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State of Assam - Section

Section 85 in Assam Notified Urban Areas (Other than Guwahati) Building Rules, 2014

85. Additional FAR scheme for widening of roads and improvement of junction.

- procedure. - If any Authority is taking up road widening and junction improvement programmes in the area, that Authority may consider allowing additional FAR to any person relinquishing his/her land for road widening or creation of open space, without asking for compensation.That Authority shall take the following steps accordingly, for road widening and junction improvement programme for this purpose:-
(i)in addition to the "permissible FAR" to the total extent of the plot area an additional FAR (AFAR) of 100 shall be considered to the extent of the land affected in road widening and junction improvement and surrendered free of cost for constructing / reconstructing building as per land use of Approved Master Plan. However the Authority shall consider commercial use with 50 AFAR even if the land use is earmarked for residential or other uses except Parks and Play Ground and Green Belt use as per Master Plan. The AFAR for commercial use can be utilized in any floor after obtaining permission of the Authority, who shall consider it keeping in view the developments existing on the road/junction, feasibility and smooth flow of traffic. "Permissible FAR" is the FAR permissible in that particular plot irrespective of maximum FAR allowed as per these rules.
(ii)wherever permissible FAR cannot be achieved on plots after road widening and junction improvement with the stipulated setbacks as per these rules and Zoning Regulations the relaxation of set back and coverage can be considered by the Authority.
(iii)while exercising the above powers the Authority shall finalise a suitable building line (i.e. front setback) for the complete portion of the road taken up for widening or junction taken up for improvement, keeping in view the developments existing on the road/junction, feasibility and smooth flow of traffic and notify the same for the benefit of owners of the sites affected in road widening /junction improvement. No construction shall be allowed in violation of such notified building line. While exercising the above powers the Authority shall ensure public interest and safety and smooth flow of traffic.
(iv)the relaxation powers referred are applicable to roads notified for widening / junctions notified for improvement under this scheme by the Authority and no isolated case on a particular road or junction shall be considered for this relaxation.
Illustration: If the plot area is 500 sq. m and the land affected in road widening is 100 sq.m and the permissible FAR as per regulation is 150, the normal floor area permissible is 750 sq.m. The additional floor area permissible is as follows:--Table 13:- Specifications of Additional FAR
Use Proposed for Additional FAR Additional Floor Area.
Residential 100 sq. m
Commercial 50 sq. m
(v)the relaxed FAR shall be issued in the form of a bond to the owners of the affected plot which has to be utilized in a period of five years from the date of issue of this bond;
(vi)in case of building constructed without any authority beyond the permissible FAR proposal shall be considered for regularization up to the additional FAR allowed as per this scheme.