Private Buildings Now Allowed in Slum Cluster Redevelopment; Consent of Residents Made Mandatory

The Maharashtra state government has approved major changes in its slum cluster redevelopment policy. Under the revised rules, private buildings can now be included in slum cluster redevelopment projects, provided the residents give their mandatory consent and transfer development rights to the developer.

Earlier, only slum areas were eligible for redevelopment under this policy. However, the new guidelines redefine “slum cluster” to include old buildings, chawls, government and industrial housing colonies, and offices — as long as at least 51% of the total 50-acre land parcel is slum-occupied.

The earlier provision under Section 3K of the Maharashtra Slum Act allowed redevelopment of slum areas over 10 acres without slum dwellers’ consent. The government has now extended the scope, enabling larger integrated redevelopment of mixed zones.

The policy clarifies that if private buildings are included only for planning purposes without transferring development rights, their area will be excluded from FSI (Floor Space Index) calculations. This has raised concerns, as similar redevelopment attempts in Worli were challenged in the Bombay High Court, making the judicial response to this new policy crucial.