Development



RULES
THE MADHYA PRADESH BHUMI VIKAS RULES, 1984

PART IV- DEVELOPMENT CONTROL

37. Land use classification and uses permitted.- Land use Classification- The various land use classification shall be as indicated below :-

1 Residential Zone Residential Residential with shop 
Lines at Ground Floor
(R1)
(R2)
2 Commercial Zone Local Commercial Area
Distt. Commercial Area
(C1)
(C2)
3 Industrial Zone Service Industries
General Industries
Special Industries
(I1)
(I2)
(I3)
4 Green Zone    
5 Special Reservations    

38. (1) Industries permitted in R1, R2 and commercial Zones.- Subject to other provisions of this rule-
(i) Industries listed in part-I of Appendix J may be allowed in zone R1 ; provided that not more than 5 workers at a time are employed in such industry and it does not employ or use any steam, electricity, oil, water or any other mechanical power : Provided further that the industries listed at serial number 1 to 38 may be permitted the use of electric power load of maximum of 1 K.W.
(ii) Industries listed in Part I and II of Appendix J may be allowed in R2 Zone provided that an industry in part II uses only electricity with a maximum load of power indicated against each and as per conditions laid down therein;
(iii) Industries listed in part III of Appendix J with a maximum power load of 5 K.W. may be allowed in Commercial zone, in addition to industries listed in part I and Part II.
(2) Building use and occupancies to be according to Development plan.- The various building uses and occupancies permitted in the various zones shall be as given in the Development plan.       

(3) Uses to be in conformity with the zone.- Where the use of building or premises is not specifically designated on the Development plan, it shall be in conformity with the zone in which they fall .
(4) Uses as Specifically Designated on Development plan. - Where the use of a site is specifically designated on the Development plan, it shall be used only for the purpose so designated.
(5) Non conforming Uses – No plot shall be used for any use, occupancy or premises other than the uses identified in rule 37 except with the prior approval of the Authority.
39. Means of access – (1) No Building to deprive any other Building of means of Access : No building shall be erected so as to deprive any other building of the means of access.
(2) Building/plot to abut on a public/private means of Access : Every building/plot shall, as far as may be, abut on a public/private means of access like streets/roads duly formed.
(3) Construction of Building not to encroach upon an area set upon for means of Access : Every person who erects a building shall not at any time erect or cause or permit to be erected any building which in any way encroaches upon or diminishes the area set apart as means of access required under these rules.
(4) Width of means of Access : (a) The residential plots shall abut on a public means access like streets or road. Plots which do not abut on a street road shall abut-be opposite to or have access from spaces directly connected from the street or road. The width and their length of means of access shall be as nearly as be as given in Table-3. In no case, development on plots shall be permitted unless it is accessible by a public street of width not less than 6 meters. 

TABLE 3
Width and length of means of access
[Rule 39(4)]

Sl. No Width of means of access in meters Length of means of access in meters
1 6.0 100
2 7.5 150
3 9.0 250
4 12.0 400
5 18.0 1000
6 24.0 Above 1000

Note :(1) The means of access shall be clear of marginal open spaces of at least 3 meters from the existing building line.
(2) If the development is only on one side of means of access, the rescribed width may be reduced by 1 meters in each case.
(b) Other Buildings – For all industrial buildings, theatres, cinema houses, assembly halls, stadium, educational buildings, markets other buildings which attract large crowed, the means of access shall not be ess than the following -

Width of means of access in meters Length of means of access in meters
12.0 200
15.0 400
18.0 600
24.0 above 600

