In short: Regulation 33(12)(B) of DCPR 2034 deals with structures that stand in the way of a road widening or a new Development Plan road. It allows those structures to be removed and their occupants rehoused, free of cost, in a building on another plot, called the host plot, within the same ward. In return, the host plot is allowed additional FSI, so that taking in these occupants becomes financially viable for the owner or developer.
The regulation is used together with Brihanmumbai Municipal Corporation (BMC) procedures, most recently set out in BMC Circular No. 30 of 2023-24. The summary below is based on that circular. As with any regulation, the current position should be confirmed for a specific plot before relying on it.
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Why 33(12)(B) exists
Many Mumbai roads cannot be widened because old shops and homes stand on the land needed for the road. Acquiring and demolishing these structures is slow, and the occupants need somewhere to go. Regulation 33(12)(B) solves both problems at once: occupants get a permanent home or shop nearby, the road can be cleared, and the owner of the host plot gets extra development potential to cover the cost.
How it works in practice
- BMC identifies priority roads. The ward’s Assistant Commissioner prepares and publishes a priority list of roads to be widened, along with the affected structures.
- A host plot is offered. A plot owner or developer redeveloping a plot in the same ward proposes to accommodate some of the affected occupants in the new building.
- Additional FSI is granted. The FSI already available under the main regulation is used first, and additional FSI is then allowed under 33(12)(B), with the combined FSI on the net plot area going up to 4.00.
- Agreements are signed. A tripartite agreement between the plot owner, developer and occupant, and a permanent alternate accommodation agreement, are required. Both must name the same occupant and the same rehabilitation unit.
- Occupants move in and the road is cleared. The rehabilitated occupants become members of the cooperative society on the host plot.
Which plots can use it
According to the BMC circular, 33(12)(B) can be combined with several other regulations, including 30, 33(6), 33(7), 33(7)(A), 33(7)(B) and 33(24). It applies to municipal leasehold and municipal tenanted plots. On these plots, a one-time premium is payable to BMC on the additional area. In short, it is not a standalone redevelopment route for an ordinary society, but an add-on that can improve the numbers on certain plots.
Who is eligible to be rehoused
- Tolerated structures: residential structures existing before 17 April 1964 and non-residential structures existing before 1 April 1962, as shown in official records.
- Protected structures: those protected under the Maharashtra Slum Areas Act up to the notified cut-off date, as certified by the ward office.
- Cessed structures: with an eligibility certificate and No Objection Certificate from MHADA.
Only occupants not already rehoused, and still on site, are considered. A structure rehoused under 33(12)(B) cannot also claim benefits under another scheme.
What the rehoused occupants receive
- Residential occupants: a home of 27.88 sq. m (300 sq. ft) carpet area.
- Commercial occupants: their existing area or 20.90 sq. m, whichever is less.
What it means for a society or landlord
For an owner of a municipal leasehold or tenanted plot, 33(12)(B) can add development potential that makes an otherwise marginal project viable. It also brings practical considerations that members should understand before agreeing:
- New members will join the society, which affects how common areas, parking and maintenance are shared.
- The additional FSI comes with premium payments and approval conditions that must be built into the project’s financial working.
- Rehabilitation units must be shown on the approved plans, and the developer must complete them before the Occupation Certificate for that component.
- The development agreement should state clearly how the additional FSI is being used and what members receive from it.
Whether 33(12)(B) helps a particular plot is exactly the kind of question an independent feasibility report should answer. For the wider picture, see our guide to the key DCPR 2034 sections, and if your own plot is affected by a road line, read how road widening compensation works.
Frequently asked questions
Is 33(12)(B) the same as 33(12)(A)?
No. Both sit under Regulation 33(12), but they deal with different situations. 33(12)(B) specifically concerns rehousing structures affected by road widening and Development Plan roads.
Can any housing society use 33(12)(B)?
Not automatically. It depends on the type of plot, the regulation under which the plot is being redeveloped, and whether there are eligible affected structures in the same ward on BMC’s priority list.
Do the rehoused occupants pay for their new homes?
No. Rehabilitation is free of cost to eligible occupants. The cost is met by the developer from the additional FSI granted to the host plot.
Does 33(12)(B) apply to your plot?
Mungekar Realty assesses which DCPR regulations can apply to a plot and what each one means for the owners or members. To check your plot, register your property or call or WhatsApp us on +91 98207 44734.