Development control Regulations 1991 ( Mumbai)

Concept of FSI ( FLOOR SPACE INDEX)

Concept of TDR ( TRANSFER OF DEVELOPMENT RIGHTS)

The Development Control Regulations of Greater Bombay, 1991 is a legislation which contains
detailed provisions for development purpose imposing checks at every level to ensure that no
illegal or unauthorized development takes place

Definitions

2(42)- "Floor Space Index (FSI)" means the quotient of the ratio of
t h e combined gross floor area of all floors, excepting areas specifically
exempted under these Regulations, to the total area of the plot, viz. :—

Floor Space Index (FSI) =

Total covered area on all floors

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Plot area

What is Floor Space Index (FSI)?

The total floor space area of all the floors by the complete area of the plot is known as the floor
space index. It is basically a ratio that helps in deciding how much construction must be done on
a piece of land.

The value of the floor space index depends on the factors such as amenities, building type and
zone category of the city. The entire structure allowed on a particular plot depends on various
parameters, including the size of the plot, locality of the plot, and end-use of the building being
constructed, among other parameters.

The developers need to follow the floor space index decided by the government body. Moreover,
the floor space index or the floor area ratio includes various components defined by various
State governments and local authorities. Developers are entitled to some part of FSI for free as
well.

The other area needs to be bought from the authorities by paying a premium. In some cases,
the concept of premium floor space index or FSI is also applied.
Presently, different governing bodies, including Municipal Corporations, Municipal Councils, and
other authorities, have different criteria for affixing the maximum FSI for a particular area.

Floor Space Index Formula

The calculation of floor area ratio or floor space index is as follows:

Floor Space Index Formula = Total built-up area (total area constructed) divided by Total Area of
the Plot

Also, the total built-up area = Total area of the plot x FSI permitted

For instance, supposedly, there is a piece of the plot which is of area 1,000 sqft. If the floor
space index is FSI is 2.0, then a total construction of 2,000 sqft can be done on that plot.
(2,000/1,000=2).

Also, in the case, if the FSI permissible is 1.0, then only 1,000 sqft of construction can be done
on that plot measuring 1,000 sqft.

32. Floor Space Indices and Tenement Density:-

The maximum permissible Floor Space Indices and tenement densities for
various occupancies and locations and for various use zones are given in Table 14
hereunder.
33. Additional Floor Space Index which may be allowed in certain categories:-

(1 ) Road Widening and Construction of new Roads

(2) Building of Educational and Medical Institutions, Institutional Buildings:—
(3) Building of Government/Semi-Government offices and public sector
undertakings
(4) Buildings of Starred Category Residential Hotels:
(5) Low cost housing schemes of the Maharashtra Housing and Area
Development Authority.
(6) Reconstruction of buildings destroyed by fire which have collapsed or
which have been demolished,
(7) Reconstruction and redevelopment of cessed buildings in the Island City
by Co-operative Housing Societies or of old buildings belonging to the
Corporation
(8) Construction for Housing the Dishoused:—For the construction of
the building by the Corporation in the category of "Housing the Dishoused" in the
Island of City for the purpose of Housing those who are displaced by the projects
undertaken by the Corporation
(9) Repairs and reconstruction of cessed buildings and Urban Renewal
Scheme
(10) Rehabilitation of slum dwellers through owners/developers/ co-
operative housing societies
1 1 ) Sites and Services, Small Size Tenements, under the Urban Land (Ceiling
and Regulations) Act, 1976
(12) Development by Maharashtra Housing and Area Development
Authority with World Bank Assistance:
(13) Development of sites reserved for Resettlement & Rehabilitation of Project
Affected Persons
(14) Redevelopment of contravening structures included in the final plot of a town planning
scheme
15. For the redevelopment/reconstruction of contravening structures
s i t u a t e d in the Town Planning Schemes
(16) Buildings of Information Technology Establishment (pertaining to software
only)

35. Floor Space Index computation:-

( 1 ) Floor Space Index/Built-up calculations.—The total area of a plot shall

be reckoned in floor space index/built-up area calculations applicable only lo new
development to be undertaken hereafter as under:—
(i) The occupation certificate for buildings constructed for
residential/commercial use shall be granted by the Commissioner only after
recreational area is developed and structures for recreational activities are actually
provided on site.

(ii) In case of Government/Semi-Government Departments and

Organisations/Public Sector Authorities/Undertakings such as the Atomic Energy Department,
the Civil Aviation Department, Airport Authority of India. Defence
Authorities. Railway Authorities and the Bombay Port Trust, for computing the
available floor space index, the areas of lands not designated/reserved but shown as
such in the development plan for the following purposes shall be excluded—
(a) Playgrounds, stadia, golf courses;
(b) Parade grounds, training grounds, firing ranges;
(c) Green areas within their complexes;
(d) Lands kept open for operational purposes;
(e) Lands under major internal roads;
(f) Railway tracks and yards;
(g) Lands unauthorisedly reclaimed;
(h) Lands of air-fields and air-strips.

32 (2) Exclusion from FSI computation:—

The following shall not be counted towards FSI:—

(a) Areas of structures permitted in recreational open space under
clause (g) of sub-regulation ( 1 ) of Regulation 23.

(b) Areas covered by features permitted in open spaces as listed in

Regulation 30.

