HERITAGE REGULATIONS FOR GREATER BOMBAY, 1995

Regulation No. 67 regarding conservation of listed buildings, areas. artifacts,

structures and precincts of historical, aesthetical, architectural and cultural

value

Final sanction to the

GOVERNMENT OF MAHARASHTRA URBAN DEVELOPMENT

DEPARTMENT

Mantralaya, Bombay 400 032

Resolution No, DCR. 1090/3197/RDP/UD41, dated 21st April, 1995

RESOLUTION

Maharashtra Regional and Town Planning Act, 1966

Whereas, the Municipal Corporation of Greater Bombay (hereinafter referred to as ‘the said Municipal Corporation’) being the Planning Authority for the areas under its jurisdiction under clause (19) of section 2 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) (hereinafter referred to as ‘the said Act”) has, by a declaration under sub-section (I) of section 23. read with section 3 of the said Act, given notice of its intention to prepare a Revised Development Plan for Greater Bombay, which has been published in the Maharashtra Government Gazette, Bombay Divisional Supplement of 13th January, 1977;

And whereas, the Municipal Corporation after following the legal formalities stipulated under the said Act has submitted under sub-section (1) of section 30 of the said Act, the Revised Draft Building Bye-Laws and Development Control Rules for Greater Bombay to the State Government on 30th April, 1985 for sanction;

And whereas, by Government Notice, Urban Development Department No. DCR.

1089/381 4/RDP/Ud- 11, dated 14th December, 1989, published in the Maharashtra

Government Gazette, Part I, Konkan Divisional Supplement, the draft Development

Control Rules for Greater Bombay, 1989 (hereinafter called “ said draft Development

Control Rules”) we published for public objections and suggestions.

And whereas, it was considered expedient to modify the said draft Development Control Rules by the addition of two Regulations No. 67 and 68 as specified jot he Schedule appended thereto;

And whereas, by Government Notification, Urban Development Department.

No. DCR-1090/3l97(a)/RDP/UD-1l, dated 20th February, 1991, published in the

Maharashtra Government Gazette, Part I, Konkan Divisional supplement. the Draft

Development Control Regulation No. 67 for Greater Bombay. 1991 was published

for inviting suggestions and objections.

And whereas, by the notification No. DCR- 1090/3197(b) RDP/UD- II, dated 20th February, 1991 a list of such buildings and precincts of historical, aesthetical, architectural or cultural value was also published and objections and suggestions on the said list were also invited;

And whereas, Government had appointed Shri G.S. Pantbalekundri. Deputy Director of Town Planning and Ex-officio Deputy Secretary to Government, Urban Development Department to be the officer for the purpose of hearing objections suggestion from any person in respect of the said Draft Regulation No. 67 and to submit his report thereon for the consideration of Government;

And whereas, on September 27, 1991, Government has published a subsequent notification setting out the classification of the buildings/precincts in certain grades and indicating the effect of the Draft Regulation No. 67 on the different grades of the said buildings and precincts and called for suggestions on the said notification;

And whereas, the said officer has submitted his report after giving due hearing to the persons who have raised objections and given suggestion on the said Draft

Regulation No. 67 and the said classification;

And whereas, in accordance with sub-section (3) of section 31 of the said Act,

Government has taken into consideration the objections and suggestions received

and report of the said officer;

And whereas, in accordance with fIrst proviso to sub. section (I) of section 31 of the said Act the Government, has by Its notification No TPB-4387/7 I 6/UD- II (RDP). dated 23rd February, 1995 extended the period for sanctioning the said Development Plan and draft Development Control Regulations up to and inclusive on 31st October.

1995;

Now therefore, in exercise of powers conferred by sub-section (I) of section 31 of the said Act and all other powers enabling it in that behalf, the Government hereby-

(a) Sanctions the Development Control Regulation No.67 along with appendix VIIA as specified in the Schedule appended here to and;

(b) Fixes 1st June 1995 to be the date on which the said Regulation No. 67 as specified in the Schedule to this notification shall come in to force.

SCHEDULE

Regulation No. 67.-Conservation of listed buildings, areas, artifacts, structures and precincts of historical and/or aesthetical and/or architectural and or cultural value

(heritage buildings and heritage precincts).

1.Applicability-This regulation will apply to those buildings, artifacts, structures and/or precincts of historical and/or aesthetical and/or architectural and/or cultural value (hereinafter referred to as Listed Buildings/Heritage Buildings and Listed precincts/Heritage precincts) which will be listed in notification (s) to he issued by the Government.

