Objections and suggestions in response to Metro Public Notice

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Prashant Inamdar-PedFIRST

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Aug 24, 2014, 7:42:42 AM8/24/14
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Dear All,


PMC has given one month extension for submission of objections and suggestions regarding Public Notice for implementation of  PMC GB resolution for modification in DC Rules for Metro.

The GB resolution is ‘for modification as per MRTP Act for making provisions for Metro in DC Rules’ as given below  -  

 

1) Both the Metro railway alignments to be shown as per the draft development plan for the Pune city

2) 4 FSI shall be permissible on properties situated in area bounded by 500 mtr (in Metro influence zone) on either side of Metro corridor

3) In view of installation and implementation Metro alignment restrictions to be considered of  ‘No development zone’ up to 10 mtr on either side of Metro alignment

 

Thus though the major portion covered in the Public Notice is that of  4 FSI, the very first clause is regarding including the two Metro alignments in the DC rules.  

 

Hence it is necessary that objections and suggestions regarding Metro alignment should also be included (and not only about 4 FSI) in the submission to PMC.  

 

Thus any objections to elevated Metro alignment on the Vanaz – Ramwadi  corridor should also be part of the submission of objections and suggestions.

 

Following issues regarding the Public Notice should also be noted –

1) The Notice is issued under section 37(1) of Maharashtra Regional and Town Planning Act 1966 which is permitted only ‘Where a modification of any part of or any proposal made in, a final Development plan is of such a nature that it will not change the character of such Development plan’. Thus such a Notice under section 37(1) can be issued for modification in a final Development plan only.

 

Presently the only existing final Development plan is that of 1987 and hence though not specifically mentioned in the Public Notice, the intention is to carry out modifications in the existing 1987 DP .

 

It appears that the modifications in the 1987 DP as per the Public Notice would have a limited life span and will lapse on expiry of 1987 DP after approval of Draft DP.

 

2) It is to be noted that there are discrepancies between provisions in the Draft Development Control Regulations (Draft DCR) for DP and the Public Notice for modification in 1987 DP, major ones being as under –

a) As per Draft DCR, in congested areas, additional FSI shall be at a premium of 1.25 times the rate of Ready reckoner and in non-congested areas the premium shall be 1.5 times the rate of Ready reckoner.

As per Public Notice, the premium is 1.25 times rate of ready reckoner both for congested and non-congested areas.

 

b) As per Draft DCR, in congested areas the minimum plot area shall be 0.2 hectares and maximum residential use shall be 75%. However, no mention of minimum plot area and maximum residential use for non-congested areas.

As per Public Notice, in congested areas the minimum plot area shall be 0.2 hectares and maximum residential use shall be 75%. In non-congested areas, minimum plot area is 0.2 hectares but no mention of maximum residential use.

 

c) As per Draft DCR, cess at the rate of 5% of Ready reckoner rate shall be charged extra if any plot / land kept vacant after period of 5 years from the commencement of Metro work. There is no explanation of   what is meant by ‘plot/land kept vacant’. It is not clear whether this means non-utilization of 4 FSI. Also not clear what would be the milestone for ‘commencement of Metro work’

In the Public Notice there is no mention of any cess.

 

d) As per Draft DCR, the Policy will be made applicable after the sanction of these regulations. Also Policy will be made applicable after 5 years from the sanction of these Regulations for other Metro routes shown in the proposed Development plan.

As per Public Notice, these rules shall be made applicable on commencement of construction work for Metro corridor. Also these rules shall be made applicable to every metro corridor which will be sanctioned in due course.

 

e) Some other clauses such as No development zone of 10 mtr, Modification in Metro influence zone (as per final alignment), NOC of Metro SPV for development in Metro influence zone, Special powers to Municipal Commissioner for relaxation of building bye-laws appear in the Public Notice but are not in the Draft DCR.

 

(We had written to Municipal Commissioner seeking clarification in the matter of above discrepancies but there is no reply).

 

3) Lastly, it is clearly stated on pg 1 of Draft DCR that ‘These regulations shall  supersede all Development Control Rules and bye-laws framed and sanctioned under the Maharashtra Regional and Town Planning Act, 1966’. This means that the modifications proposed in the Public Notice in the 1987 DP will be superseded by the Draft DCR when approved.

Hence the very purpose of issuing the Public Notice is not clear.

 

# In case objections and suggestions have already been submitted, it would be better if possible to resubmit modified objections and suggestions to cover the following additional aspects –

1) Elevated Metro alignment

2) Discrepancies between the provisions in the Public Notice and Draft DCR.

(Draft of  Objections and suggestions is attached).

 

Regards,

Prashant Inamdar

 

 

 

 

4 FSI - Draft objection letter (R).docx

Abhijit Athavale

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Aug 24, 2014, 11:56:18 PM8/24/14
to Prashant Inamdar-PedFIRST, ptt...@googlegroups.com
Perhaps, we should acknowledge Maharashtra Times and its reporting staff as the seers of Metro technology and knowledge as they clearly state in their wonderful self promotion in today's paper on how they pushed the metro ahead in face of opposition from everyone on this green earth.

Clarification: This is a sarcastic comment.

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