withdrawn. The premium was directed to be levied as per modified DCR
33(24).
18. In T.C. No.6/2018 filed by Janhit Manch ... Janhit Manch
to the order of regularisation on the ground of DCR 33(24) as amended
in 2014, to the effect that only two basements
develop the said land under the Slums Act read with the DCR 33(10).
The petitioner also recorded that certain third parties who have ... based on a deeming fiction contained in a
subordinate legislation [DCR 33(10)] cannot contend that the time to
submit the scheme or evince
Development Control Regulations for
Greater Mumbai, 1991, including in particular DCR 33(10).
Upon this premise, Mr. Anturkar contended that the very
sanction ... ultra
vires, null and void; and
D] The provisions of DCR 33(10), if interpreted correctly
permit approval of slum redevelopment schemes only in
slum
Petitioner no.1 as a developer. A
reference is made to DCR 33(7) and the benefits that would
flow from the same ... Notification dated 25 January 1999
further modified this DCR. The Government has decided to
modify DCR 33(9) regarding reconstruction or redevelopment
of cessed buildings
subject matter of these proceedings is a Slum Rehabilitation
Scheme under DCR 33(10) of the Development Control Regulations for
Greater Mumbai. The Petitioners ... redevelopment of the slum
situated on the land under DCR 33(10). The land is owned by the
Municipal Corporation of Greater Mumbai. Hence, Annexure
island city of Mumbai inter-alia to which the provisions of DCR 33(7)
applies. The Mumbai Housing and Area Development Board i.e.
respondent ... MHADA Act were mutatis-mutandis
made applicable to the provisions of DCR 33(5).
11. The learned Advocate appearing for respondent
reconstruction of a building on the above land under DCR 33(7). On
23 August 2002, the Board granted NOC for the said reconstruction
scheme ... under DCR 33(7), subject to various conditions including the
impugned condition that the petitioner is required to surrender to
the Board a portion
would be justified;
(viii) DCR 32 prescribes an FSI which is available as a matter of
right while DCR 33 is a relaxation by which ... outside the provisions of DCR 3
(4) is incorrect. According to the Government, for starred category
residential hotels, DCR 33(4) is a self contained
third impugned letter bearing No. ERR/DCR
33(9)/371/MBRRB-10 dated 27th January, 2010 and also for
quashing condition No.13 in Board ... MHAD
Act, 1976). The said scheme was popularly known as "DCR
33(9)". Under the said scheme, Government decided to
provide incentive
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 ... undertaken the
responsibility of redeveloping the Bhendi Bazaar Area under DCR
33(9) read with Appendix IIIA, and accordingly, submitted a
detailed proposal
