We have property (G+2 landlord structure) in Mumbai situated on Gaothan land (purchase agreement from 60s mentions it; property card says 'A' under 'Dharnadhikar' which I believe is a mark for Gaothan properties). As per Mumbai DCR 33(9), Gaothan properties get 2 free FSI for development purposes (as opposed to 1 free FSI + 1 paid FSI for Mumbai suburbs). How can I confirm if this property is recognized as Gaothan in govt land records and that I can avail free 2 FSI before applying for redevelopment? I have read about having a Gaothan certificate issued. Will this help and what is its procedure? Regards
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1) The City Survey Record is prepared for all the villages in Mumbai Suburban District.
2) The City Survey record for each individual parcel of land has been created and given a particular number which is known as City Survey number. A property card for each City Survey number is also prepared.
3) BMC makes entries on property cards and grants permissions only on the basis of documents.
4) check the property card which would reflect whether it is goathan land or not
Gaothan is portion of the land of the village which is ordinarily used for settlement. “Gaothan “or” village site" means the land included within the site of a village, town or city as determined by section 122 of MLR Code.
Gaothan flats are the ones not approved by CIDCO and BMC. such plots are owned by villagers and hence, they dont have proper documents. The builders might lure you saying with low prices but then the call is yours. Because this involves a lot of risk as the villagers might demand their land back again at any time.
DCR 33(9) Repairs and reconstruction of cessed buildings and Urban Renewal Scheme: For repairs & reconstruction of cessed buildings and Urban Renewal Scheme undertaken by the Maharashtra Housing and Area Development Authority or the Mumbai Housing and area Development Board or Corporation in the Island City, the FSI shall be 4.00 or the FSI required for rehabilitation of existing tenants / occupiers, whichever is more.
To confirm that the said land is Gaothan property only you may have to visit the collector office and approach the concerned department with an application seeking the details of the property where you now reside and confirm if it is coming under gaothan,
Dear Adv Seth, Thanks for the elaborate response. I do have the PR card and CTS document. But I don't think they state anywhere that this is Gaothan property, except the aforementioned identification 'A' under the 'Dharnadhikar' section. So my question: 1) Is that identification indeed the correct way to recognize a property as Gaothan based on its PR card? 2) Can this be confirmed anywhere else -- whether in local ward office or Collector/DSLR's office -- and how? 3) If my reading of Mumbai DVR 33(9) is correct and property is indeed Gaothan, will I be entitled to 2 free FSi and will the BMC confirm this beforehand? Thanks in advance.
Section 122 of MLR code provides that it shall be lawful for collector or survey officer appointed by state govt to determine what lands are to be included within limits of village ,town , city to fix and from time ti time varythe limits of site so determined
2) check with collector office to determine whether land is goathan or not
3) for goathan land FSI of 2 is permissible
1. I am afraid that this may not be a proper and authenticated document to prove that this property coming under Gaothan property.
2. The loan land revenue office will be having the details of entire properties under its jurisdictions, if you dont find any record pertaining to your query, you may visit Collector's office land department from where you can ascertain the details.
3. For this I had given the provisions as well as the latest amendment in this regard in my previous post, for the purpose of repetition I shall reproduce the same once again:
DCR 33(9) Repairs and reconstruction of cessed buildings and Urban Renewal Scheme: For repairs & reconstruction of cessed buildings and Urban Renewal Scheme undertaken by the Maharashtra Housing and Area Development Authority or the Mumbai Housing and area Development Board or Corporation in the Island City, the FSI shall be 4.00 or the FSI required for rehabilitation of existing tenants / occupiers, whichever is more.
Hope this clarifies the issue.