 Further in no case shall the means of access be lesser in width than the internal access ways in layouts and sub-division.
(5) Pathways – The approach to the buildings from road/street or internal means of access shall as far as may be, through paved pathway of which not less than 1.5 meters provided its length is not more than 30 meters.              (6) Width of Pathway for low income housing schemes – In the case or special housing schemes for Low Income Group and Economically Weaker Sections of Society developed up to two storied Row/Cluster Housing Scheme, the pathway width shall be 3 meters which shall not serve more than 8 plots on each side of pathway; the length of the pathway shall be not more than 50 meters
(7) Length of means of access – Length of main means of access shall be determined by the distance from the farthest plot (building) to the public street. The length of the subsidiary access way shall be measured from the point of its origin to the next wider road on which it meets.
(8) Authority may require larger width of means of access in general interest : In the interest of general development of an area, the Authority may require the means of access to be of larger width than that required under sub-rule (4). 
(9) Boundary of plots in existing built up area to be shifted with reference to control line of street – In existing built up areas in the case of plots facing street/means of access less than 4.5 meters in width, the plot boundary shall be shifted to be away by 2.25 meters from the central line of the street/means of access way to give rise to a new street/means of access way width of 4.1 meters.
40. Leveling etc. of means of access – (1) Means of access shall be leveled, matalled, flagged, paved, sewered, drained, channelled, lighted, laid with water supply line and provided with trees for shade to the satisfaction of the Authority free of encroachment by any structure or fixture so as not to reduce its width below the minimum required under sub-rule (4) of rule 39 and shall be maintained in a condition to the satisfaction of the Authority.
(2) If any private street or any other means of access to a building is not level led, matalled, flagged or paved, sewered, drained, channeled, lighted or laid with water supply line or provided with trees for shade to the satisfaction of the Authority, it may by written notice require the owner or owners of the several premises situated in front of or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which shall benefit by works executed to carry out any or more of the aforesaid requirements in such manner as it shall direct.
(3) If any structure or fixture is set upon a means of access so as to reduce its width below the minimum required, the Authority may remove or cause to be removed the same further and recover the expenses so incurred from the owner. 
41. Access from Highways/Important Roads – No premises other than highway amenities like petrol pumps, motels shall have an access direct from highways and such other roads not less than 52 meters in width which the Authority with the approval of the Highway Authority, shall specify from time to time. The Authority, shall maintain a register of such roads which hall be open to public inspection at all times during office hours. The portion of such roads on which direct access may be
permitted shall be as identified in the development plan. However, in case of existing development on highways/other roads referred to above the operation of this clause shall be exempted. These provision shall however be subject to the provisions of the Madhya Pradesh Highway Act 1936 (XXXIV of 1936) and National Highway Act, 1956 (48 of 1956).
42. Additional provisions for buildings other than residential buildings – For building other than residential the following additional provisions of means of access shall be ensured :-
(a) The width of the main street, on which the building abuts shall not be less than 12 meters and one end of this street shall join another street of width not less than 12 meters;
(a) The approach to the building and open spaces on its all sides up to 6 meters width and the layout for the same shall be done in consultation with Fire Authority of the city as approved by the Government and the same shall be hard surface capable of taking the weight of fire engine, weighing up to 18 tones. The side open space shall be kept free of obstructions and shall be motor-able; and
(b) Main entrance to the plot shall be of adequate width to allow easy access to the fire engine and in no case it shall measure less than 4.5 meters. The entrance gate shall fold back against the compound wall of the premises, this leaving the exterior access way within the plot free for movement of fire service vehicles. If main entrance at boundary wall is built over, the minimum clearance shall be 4.5 meters.
42 -A Additional provisions for buildings above 12.5 m height.
(a) For building above 12.5 m. and up to 18 m. height :-
(i) The size of the plot shall not be less than 1000 sq.m. and minimum plot frontage shall not be less than 18 meters. Allowable coverage shall not exceed 30%.
(ii) The width of main street on which frontage of the building abuts shall not less than 12 meters.     