(c) Areas covered by stair-case rooms, lift rooms above the topmost
storey, lift-wells and stair-cases and passages thereto architectural features,
chimneys and elevated tanks of permissible dimensions in respect of
buildings in the Island City, Suburbs and extended Suburbs with the special
permission of the Commissioner.
Provided that in the wards of the Island City such exclusion from FSI
computation will be available in respect of buildings to be constructed or
reconstructed only, the same being not available for existing buildings or
proposals decided by the Corporation prior to the coming into force of these
Regulations.

But not for the Schemes of rehabilitation of slum dwellers through

owners/Developers/co-operative societies undertaken under sub-regulation 10 of
Regulation 33.
Provided further that where the permissible FSI has not been exhausted
in the case of existing buildings and cases decided by the Corporation prior to
coming into force of these Regulations, the exclusion from FSI computation as in
these Regulations w i l l be available for construction of the balance potential.
Provided further that for reconstruction scheme with FSI exceeding 2.00
under Development Control Regulation Nos. 33 (66) such exclusion will be
permissible as per guidelines hereunder".
i) While working out total existing built up area the built-up area of
existing staircase will be taken into account.
i i ) In redevelopment/reconstruction schemes, the staircase and lift-well
areas as per the provisions of said regulations will be permitted free of FSI.
i i i ) The premium for the area of the staircase and lift-well be recovered
after working out area of the staircase and lift-well in the proposed building
minus area of the existing staircase, lift-well, etc. If any.

Landmark cases
Supreme Court of India

Indian City Properties Ltd. & Anr v. The Municipal Commissioner of Greater Bombay
Facts

The first appellant, the owner of Plot No. 2M/748 situated at M.L. Dhanukar Marg, Mumbai, has
let out the bungalow and the outhouse to the appellant No.2 for use as a guest house. On 16th
November, 1999 a notice was issued to the appellants under Section 299 of the Mumbai
Municipal Corporation Act, 1888, to the effect that the Corporation would take possession of
“certain land not within permissible Floor Space Index of the building” and forming part of the
premises within the regular line of public street as prescribed by the Commissioner, under
Section 299 of the Act.

The proposed acquisition affected the following permanent existing structures in the premises to
the extent indicated:

Servants Room in two parts a)13′-6″x 9′-6″ 128.25 (Ground Floor structure) b) 12′-6″x20′-6
256.25
Security Cabin (Ground Floor Structure) 6′-6×6′-6′ 42.25
Pump Room with Compressor 9′-0″x6′-0″ 54.00 (Ground Floor Structure)
Underground RCC tank with Cylinder shape precast tank 14′-6″x 11′-6″ 166.75 on Top
A.C. Plant 12′-6x 10′-6″ 131.25
Part portion of Main Structure in a) 2×13′.6″x10′-0″ 270 two parts viz. Ground and First b)
2×9′-0″x2′-6″ 22.50 Floors, staircase, part bed room.
The notice was challenged by the appellants under Article 226 of the Constitution. However, the
decision was unfavourable.

Issue
Is the order of the High Court correct or an error has been made?

Judgement

Floor Space Index (FSI) as defined in regulation 3(42) of Development Control Regulations of
Greater Bombay, 1991 merely relates to the permission to build having regard to various
features such as height of the building, tenement density, object with which the building is to be
erected etc. and not to Open space and Features permitted in open space as laid down in
regulation 3(64) and 30 respectively. The appellants’ case pertains to open space and features
permitted therein and is also well within FSI computation as per regulation 35, hence the notice
specifying possession was declared to not have any legal effect and the Authority was directed
not to proceed along its lines.

Bombay High Court

Nalini Ganpat Malpekar & Others v. Municipal Corporation of Greater Mumbai & Others
Facts

The tenants/occupants of the Parsi Chawl formed a society, being Pavanputra Co-operative
Housing Society and submitted their separate proposal for redevelopment. It is located in Dadar,
Mumbai. Admittedly, the Corporation is the owner of both the plot of the chawl and the chawl.
However, some occupants were against the proposal.

The proposal was accepted and order was passed by the Joint Commissioner on 25.11.2005.
This order permitted development of the Parsi Chawl into a society and consequently an order
of eviction was passed.

The dissenting occupants challenged the order of eviction wherein the order of Principal Judge,
City Civil and Sessions Court, Greater Bombay was unfavourable for them. Hence, this writ
petition has been filed.

Issue

Should the order of City Civil and Sessions Court be reversed or not?

Judgement

As per the Administrative Guidelines for the redevelopment of old Municipal properties by
Municipal Tenants Co-operative Housing Societies on the land owned by the Corporation under
Regulation no.33 (7) Appendix III of the Development Central Regulations for Greater Bombay,
1991, it is necessary that more than 70% of the eligible existing Municipal tenants should give
written consent to redevelop the property under the scheme and form an
association/co-operative society and initiate proposal of development. There is no dispute that
more than 80% tenants/occupants of the Parsi Chawl have formed a society (Pavanputra) and
their proposal for redevelopment has been sanctioned by the Improvement Committee of the
Corporation on 8.8.2006.

Under the guidelines, no choice is given to the tenants/occupants, who are in minority, i.e. 30%
or less, to take different stand/decision, though it may be possible for such tenant/occupant or a
group of tenants/occupants to give up their right and quit from the scheme. However, once 70%
or more tenants/occupants give written consent to redevelop the property under the scheme
and form an association/co-operative society and initiate proposal of redevelopment and if the
scheme/proposal is approved by the Corporation, it is binding on all the tenants of the
chawl/building whether they like it or not. If tenants in minority or non-co-operative tenants are
given a choice to become members of any other society, as of right, perhaps that will create
chaos and no redevelopment would ever progress smoothly.

Thus the order of eviction was held to be completely valid.