...known as the “Bhendi Bazar Area” and which has been granted in-principle approval for re-development under DCR 33(9). The Petitioners are the certified tenants/occupants as per the list prepared by...redeveloping the Bhendi Bazaar Area under DCR 33(9) read with Appendix IIIA, and accordingly, submitted a detailed proposal to the HPC on 7 April, 2011 for its in-principle approval in terms of DCR 33(...different characteristics in any cluster redevelopment/urban renewal scheme, as per the provisions of Appendix IIIA to DCR 33(9), a HPC is to be constituted which shall be competent to approve Urban Renewal...

...Regulation 33(9) of the Development Control Regulations, 1991 [hereinafter referred to as “DCR 33(9)”] and for a direction against Respondent Nos. 1 to 5 to inquire into the alleged illegalities and...dated 10 August, 2011.2. Before we deal with the facts of the case it would be appropriate to make note of DCR 33(9). DCR 33(9) deals with reconstruction or re-devel...of cluster(s) of Buildings under Urban Renewal Schemes and contemplates constitution of a High Power Committee (HPC). A detailed proposal for re-development under DCR 33(9) is first submitted to the...

...proponent. Simultaneously, DCR 33(9) came to be substituted. Whereas DCR 33(7) relates to the redevelopment of cessed structures, DCR 33(9) deals with reconstruction or redevelop...approval for redevelopment under DCR 33(9) on 12 January, 2010. A Letter of Intent was issued by the High Power Committee set up by the State Government on 6 February, 2010. The Municipal Corporation...the consent of 70% of the occupants. However, the issue in the case was whether following an increase in the FSI for a DCR 33(9) scheme, the occupants were entitled to additional benefit in accordance...

...municipal tenants. On 9 October, 2002, the municipal tenants of C.S 1/367 formed the Twelfth Respondent as a proposed Co-operative Housing Society and submitted a proposal for redevelopment under DCR 33...February, 2008.8 On 2 March 2009, the provisions of DCR 33(9) as modified came into force. DCR 33(9) provides for reconstruction or redevelopment of cessed buildings/Urban Renewal S...dwellers therein; or(c) Independently by land owners and/or Co-operative Housing Societies of tenants/occupiers of buildings or developers. DCR 33(9) provides an FSI of 4.00 or the FSI...

...DCR 33(9) as modified came into force. DCR 33(9) provides for reconstruction or redevelopment of cessed buildings / Urban Renewal Schemes in the Island City, undertaken by- (a) T...; or (c) Independently by land owners and/or Co-operative Housing Societies of tenants /occupiers of buildings or developers. DCR 33(9) provides an FSI of 4.00 or the FSI required for.... 1/367 under DCR 33(9) on 17 March 2009. On 20 March 2009, a note was put up by the Deputy Chief Engineer and the Additional Municipal Commissioner to issue a revised Annexure-II to...

...Bazar, Mumbai-3. The structure in question is a part and parcel of an area which is known as the "Bhendi Bazar Area" and which has been granted in-principle approval for re-development under DCR 33(9). The...undertaken the responsibility of redeveloping the Bhendi Bazaar Area under DCR 33(9) read with Appendix IIIA, and accordingly, submitted a detailed proposal to the HPC on 7thApril, 2011 for its...in-principle approval in terms of DCR 33(9) read with Appendix IIIA thereof, along with supporting documents and plans. Once the HPC scrutinized the proposal and was in favour of re-development, it...

...Bazar, Mumbai-3. The structure in question is a part and parcel of an area which is known as the "Bhendi Bazar Area" and which has been granted in-principle approval for re-development under DCR 33(9). The...undertaken the responsibility of redeveloping the Bhendi Bazaar Area under DCR 33(9) read with Appendix IIIA, and accordingly, submitted a detailed proposal to the HPC on 7thApril, 2011 for its...in-principle approval in terms of DCR 33(9) read with Appendix IIIA thereof, along with supporting documents and plans. Once the HPC scrutinized the proposal and was in favour of re-development, it...

...Area" and which has been granted in-principle approval for re-development under DCR 33(9). The Petitioners are the certified tenants/occupants as per the list prepared by MBRRB...dangerous and precarious condition. 4. Respondent No.3 - SBUT has undertaken the responsibility of redeveloping the Bhendi Bazaar Area under DCR 33(9) read with Appendix...IIIA, and accordingly, submitted a detailed proposal to the HPC on 7thApril, 2011 for its in-principle approval in terms of DCR 33(9) read with Appendix IIIA thereof, along with supporting...

..., which has undertaken the work of redevelopment of the entire area, including the subject building, under DCR 33(9). In pursuance of the redevelopment scheme, Respondent No. 5 required the...Engineer of MBRRB passed the impugned order directing eviction of the Petitioners under Section 95A of the Act.3. DCR 33(9) concerns cluster redevelopment of buildings coming within Urban...building in which the subject premises are situated is part of the redevelopment scheme under DCR 33(9) and that the premises are required to be vacated for implementation of the scheme. All jurisdictional...

.... By this Writ Petition, challenge has inter alia been laid to the Letter of Intent (LOI) dated 10thAugust, 2011 issued in favour of the Respondent No.6 under Regulation 33(9) of the Development Control Regulations...10thAugust, 2011. 2. Before we deal with the facts of the case it would be appropriate to make note of DCR 33(9). DCR 33(9) deals with re...property of the people not only residing there but also commuting through that area, Respondent No.6 undertook the onus and responsibility to develop the Bhendi Bazar Area under DCR 33(9) as an Urban Renewal...

