4/18/2019 Conditions for the Redevelopment of Existing Cinema/ Theatre in Mumbai – Maharashtra Housing and Building Laws

Conditions for the Redevelopment of

Existing Cinema/ Theatre in Mumbai

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Conditions Prescribed under Regulation 52 of the D.C. Regulations for Greater

Mumbai, 1991, for the Redevelopment of an existing Cinema/Theatre

[TPB. 43901/1103/CR-53/92/UD-11 (RDP), dated 10.03.1992 (M.G.G. Konkan Division, dated

26th March, 1992, page 381)]

Conditions Prescribed:-

In accordance with the provisions contained in the second and third proviso to the Regulation No.
52(8)(i) of the said Regulations (DCR, Mumbai), following conditions are prescribed and shall apply
in the case of redevelopment of an existing cinema/theatre:-

(I) Seating capacity.— In case of redevelopment of an existing cinema/theatre on a

designated/allocated plot, in addition to other users which are to be permitted, a cinema/theatre
having seating capacity as speci ed below shall have to be provided:

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4/18/2019 Conditions for the Redevelopment of Existing Cinema/ Theatre in Mumbai – Maharashtra Housing and Building Laws

Seating capacity of old or existing Seating capacity to be provided in redevelopment

cinema/theatre of the cinema/theatre

(a) Cinema/theatre with 1001 seats and 40% of the number of seats in the old existing
above cinema/theatre.

(b) Cinema/theatre with 1000 seats or 33% of the number of seats in the old existing
less cinema/theatre and in any case not less than 150
seats.

(c) Twin cinema/theatre on one plot Seating capacity in the redevelopment of

cinema/theatre shall be based on the percentages
in (a) or (b) above to be calculated on the basis of
only the cinema theatre, which has large capacity.

Provided that where in a redevelopment proposal, seating capacity, according to the percentages
prescribed above, cannot be provided on account of size of the plot, the seating capacity of the
redevelopment of the cinema/theatre shall be at 3 sq.m. per seat including parking requirement as
prescribed in Table-5 below sub-regulations (3) of Regulation 21 of the said Regulations.

         (II) Closed Cinema/Theatre.—

(i) Redevelopment of an existing cinema/theatre which is authorisedly closed prior to the date of
this noti cation for which redevelopment permission has not been granted and no work started,
shall be allowed with a cinema/theatre user, with reduced seating capacity in accordance with
condition (i) above, in addition to other permissible users.

(ii) where the redevelopment permission, for an existing cinema/theatre on plot allocated or
designated for a cinema/theatre which is authorisedly closed has been already granted retaining
existing capacity of the old cinema/theatre, along with other permitted mixed users, but no
redevelopment has commenced or where the redevelopment has commenced but not been
completed, the redevelopment may be allowed subject to the conditions speci ed in this
Noti cation.

(iii) Where, the change of user of an existing cinema/theatre on a plot allocated or designated for a
cinema/theatre, which is authorisedly closed, has been granted by the Planning Authority prior to
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4/18/2019 Conditions for the Redevelopment of Existing Cinema/ Theatre in Mumbai – Maharashtra Housing and Building Laws

the date of this Noti cation, with other authorised permissible users exclusive of cinema/theatre
user, the conditions in this Noti cation shall not be applicable.

         (III) Redevelopment permission for an existing Cinema/Theatre on a plot

allocated/designated for a Cinema/Theatre, granted by Government, but where no such
redevelopment commenced till the date of this Noti cation.— In such cases, where orders of
Government in the Urban Development Department have already been issued allowing
redevelopment of an existing cinema/theatre on a plot allocated/designated for a cinema/theatre
for other permissible users, according to the said Regulations, without providing for
cinema/theatre users, and where redevelopment permission has not been granted, or where
redevelopment has not commenced, provision shall have to be made in the redevelopment for
cinema/theatre user, with a seating capacity of not less than 150 seats irrespective of the
provisions in clause (I).