2. Restriction on Development/Redevelopment/Repairs, etc.

(i) No development or redevelopment or engineering operation o r additions, alterations, repairs, renovation including the painting of buildings, replacement of special features or demolition of the whole or any part thereof or plastering of said listed/heritage buildings or listed/Heritage precincts shall be allowed except with the prior written permission of the Commissioner. The Commissioner shall act on the advice of/in consultation with the Heritage Conservation Committee to be appointed by Government (hereinafter called the said Heritage conservation Committed )

Provided that in exceptional cases for reasons to be recorded in writing the Commissioner may overrule the recommendation of the Heritage Conservation Committee;

Provided that the power to overrule the recommendations of the Heritage Conservation Committee shall not be delegated by the Commissioner to any other officer.

(ii) In relation to religious buildings in the said list, the changes, repairs, additions, alterations and renovations required on religious grounds mentioned in sacred texts, or as a part of holy practices laid down in religious codes shall be treated as permissible, subject to their being in accordance and consonance with the original structure and architecture, designs, aesthetics and other special features thereof. Provided that before arriving at his decision, the Commissioner shall take into consideration the recommendations of the Heritage Conservation Committee.

3. Preparation of list Heritage Building and Heritage precincts.. The said list of buildings, artifacts, structures and precincts of historical, and/ or aesthetical, and for architectural and/or cultural value to which this regulations applies shall not bun part of this Regulation for the purpose of section 37 of the Maharashtra Regional and Town Planning Act, 1966. This List may be supplemented altered, deleted or modified from time to time by Government on receipt-of receipt of proposals form the Commissioner or from the said Heritage Conservation committee, or by Government suo motu, provided that before the list is supplemented, altered, deleted or modified, objections and suggestions from the public be invited and duly considered by the Commissioner and/or by Government.

4. Power to Alter, Modify or Relax Regulations. - With the approval of Government and after consultation with the said Heritage Conservation Committee the Commissioner shall have the power to alter, modify or relax the provisions of other Regulations of the Development Control Regulations of Greater Bombay 1991 (hereinafter referred to as the said Regulations’) if it is needed for the convection preservation or retention of historical aesthetical, cultural or architectural quality of any listed Buildings. Heritage Building or listed Precincts/Heritage Precinct.

5. Hearing etc. to persons likely to be affected.- Provided that in case any alterations, modifications or relazations of any of the provisions of the Development Control Regulation, 1991 will cause undue loss to the owners/lessees of Heritage Buildings/Heritage Precincts, the Commissioner shall give an opportunity of hearing to the said owner/lessee and to the public.

6. Grant of Transferable Development Rights in cases of loss of Development Rights.- If any application for development is refused under this Regulation or conditions are imposed while permitting such development which deprive the owner lessee of any unconsumed FSI the said owner/lessee shall be compensated by grant of Development Rights Certificate (hereinafter referred to as “TDR”) of the nature set out in Development Control Regulation No. 34 and Appendix VIJA and as may be prescribed by Government from time to time. The TDR from heritage buildings in the island city may also he consumed in the same ward from which it originated. The extent of TDR Certificates to be granted may he determined by the Commissioner. if required in consultation with the Heritage Conservation Committee and will not he awarded unless sanctioned by Government.

7. Maintaining Sky Line- Buildings included in Listed Heritage precincts shall maintain the sky line in the precinct (without any highrise development) as may be existing in the surrounding area, so as not o diminish or destroy the value and beauty of the said listed Heritage Buildings/Heritage precincts. The Development within the precinct shall b in accordance with the guidelines framed by Commissioner in consultation with heritage Conservation Committee.

8. Restrictive Covenantal. Restrictions existing as on date of this notification imposed under convenants, terms and conditions on the leasehold plots either by State Government or by Bombay Port Trust or by Bombay Municipal Corporation shall continue to be imposed in add it in to Development Control Regulations. However in case of any conflict with the heritage preservation interest, the said Regulations shall prevail.

9. Repair Fund.- Non-cessed buildings included in the said list shall he repaired by the owners/lessees of the said buildings themselves or if they are cessed buildings those can be repaired by MHADA or by the owner or by the Co-operative Society or the owners and for occupiers of the old building. With a view to give monetary help for such repairs a separate fund may be created, which would he kept at the disposal of Municipal Commissioner, Bombay Municipal Corporation, who will make disbursement form the funds in consultation with Heritage Conservation Committee. Provision for such a fund may be made though District Planning and Development Council Budget.

10. Grading of the Listed Buildings/Listed Precincts. -In the last column of the said list of Heritage buildings Heritage precincts, ‘Grades’ such as 1,11 or Ill have been indicated. The meaning of these Grades and basic guidelines for development permissions are as follows:-

Listing does not prevent change of ownership or usage. However such usage should be in harmony with the said listed precinct/building. Care will be taken to ensure that the development permission relating to these buildings is given without delay.