...6th May, 2014, (ii) second impugned letter bearing No. CMS/TPB-4313/507/Case No. 65/2014.UD-11 dated 6 May, 2014 and (iii) third impugned letter bearing No. ERR/DCR 33(9)/371.MBRRB-10...Act, 1976). The said scheme was popularly known as “DCR 33(9)”. Under the said scheme, Government decided to provide incentive FSI and other relaxations as specified in Appendix III-A of DCR 33(9)...the occupants were languishing in transit camp accommodation or residing in dilapidated structures standing at the site, they decided to avail the benefit of the scheme under DCR 33(9). They formed...

...gazette the said lands stood vested absolutely with respondent No. 3 free from all encumbrances. Under DCR 33(9), respondent Nos. 3 to 5 are empowered to carry out reconstruction of cessed buildings...laid down for the purpose of implementation of redevelopment scheme by availing floor space index (FSI) in accordance with DCR 33(9). Supreme Court vide order dated 07.03.2003 approved the scheme in...property. In this connection, letter of intent came to be issued to the petitioners on 10.08.2007. 25. However, it is stated that DCR 33(9) was amended with effect from...

...construction schemes under DCRs 33(7), 33(8) and 33(9). DCR 33(7) is regarding reconstruction or redevelopment of cessed buildings in the island city, by cooperative housing societies, or of old...buildings belonging to the Municipal Corporation or the Police Department, and it grants FSI of 2.5 plus incentive FSI as specified in Appendix III, whichever is more. DCR 33(8) is regarding construction for housing the dishoused, b...from DCR 31(1) under DCRs 33(7), 33(8), and 33(9) is justified, valid and legal particularly in the island city of Greater Mumbai? If so, to what extent and in which context...

...occupants, have been fulfilled. (G) The said order has also been passed in flagrant violation of the provisions of the MHAD Act, 1976 and DCR 33 (9). ...raised additional grounds. It was, inter alia, asserted that the impugned notice and order are contrary to the provisions contained in Regulation 33 (9) of the Development Control Regulations (DCR). Once...the provisions of DCR 33 (9) are made applicable and the proposal is processed under Urban Renewal Scheme/Cluster Development Scheme (CDS), according to the petitioners, the provisions of Section 95A...

...and contrast the provisions of Clause 18 in Appendix III applicable to DCR 33(7) with the provisions of Clause 15 in Appendix III applicable to DCR 33(9) and the provisions of Clause 1.18 in Appendix...IV applicable to DCR 33(10). The said clauses are set out hereunder for easy comparison and contrast:Clause 18 in Appendix III applicable to DCR 33(7) Clause 15 in Appendix III applicable to ...DCR 33(7) of the Development Control Regulations for Greater Mumbai, 1991. For that purpose, the developer engaged by the occupants applied for NOC of respondent No. 1 Board.While...

...-2016 DCR 33 (9)(B) was introduced under Section 37(1)(AA). DCR 33(9)(B) provides for reconstruction or redevelopment of the BDD Chawls at Naigaon, Worli, and N.M. Joshi Marg under the Ur.... 14. It is submitted that the scheme of redevelopment of BDD Chawls is based on the provisions of the DCR for Greater Bombay, 1991 i.e. 33(9) (B) r/w appendix iii (B). The validity of ...introducing new DCR 33(9) (B) and Appendix -III B. The Petitioners had not objected at that time. The present petition filed in June 2019. Same deserves to be dismissed on the ground of delay. Before...

...support of the scheme was required to be determined with reference to municipal tenants.9. The Petitioners submitted a proposal for redevelopment of C.S. 1/367 under DCR 33(9) on 17 March...proposal under DCR 33(7) was more beneficial to the Corporation than DCR 33(9). The minutes record that the First Petitioner is a society of Slum Dwellers while the Twelfth Respondent has the consent of...more than 70% of the tenants. The proposal of the Petitioners was, therefore, rejected. On 1 April 2009, minutes were recorded for rejecting the proposal of the Petitioners under DCR 33(9). The...

... 8 applicable to DCR 33(7) with the provisions of clause 15 in Appendix III applicable to DCR 33(9) and the provisions of c... 1.18 in Appendix IV applicable to DCR 33(10). The said clauses are set out hereunder for easy comparison and contrast: Clause 18 in Appendi...to DCR 33(7) places the issue beyond any doubt. 9 11. We, therefore, find...

...Society (respondent No. 54) under DCR 33(9) on 21 August, 2008 and it was after the intervention of a Member of Parliament that the processing of the proposal under DCR 33(10) was initiated; (iii) In the...event that the development of the land takes place under DCR 33(7), the occupants would be entitled to a minimum of 300 sq.ft in the redeveloped building upto a maximum of 700 sq.ft, whereas in the...case of a redevelopment under DCR 33(10) alternate accommodation to the extent of 270 sq.ft is provided; (iv) The competent authority ought to have given an opportunity of a personal hearing to the...

...Development Control Regulations Act 2034 more particularly Regulation 33 (9) sub-clause 4. He submitted that what is contemplated under 33(9) sub-clause 4 is that if the competitive authority could garner 51% of ea...2024 and the GR was issued thereafter on 23rdFebruary 2024. 13.1) Now, DCR 33(9)(b) read with sub-clause 4 (as highlighted in bold above) is unambiguous and gives rights to the State to...develop lands as provided therein. DCR 33(9)(b) provides that MHADA/MCGM, jointly with landowners and/or Co-op Housing Societies of tenants/ occupiers of 19/25...