Unauthorised constructions in Besa, Beltarodi to get regularised

Regularise pre-Jan 2013 unauthorised constructions in rural areas: Govt panel

* Also recommends scrapping the ‘concept of obtaining NA permission’ on the line of step taken by Madhya Pradesh Government
* Panel favours making it mandatory for contractor/builder to register with respective municipal corporation/municipal council/District Collector
* FIR to be lodged against Sarpanch, deputy, member of Gram Panchayat who grants protection/permission to unauthorised construction in respective areas
* Several legal and administrative changes also have been recommended by the panel

By Kartik Lokhande
Finally, the cat is out of the bag. What was expected all these years, has come out in black-and-white in the report of the High-level Committee appointed by Maharashtra Government to curb unauthorised/illegal constructions in rural areas in the vicinity of major cities including Nagpur. The committee has recommended regularisation of all such unauthorised constructions that came up in the period before January 31, 2013.
Among several recommendations, this particular one will have a wider impact on real estate growth in areas closer to Nagpur and Pimpri-Chinchwad. As far as Nagpur is concerned, countless multi-storeyed buildings had come up in areas like Besa, Beltarodi, Shankarpur, Ghogli, Hingna, Wadi, Kanholibara, Bahadura etc. In many cases, it was found that builders/developers had violated norms and laws. Floor space index (FSI) norms also were violated brazenly. In fact, many properties including flats and commercial blocks changed hands very fast. In the process, many builders/developers got out of the tangle while those purchasing these properties were left to fend for themselves. After public interest litigations and notice taken by the Government, developments in these areas had slowed down.

Published in The Hitavada CityLine on August 28, 2013

Pursuant to several complaints, the State Government constituted a High-level Committee to recommend measures to prevent and curb illegal and unauthorised constructions in rural areas specially in peripheral areas of major cities. The committee appointed on September 7, 2012, submitted its report to the Government recently. The panel comprised Additional Chief Secretary (Revenue), Principal Secretary (Rural Development), Principal Secretary (Urban Development-I), Director of Town Planning, and Divisional Commissioners of Nagpur, Amravati, Aurangabad, Konkan, Pune, and Nashik. Principal Secretary (UD-I) was the co-ordinator of the committee.
The committee has recommended regularisation of such unauthorised construction in rural areas adjoining major cities. Such constructions dating back to period before January 31, 2013, only have been proposed to be regularised. In case of such constructions after the said cut-off date, the Government has proposed to adopt a policy of ‘zero tolerance for unauthorised construction’.
Under this policy, unauthorised constructions would be demolished. It has been proposed to constitute district and sub-division level committees to inspect and monitor constructions in rural areas to ensure that there is no violation of norms and laws in future. These teams have been empowered to serve on-the-spot notices to builders/developers executing unauthorised constructions. These teams can also effect demolition of unauthorised constructions, with the help of police, and requisitioning of machinery from Public Works Department and Water Resources Department.
Two other important recommendations include repealing of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act. Besides, it has been recommended to make it mandatory to obtain opinion of Town Planning Department in all types of development/construction permissions.

‘Scrap concept of NA permissions’ The High-level Committee has made several other recommendations. Prominent among these include doing away with the ‘concept of obtaining non-agricultural (NA) permissions’ on the lines of a step taken by Madhya Pradesh Government. Instead, the respective competent authorities -- municipal corporations/municipal councils/Gram Panchayats/District Collectors -- should grant permission for construction after scrutinising prevailing ownership rights, and submit a copy of the same to Revenue Department agency, which should charge NA cess and conversion cess. The committee has recommended to the Revenue Department to lay down new rules for NA conversion in consultation with Urban Development Department, as existing rules are ‘inadequate’ considering planning requirements.

