If there is a case of the development of the land reserved for the public purpose, then the reservations of the DP of 1991 will continue to be in force including those proposed to be deleted in the draft D P 2034. Similarly in case control of other development, all the other aspects of development shall continue to be governed by the DCR 1991 including payments for the premium as amended up to date until the draft D R 2034 is sanctioned.
While the Development Plan seems to be in limbo as State Government is yet to endorse it considering the widespread angst against the same, BMC comes up with a transitional circular which specifies do's and don'ts for the engineers of the Building Proposals Department for addressing the day to day need. Given the circular, all the projects are scrutinized closely in case there are any reservations involved in the projects. This has, naturally unnerved the developers as the circular has slowed down the number of approvals of projects.
Developers in the city are apprehensive about how their projects as it will be judged if the plot where they have undertaken the development comes under specific reservation or no. There is sudden rush in submitting proposals as there is lot of confusion in minds of the developers. Civic sources claim that those projects which have been issued IOD prior to 25 February 2015 and is valid on 25th February 2015 will be given go ahead during the transitional period between the 25 February 2015 – the date of draft D P 2034 was proposed and the final approval of the DP 2034.
If there is a case of the development of the land reserved for the public purpose, then the reservations of the DP of 1991 will continue to be in force including those proposed to be deleted in the draft D P 2034. Similarly in case control of other development, all the other aspects of development shall continue to be governed by the DCR 1991 including payments for the premium as amended up to date until the draft D R 2034 is sanctioned.
The circular states that the proposed land use plan contained in the draft development plan 2034 would have implications for the sanctioning building proposals under the provisions of section 46 of the MRTP Act. "Therefore, there is a need to spell out a policy to deal with building proposals during the transitional period i.e. from the date of publication of the draft D.P. 2034 as per as per section 26 (1) of the MRTP Act till the date of final sanction of the draft D.P. 2034 by the State Government as per the provisions of Section 31 of the MRTP Act. In spelling out these guidelines an attempt has been made to balance the need for adhering to the MRTP Act provisions with the imperative of ensuring that the construction industry and it's consumer experience a smooth transition to the new DP/DCR regime", the circular says.
As per section 46 of the MRTP Act, 1966, "The planning authority in considering application for permission shall have due regard to the provisions of any draft or final plan or proposal published by means of notice submitted or sanctioned under this Act". But the BMC has come up with transitional arrangement.
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