(b) High rise buildings :-
1- For building above 18 meters and up to 24 m. height –
(i) The size of the plot shall not be less than 1500 sq.m. and minimum plot frontage shall not be less than 21 meters. Allowable coverage shall not exceed 30%
(ii) The width of main street on which frontage of the building abuts shall not be less than 18 meters.
2- For building above 24 m. height –
(i) The size of plot shall not be less than 2000 sq.m. and minimum plot frontage shall not be less than 30 m. allowable coverage shall not exceed 30%.
(ii) The width of main street on which frontage of the building abuts shall not be less than 30 m.
(c) For building having height more than 12.5 meters and up to 18 meters the necessary drawings and details shall be submitted to the Authority incorporating all the fire fighting measure recommended in National Building Code Part-IV The occupancy permit shall be issued only after ensuring that the fire fighting provisions are physically provided.
(d) For all high rise building site clearance from District Committee under third proviso to sub-rule (1) of Rule 14 shall be necessary. After the site clearance by the committee, the planning permission from the Town & Country Planning and building permission from the Authority shall be necessary .
(e) The approach to the building and open spaces on its all sides up to 6 meters width and its layout shall be proposed in consultation with the Fire Authority of the city as approved by the Government and its surface shall be as hard as is required to bear the weight of fire engine of 18 tonnes The said open space shall be kept free of obstruction and shall be motor-able; and
(f) Main entrance to the plot shall be of adequate width to allow easy access to the fire engine and in no case it shall measure less than 4.5 meters. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior access way within the plot free for movement of fire service vehicles. If the main entrance at boundary wall is built over the minimum clearance shall be 4.5 meters.        43. Cul-De-Sacs- Cul-de-sacs giving access to plots and extending from 150 to 275 meters in length with an additional turning space at 150 meters will be allowed only in residential areas provided that cul-de-sacs would be permissible only on straight roads and further provided that cul-de-sacs and shall be higher in level than the level of starting point of such dead end road, the turning space. in which case shall be not less than 81 square meters in area with no dimension being less than 9 meters.
44. Alley- Alley shall be provided in commercial and industrial area except where Authority may relax this requirement or when assured provision is made for service access such as off street loading/un-loading and parking consistent with an adequate for the use provided. The width of the alley where provided shall not be less than 6 meters and no dead end alley shall be permitted unless provided with an adequate turn around facilities.
45. Intersection of Roads - (1) The layout shall be provided at the junctions of roads in such a way that as far as possible all roads meet at right angle. Roads meeting at less than 300 should be avoided. However, in case it is necessary to do due to unavoidable circumstance, adequate and satisfactory arrangement has to be made from traffic and circulations, point of view.
(2) For junctions of roads meeting at right angles as well as other than right angles. the rounding off or cut of or splay or similar treatment shall be done, to the satisfaction of the Authority, depending upon the width of roads, the traffic generated, the sighting angle etc.
46. Building Line.-- Subject to rule 56, building line shall be set back at least 3 meters from internal means of access in a layout of buildings in a plot. 
47. Community Open Spaces and Amenities.-(1) Residential and Commercial Zones.-In any layout or sub-division of land measuring 0.2 hectare or more in residential and commercial zones, the community open spaces shall be reserved for recreational purposes which shall, as far as possible, be provided in one place or planned out for the use of the community in clusters or pockets.
(2) Minimum area.-The community open spaces shall be provided catering to the needs of area of layout, population for which the layout is planned and the category of dwelling units. A following minimum provision shall be made :-
(i) 10 per cent. of the area of the layout; or
(ii) 0.3 to 0.4 hectare / 1000 persons; for low income housing the open spaces shall be 0.2 hectare / 1000 persons.
(3) Area of recreational space.- No recreational space shall be generally less than 450 square meters.                                                           

