Mumbai: The Urban Development Department has removed the hurdles and cleared the ambiguity about the Development Control Rule (DCR), which was prohibiting development within a specified distance from any water body in Pune city.

The Urban Development Department has also delegated powers to the Pune Civic Commissioner to allow construction considering the existing development and other issues of that time. The new DCR was prohibiting construction within a specified distance from any water body. 

There is, however, no clear rule being followed in any corporation limits. The law states that if an applicant proposes to locate any plot for a building within 15 metres from the boundary of any water body (nalla), a No-objection Certificate (NOC) from the civic commissioner of the local body has to be obtained.

Now the Urban Development Department of the State has cleared the definition of water bodies into two segments - major water course and minor water course. Major water course contains river and minor water course means nalla. 

Earlier, the water body was defined as the water course i.e. natural channel or an artificial one formed by draining or diversion of natural channel meant for carrying storm water or waste water. Henceforth, the DCR will be called Specified Development Control Rules. The new amendment will allow redevelopment of the old buildings and bungalows near the water bodies beyond 4.5 metres.

According to the amendment, the civic commissioner has the power to allow new development near the water bodies. The commissioner will have to consider the existing authorised development on the plot, development permissions given at the time of existing development of the plot and permissible common space and other hurdles in the development.

Medha Kulkarni, MLA from Kothrud, welcomed the decision and said that finally the old bungalows near the Ambil Odha and Nagzari nalla will be developed. “There are residential zones on bank of these nalla, but due to the restrictions of 15 metre limits, it was difficult to develop these residences into new,” she said. 
“I followed up the issue in the Assembly and with the Urban Development Department, finally we got success,” she said.  

Earlier provision 
There was restriction on construction, if the site is within a distance of 9 metre from the edge of water mark of a minor watercourse (like nalla) and 15 metre from the edge of water mark of a major water course (like river) shown in the development plan or village/city survey map or otherwise.

As per law
 Amended provision Residential zones can be redeveloped if the site is within 4.5 metres from the edge of any water body.