Regulation 33(9) At The Crossroads: The Arterial Road Proviso And The Unresolved Contiguity Question
- IJLLR Journal
- Jul 8
- 2 min read
Aditya Mukerji, B.A. LL.B. (Hons.), Amity Law School, Amity University Mumbai
I. Introduction
[1] Cluster redevelopment is the principal instrument through which Mumbai renews its ageing residential stock. The mechanism is codified in Regulation 33(9) of the Development Control and Promotion Regulations 2034 (DCPR 2034, reg 33(9)), which operates by treating multiple plots as a single unit and permitting reconstruction at an enhanced floor space index (FSI). The regulatory framework rests on two foundational spatial conditions: access from a public road of prescribed width, and boundaries defined by physical features such as roads and railway lines.
[2] A notification issued on 9 July 2021 modified the regulation significantly, introducing what this article terms the arterial road proviso (Government of Maharashtra 2021). Under the amended text, a scheme accessed by a narrower road qualifies for cluster status if an arterial road lies within approximately 500 metres. The proviso was designed to unlock stalled redevelopment in pocket areas where access constraints, rather than physical unsuitability, had prevented scheme formation.
[3] In relaxing access, however, the amendment left a consequential silence. The regulation does not address whether the proviso affects the boundary requirement, and no court has yet construed either the proviso or the contiguity requirement as independent questions. The leading authority on the regulation, Lakhani Housing Corporation Pvt. Ltd. v. State of Maharashtra [2025] INSC 489, resolves only the question of jurisdiction and locus, leaving the interpretive gap unaddressed (Lakhani Housing Corporation Pvt. Ltd. v. State of Maharashtra 2025).
[4] This article maps that gap. Section II explains the regulatory framework and the 2021 amendment. Section III identifies the contiguity question and its practical stakes. Section IV proposes a principled construction grounded in statutory text and regulatory design.