(4) Minimum average dimension of recreational space..- The minimum structure as pavilion or gymnasia up to 25 square meters in area may be if the average width of such recreational space is less than 24 meters, the length there of shall not exceed two and half times the average width. However, depending on the configuration of the site, commonly open spaces of different shapes may be permitted by the Authority as long as the open spaces provided serve the needs of the immediate community contiguous to the open spaces.
(5) Pavilion gymnasia.--In such recreational spaces, a single storied structure as pavilion or gymnasia up to 25 square meters in area may be permitted; such area may be excluded from floor area ratio calculations; no toilet block shall be permitted. 
(6) Independent means of access.-- Each recreational area and the structure on it shall have an independent means of access. Independent means of access may not be insisted upon if recreational space is approachable directly from every building in the layout. Further the building line shall be at least 3 meters away from the boundary of recreational open space.
48. Industrial Zones.-(1) Amenity open space in Industrial Zones.- In the case of sub-division of land in industrial zones of area 0.8 hectares or more, 5 per cent of the total area shall be reserved as amenity open space which shall also serve as a general parking space; when such amenity open space exceeds 1500 square meters the excess area could be utilized for the construction of building for banks, canteens, welfare centers and such other common purposes considered necessary for the
industrial use as approved by the Authority.
(2) Amenity open space in Industrial plots.- Further in all industrial plots measuring 1000 square meters more in area. 10 percent. of the total area shall be provided as an amenity open space to a maximum of 2500 square meters. Such an amenity open space shall have a means of access and shall be so located that it would be conveniently utilised as such by the persons working in the industry. 
49. Other Amenities. - (1) In addition to commonly open spaces, the layouts shall provide for the community facilities on the scale laid down in Table 4

No. Facilities required Scale of
provision
Area required and remark
Main Type Sub Type (No required)  
(1) (2) (3) (4) (5)
1. Educational facilities. Nursery School (3 to 5 age group) 1 for 4000 population. 0.1 hectare.
    Primary School (5 to 11 age group). 1 for 4000 population. 0.6 hectare for density up to
250 persons per hectare.
        0.5 hectare for density from
251 to 500 persons per hectare.
        0.4 hectare for density of 501
persons per hectare & above
    High School (11 to 16 age group). 1 for 16000 population. 2.0 hectares for density up
to 250 persons per hectare.
        1.8 hectares for density from
251 to 500 persons per hectare.
    Degree College 1 for 80000 population. 4 to 6 hectares.
2. Health Facilities Health center 1 for every 16000 population 1.0 hectare with residential
staff quarters
    General Hospital 1 for every 80000 population 4.0 hectare for 200 beds with
ancillaries and staff quarters.
3. Commercial facilities
including shopping
facilities
Convenience 
shopping centre.
up to 10 shops for
4000 population.
0.05 to 0.1 hectare
    Local shopping centre. up to 20 shops for 16000 population. 0.4 hectare.
    Zonal shopping centre. up to 80 to 100 shops for  80000 population. 2.5 hectare.
4. Communication facilities and essential services. Sub- post office 1 for  very 10000 population  100 square meters
    Post and Telegraph Office cum Delivery and Booking including Telephone exchange of
1000 lines.
1 for every 10000 population. 1.0 hectare.
      1 in all shopping centers. 12 meters. x 12 meters.
    Police Station
with staff quarters.
1 for every 50000
population.
0.8 hectare.
    Police post with
staff quarters
1 for every 20000
population.
0.4 hectare.
    Fire Station
staff quarters.
1 for every 5 kilometer
radial distance.
0.8 hectare
5. Social and 
Cultural Facilities
Religious building 1 for every 15000
population
0.8 hectare location not on a
intersection of roads and 60
meters away from Junctions.
    Community
Hall and library.
1 for every 15000
population.
0.3 hectare.
    Cinemas 1 for every 25000
population
0.3 hectare with parking location in Zonal shopping centers, business and commercial area not in residential zone.
6. Facilities for industrial area. Labour Welfare Center. 1 for every 40 Hectare. 0.2 hectare.
    Convenience shops Bus
station.
5 shops of 10 square
meters each.
0.2 hectare.
    Health center 1 for every 200 hectare. 0.6 hectare.
    Post Office   0.04 hectare.
    Telephone exchanges   0.06 hectare.
    Bank   200 square meters.
    Petrol pump cum- service station.   30 meters x 45 meters.
    Police Station with staff quarters.   0.4 hectare.
    Fire station staff quarters.   0.8 hectare.

