clause 2 (II) which includes the plot owner by
immediate "blood relations" may he modified to remove the said words as the said
terminology 'immediate blood relations' is a wide term in which several blood relations
may be included, Instead of specifying the combinations of the relations as stated in the
said clause, the said clause may be modified slitting that the said amalgamititm can be
considered if the plots are owned by persons falling within the relations of father.
mother, husband, vile, brother, sister and children.

2) Amalgamations should be considered subject to fulfilment of the following

conditions:

a) Where the us --r5specified in the uree dent. to Lease of both the plots are

the same and FS! allowed in case of both the allotmen s is the same.

The scheme and Categor under which the plots have been allotted. is the same.

• It is specifically Mentioned herein that amalgamation of plots allotted in different

schemes and categories llyira down different conditions of eligibility cannot be
considered, For (maniple.' , plot :.illotted..under 2.o%•schenie plot all(Ated by

inv trig •tender ci,innot be•amalgq:ltritted. Similarly the •plots allotted Cc.r-operlitive

using So(.iety•and the• plot aliott« by inviting tenders cannot be amalgamated.

 PA-7

IV) After the decision of amalgamation of the plots is taken a Modified Agreement is
required to he executed with the Applicants/Allottees. In the said agreement, apart from
the other terms and conditions of amalglimation and construction of buildings on thesaid
plots, it should be specifically mentioned that period of le;:is( for the amalgamated plot
under the said Modified Agreement shall be considered to have commenced from the
date of execution of the Agreement to Lease of the plot which had been allotted
earlier in time and that the licensee under the said Agreement does not have any

grievance against the same.

V) While taking the decision of amalgamation of the plots, due consideration should he
given to• aspects of availability of various infrastructure, including open spaces, transport
facilities, requirements for construction against, fire, water supply, sewerage and
electricity which has been considered as a serious issue in various matters before High

Court and Supreme Court. In SLP(C ) No. 33402 of 2012 Municipal Corporation of

Greater Mumbai Kohinoor CTNL Infrastructure Company (F) Ltd and

another, the Hon'ble Supreme Court has considered these issues and passed a detailed
order dated 17.12.2013. The said order is annexed at Page 341 to 365. The said order
may be perused and considered for the purpose of taking decision in the above

individual cases.

VI) While perusing the file of Mayuresh Developers who had also made an application
for amalgamation of his Plot nos. 75 and 76, Sector 15 situated at CBD Beiapur, it was
observed that the then. Chief Planner had opined that in cases where amalgamation of
plots leads to increase in the number of tenements that shall be constructed on the
amalgarmited plot, a policy should be rivide for the purpose of le.vying some charges in
'stich cases to generate revenue for the ( orporation, -this may he Ulken into
consideration.

Nil) This policy should be formulated after taking the opinion of the Estate Department

a nd Sr. Economist.

vfj
Sr. Law Officer (i/e) 1

SP (P

f' 3.) TPO

.1.-4

Ui
Continued by N/31 e

With reference to the noting of lic Sr. Law Officer in the para VI) on N/31, it is submitted
that the plots are sold on the basis of FSI and the number of of tenements permitted to
be constructed is not specified; hence there is no question of increase in number of
tenements due to amalgamation. Accordingly it will not be advisable to levy additional
charges other than the charges proposed for amalgamation.

In addition to the points brought out on pre pages, the observations of Estate Dept. as
follows:

• The Board vide BR No 11496 dated 01.12.2015 resolved to inquire into the reasons
of permitting multi-dwelling units in the absence of existence of any policy in the
past and fix responsibility for the same.

In this connection it is submitted that in the past, the Building Permission Depts of
both CIDCO as well as NMMC has granted development permission to bunglow/ row
house plots to construct multi-family dwellings and OC has also been granted.
Further the Estate Dept. has granted the Lease Deed and transfers were also
permitted till December 2009, when the then MD issued a circular dated 23.12.2009
restricting multifamily dwellings in bunglow/rowhouse plots.

It is further submitted_
that even today, in NMMC area, the NMMC being Planniag
Authority is granting development permission for constructing multifamilty dwelling
_
units in bungalowfiowhouse plots, inspite of letters from the Estate Dept. that the
Agreement to Lease / Special conditions of Marketing booklet/ CIDCO policy does
not permit the same.

This aspect needs to be viewed from the point of view of the buyers of such
tenements who are adversely affected as today Estate Dept of CIDCO considers such
apartments as unauthorised and no Estate services are provided to them inspite of
possessing all necessary legal approvals and permissions from the Competent
Authorities.

In many such cases, although the plot owners have a valid Commencement
Certificate, the Estate Dept is not issuing the No Dues certificate to such plots for
obtaining the Occupancy Certificate and as a result the ALP payable toward
extension in time is increasing without any relief to such plot holders. Many such

c) A
 cases a-Fe-u-n-reselvect-arvd- these-apar • * " e y_follavving up
with the Estate Dept seeking relief.

In view of the above, it is recommended that in Para 4 of the Board Note the following
additional para needs to be added pertaining to multifamily dwellings -
In all cases of Bunglow/Row House plots of area upto 500 sqm, wherein the construction
is completed and Occupancy Certificate is granted by the concerned Planning Authority
i.e. CIOCO or NMMC, permitting multi-dwellings, then the apartments so constructed shall
be permitted irrespective of carpet area of the individual tenements so constructed and
permissions for transfer, mortgage, lease etc. shall be granted in all such cases prior to the
passing of this Board Resolution. However after passing of this Board Resolution, no such
relaxation shall be granted

Further these apartments may be regularized on payment of penalty of one additional

transfer charge based on carpet area of the tenement.

• Annexure - I , 1(5) - It is submitted that once the plot is amalgamated and the modified

agreement is executed then transfer charges shall be calculated as per the area of the

amalgamated plot.

• Annexure - 1 (II) 2(b) - this restriction should be only for Bungalow/row house plot and not

for other residential plots.

Submitted

Estate Officer (HQ)

Manager (Tow/ervices-1)

2-410 )1L

pleot see, IN:

 9 a 016

November 4, 2016

Sub: Board Nate on Amalgamation/sub-division of plots.

The Board Note pertaining to the Amalgamation/sub-division of plots and the annexure
listing the proposed policy guidelines placed at 0/293 to C/315 have been perused from
the point of view of Economics Section.

The Land Pricing and Land Disposal policy approved by CIDCO Board vide BR No
11375 dated 23.06.2015 has prescribed various Base Rates taking into account the
characteristics of plots like Land Use, FSI, etc. As long as these characteristics like
Land Use, FSI remain same while Amalgamation/sub-division of plots, the Base Rate
prescribed by the said policy is not likely to change. Therefore it is felt that the Board
Note as well as annexure, which have listed the proposed guidelines, should only
recommend amalgamating / sub-dividing the adjoining plots which have similar
characteristics in terms of Land Use, FSI etc.

However, it will be important to examine whether the ratio of required marginal space
and Built up area varies after the amalgamation/subdivision and whether the built up
area would increase/decrease accordingly. If in case, the built up area increases and
which in turn permit to construct additional number of dwelling units/tenements, the
policy should make provision for levying some charges in order to generate some
revenue for the Corporation.
Submitted Please

(1\-
Economist
(EN 34028)

Sr Ecp/omist
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