Gram Panchayats to be empowered As has been reported, in many cases of unauthorised constructions in rural areas, the builders/developers had obtained permission for construction from respective Gram Panchayat. Now, the Government panel has decided to empower Gram Panchayat to grant permissions for constructions in Revenue gaothan areas. Suitable amendment has been proposed to be made to Maharashtra Regional and Town Planning (MRTP) Act. The proposed amendment reads, “Provided further that no such permission of Collector shall be required in the Gaothan area of a revenue village as defined under the Maharashtra Land Revenue Code, 1966, for any development undertaken with the permission of the concerned Gram Panchayat under Section 52 of Maharashtra Gram Panchayat Act, 1958.” For areas outside the gaothan, District Collector or subordinate officer should grant permission to construction only after the Gram Panchayat concerned has issued a ‘no objection certificate’. District Collector may delegate powers in this regard to an officer not below the rank of Tehsildar.

FIR against Sarpanch
To enable effective action against unauthorised constructions in rural areas, amendments to various laws have been suggested. These include incorporating enabling provisions in Maharashtra Gram Panchayat Act to lodge FIR against Sarpanch, Deputy Sarpanch, Member granting permission/protection to unauthorised constructions. Collector also has been empowered under MRTP Act to take action. Necessary amendments in Mumbai Stamp Act and Registration Act have been proposed to curb sale-purchase of unauthorised constructions.

Unauthorised construction control squads to be formed To check unauthorised constructions in rural areas adjoining major cities, the High-level Committee has recommended to constitute ‘unauthorised construction control squads’ at district and sub-division levels.
The district-level unauthorised construction control squad will headed by an officer of the rank of Deputy Collector, and Police Squad that will assist it will be headed by Police Inspector. The sub-division level panel will be headed by Sub-Divisional Officer and assisting police squad by Police Sub-Inspector.
These teams have been proposed to be empowered to conduct inspections and serve on-the-spot notices to executors of unauthorised constructions. These teams will be given latest satellite imagery of respective areas. They will be empowered to videograph entire demolition process in case of unauthorised constructions. For the first two years, the recommendations regarding constitution of committees for control of unauthorised constructions will be implemented in Nagpur, Amravati, Pune, Thane, Nashik, and Aurangabad. After studying their effectiveness, these recommendations will be implemented in other districts.

Reasons for unauthorised constructions

* Lack of integrated competent authority in rural areas. Involvement of various agencies makes the process of obtaining construction permissions tedious

* Lack of desire among people not to apply for necessary permissions due to complicated procedure

* Inadequate staff and lack of independent agency to inspect and handle cases of pre-construction permissions/clearances

* District-level centralisation of powers related to development, construction, non-agricultural permissions in rural areas

* Problems in getting non-agricultural and construction permissions due to transactions done in violation of laws

* No restrictions on sale-purchase of unauthorised constructions under the existing provisions of Mumbai Stamp Act and Resgistration Act

* Confusion in administration and among citizens as to who will act against unauthorised constructions and under which provisions

* As far as taking action against unauthorised constructions is concerned, no powers have been given to District Collector under MRTP Act

* Increasing tendency of people towards unauthorised construction in rural areas owing to lack of competent mechanism and inadequate force

* Delay in granting approval to proposals about including ‘development pressure zones’ in peripheral areas into city limits

Observations of the Government Committee

* Of a total 35 districts in State, 11 do not have regional development plan since 45 years

* These 11 districts include Wardha, Bhandara, Gondia, Yavatmal, Buldhana from Vidarbha region

* Town Planning Department has offices only at district level. Only skeletal staff is available and vacancies have crippled functioning

* Unauthorised constructions have come up around various major cities including Nagpur

* Unauthorised construction in areas in the vicinity of major cities including Nagpur is mainly in the form of multi-storeyed buildings on agricultural land divided into plots illegally. Such constructions have come up by exploiting additional floor space index (FSI) in violation of norms. ‘Ribbon Development’ along national highways, state highways, and major roads also have come up in rural areas of the State

* Gross violation of provisions under MRTP Act, Maharashtra Land Revenue Code, Maharashtra Gram Panchayat Act, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act

* Unauthorised constructions have been classified into -- illegal constructions, unauthorised constructions in areas under draft regional plan or finally approved regional plans, unauthorised constructions in other-than-residential areas under draft regional plan or approved regional plan, constructions in areas for which regional plans have not been notified or approved finally.