(IV) Land use classi cation and uses permitted.—

(i) Irrespective of the zone in which the designated plot, where the cinema/theatre is existing,
redevelopment shall be allowed, assuming that the said plot is in the Local Commercial Area/Zone
(C-1 Zone), and the provisions of Regulation No.53 of the said Regulations shall be applicable
subject to other conditions prescribed in this Noti cation.

(ii) In the wards of the Island City of Bombay, new of ce user shall not be permitted, in a
redevelopment proposal of an existing cinema/theatre. Such of ce user shall be permitted in
combination with the cinema/theatre user only to the extent the latter user was authorisedly in
existence before the redevelopment and prior to coming into force of the said Regulations.

(iii) Residential user in combination with that of cinema/theatre in a redevelopment proposal of

existing cinema/theatre shall be permissible even in the same building subject to the following:-

(a) redevelopment shall have to conform to such measures (including any special measures) as
prescribed by the Municipal Commissioner in regard to re prevention, protection and safety;

(b) means of escape in the case of an emergency shall have to be provided to the satisfaction of the
Municipal Commissioner;

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4/18/2019 Conditions for the Redevelopment of Existing Cinema/ Theatre in Mumbai – Maharashtra Housing and Building Laws

(c) between cinema/theatre development and residential development there shall be effective
vertical separation against spread of re;

(d) separate entry and exit shall be provided for the residential user;

(e) parking requirements as prescribed for each type of user prescribed in the said Regulations
shall have to be provided.

The following shall not be permitted in combination with that of a cinema/theatre in the same
building:-

(a) Maternity Home and Hospital;

(b) Municipal Primary School;

(c) Secondary School, College, Polytechnic, Technical School;

(d) Bakery, Confectionery, Coal and Firewood shops; and

(e) Any other user as may be deemed t by the Commissioner.

(V) Floor Space Index.— Irrespective of the zone in which the plot of the existing cinema/theatre is
situated, the oor space index for redevelopment of the plot of the cinema/theatre and of other
permissible users taken together shall be as follows:-

  (a) Island City of Bombay 1.33

  (b) Suburbs and Extended Suburbs (except ‘M’ Ward) 1.00

  (c) ‘M’ Ward As speci ed in the said

Regulations.

In case of redevelopment of an existing cinema/theatre, permissible users according to the said

Regulation shall be allowed within the permissible Floor Space Index, even if the Floor Space Index

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4/18/2019 Conditions for the Redevelopment of Existing Cinema/ Theatre in Mumbai – Maharashtra Housing and Building Laws

consumed by the existing cinema/theatre was more than what is stipulated above.  The oor area
earlier authorisedly permitted for of ce user shall be allowed as part of redevelopment.

       (VI) Fire Fighting Provisions.— in case of redevelopment of an existing cinema/theatre on the
plot designated/allocated in the Development Plan, the provisions in Regulation No. 43 and
Appendix VIII of the said Regulations shall be strictly followed.  In addition, a separate No
Objection Certi cate shall be obtained from the Chief Fire Of cer, Bombay Municipal
Corporation for following purposes:-

(a) Provision of effective vertical separation against spread of re;

(b) Provision of proper means of escape in case of emergency;

(c) Provision of measure for re prevention and re protection;

(d) Provision of separate entry and exit for cinema/theatre and other occupancies.

 (VII) Relaxation in cases of redevelopment of an existing cinema/theatre on the plots

designated/allocated in the revised development plan of Greater Bombay.— The Municipal
Commissioner may exercise the discretionary powers under Regulation 64(b) of the said
Regulations wherever need arises only with the prior approval of the Government in such cases.

            (VIII) Applicability of all other regulations.— In addition to the above, the provisions of all
other Regulations in the said Regulations shall be applicable in case of redevelopment or users of
existing cinema/theatre on land designated/allocated for cinema/theatre.

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