Note. -The requirements of essential amenities for low income housing shall be as given in Appendix M.
(2) Table 4 based on population shall be the guide line to workout different requirements of sub-division plan. The density proposed in the Master Plan shall guide the development to workout the actual population of an area. In areas where a Master Plan or a Regional Plan has not been prepared, the density pattern for that area shall be determined by the Authority in consultation with Additional Director, Town and Country planning.
(3) An application can be made to the Authority on prescribed form as given in Appendix K to obtain proposal's of Development Plan or Zoning Plan for the land in which as applicant may be interested for preparation of sub division proposals to develop the area. The Authority shall supply to the applicant such information as may be necessary for him to prepare a sub-division plan for his land in accordance with the zoning plan or the Development plan or any proposed land use or density pattern, as the case may be, with in thirty days from the date of receipt of such application by the Authority.
50. Requirements of Site. - No piece of land shall be used as a site for the construction of building  (a) if the Authority considers that the site is in–sanitary or that it is dangerous to construct a building on it. :
(b) if the site is within a distance of 9 meters of the highest water mark and if there be major water–course nearby the distance of the plot from the same shall be 9 meters from average high flood mark or 15 meters from the defined boundary of water course, whichever is more;
(c) if the owner of the building has not shown to the satisfaction of the Authority all the measures required to safeguard the construction from constantly getting damp;
(d) if the building is for assembly use like cinemas and theaters as well as for public worship, which has not been previously cleared by the Authority;
(e) it the buildings is proposed on any area filled up with carcasses, excreta filthy and offensive matter till the production of certificate form Health Officer and Municipal Engineer to the effect that it is from the health and sanitary point of view, fit to be built upon;
(f) if the site is not drained properly or is incapable of being well drained;
(g) if the use of the said site is for the purpose which in the opinion of the Authority, will be a source of annoyance to the health and comfort of the inhabitants of the neighborhood;
(h) if the plot has not been approved as a building site either by Authority or City Improvement Trust/Board or Planning Authority;
(i) if the proposed occupancy of the building on the site does not conform to the land use proposals in the development plans or zoning regulations.
(j) if the building has to be constructed over/under a Municipal drain/ sewer line or water main or overhead transmission line.
51. Surface Water Drains. - (1) Any land passage or other area within the cartilage of a building shall, if the Authority so requires, be effectively drained by surface water drain or other means.          (2) Written Permission Required to Join Water Drain to a Sewer. - The written approval of the Authority shall be obtained for connecting any subsoil or surface water drain to a sewer.
52. Distance from Electric Lines.- (1) No verandah, balcony or the like shall be allowed to be erected or re-erected or any additions or alterations made to a building within the distance quoted below in accordance with the current Indian Electricity Rules and its amendments from time to time between the building and any overhead electric supply line. : -

    Vertically
meters
Horizontally
meters
(a) Low and Medium voltage lines and service lines. 2.5 1.2
(b) High voltage lines up to and including 33000 volts. 3.7 1.2
(c)  Extra high voltage lines beyond 33000 volts. (see note)  

Note :- For building close to extra high voltage lines beyond 33000 volts clear horizontal corridor of 15 meters, or as specified in the latest version of the Indian Electricity Rules shall be provided.
(2) The minimum clearance specified in sub-rule (1) above shall be measured from the maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.
53. Size of plots.- (1) Residential :-
(i) Subject to the limitation of the Urban (Ceiling and Regulation) Act, 1976 (No. 33 of 1976), each plot shall have a minimum size/front age corresponding to the type of development as given below :-

Type of Development Plot size (Sq. meters) Frontage (meters)
Detached building above 250 above 12
Semi-detached building 125-250 8 to 12
Row type building 50-125 4.5 to 8

 (ii) For Low Income Group Housing, the minimum plot size shall be as follows with a coverage not exceeding 75% :-

Type of Development Minimum Plot size
Incremental housing with one room cooking space and combined  bath and W.C. on ground floor and future extension of one room and a bath on first/ground floor.  30 Square meters
Two roomed house on each floor for group housing/ individual ownership housing. 40 Square meters

Note. - (1) The minimum size of plots takes into account the need for incremental housing. In the case of cities with population less than 0.5 million, the size of the plot may be increased by 331/3 percent.
(2) In exceptional cases in metropolitan cities with population more than 1 million the size of plots may be brought down to 25 square meters in case of low income house colonies located in congested areas or in areas as described by the Authority                                                        Provided that in case of high rise building the plot shall not be less than 1500 sq. meters and the width of the plot shall not be less than 21 meters . Subject to the minimum road width stipulation being fullfilled for the relevant catagory of plots.
(2) Industrial.- The size of plot shall not be less than 300 square meters and the width of plot shall not be less than 15 meters.
(3) Other land uses.- The minimum size of plots for buildings for other uses like business, educational, mercantile, assembly (cinema theatre), mangal karyalaya, petrol filling stations etc. shall be as decided by the Authority subject to the clause (i) to (iii) below :-
(i) Assembly Halls /Theatres.- The Minimum size of plot for assembly building/theaters used for public entertainment with fixed seats shall be in the basis of seating capacity of the building at the rate of 3 Sq mts. per Seat.
(i-a) Cinema Halls (except multiplexes) the following rules are added

1. Minimum width of road on which Cenema Plot is abutting – 18 Mts.
2. Minimum area of the plot per person - 2000 Square meter or 4 Sq. mt per person whichever is more.
3. Ground coverage. - 33% of the total plot area. (on ground)
4. Floor Area Ratio - 1:1:25
5. Marginal Open Spaces - Front –Minimum 15 Mts.
  Both sides – 6 Mts.
  Rear – 6 Mts.

Note:- Maximum 10% of the FAR may be used for Commercial use incidental with Cinema  activities.

• Rule 82,83,84 and other rules related with public facilities in Madhya Pradesh Bhumi Vikas Rules, 1984 Shall have to be followed.
Rules mentioned for parking, exit, public facilities and related activities must be followed.
(ii) Mangal Karyalaya/Kalyan Mandapam/Barat Ghar/Community Halls.- 
The size of plot shall not be less than 1000 square meters.
(iii) Petrol filling Station.-
(a) National high ways
For the site of petrol Pump situated on the National Highways, norms as decided by the Ministry of Road Transport and Highways Government of India Shall be applicable :-
(b) Norms for the site of the petrol pump situated on the road with in planning area except National Highways shall be as follows :

No. Population Minimum lot size within
The planning area
Frontage of
the Plot
Minimum
road with
on frontage
of the plot
Minimum
distance
from road
junction
Permissibility in land used of approved
development plan
Only Fuel
Filling
Fuel Filling
Station with
Services and
Facilities
1 2 3 4 5 6 7 8
1 Up to 1 lakh 20x20 35x35 20/35 18 100 Residential
Commercial Industrial. Public and semi Public And Agriculture
2 Above 1 lakh 20x20 35x35 20/35 24 100

 Note :- All dimensions are in meter.
1. Road junction as shown in the map of Traffic and Transportation plan enclosed with Development Plan book shall be accepted for column No.6 in the table above.
2. Provision for distance from Road junction shall not be applicable on roads of widths 18m. and above having service roads. However, the petrol pump owner shall have to construct service road and footpath in front of the petrol pump up to 250-250 meters on either sides of the petrol pump at his own cost. 

3. Minimum plot size for retail outlet for farmer service center in rural areas shall be as per column (4)
4. Workshop shall not be permitted in the plots of column (3)
5. For plot mentioned in column No.4 maximum built up areas shall not exceed 40% of the total plot area which may includes workshop and other services and facilities such as snack, stall drinking water, ATM, toilets ( Ladies and gents) etc.
6. Ladies and gents toilets, drinking water, equipments for fire fighting shall be necessarily provided in all fuel filling stations.
7. The minimum distance between two petrol pumps in the same direction shall be 300 meters, whereas distance between two petrol pumps on either side of the road having central verge shall be minimum 100 meters. On the road having no central verge the distance between two petrol pumps to be constructed on either side of the road shall remain 300 meters.
Provided that the distance between two petrol pumps to be constructed on city road other than National Highways shall be as specified by the Director in the respective Master Plan/ Development plan of the City.

*****