Changes proposed in MRTP Act to ‘tackle’ unauthorised constructions in rural areas

By Kartik Lokhande 

Adding to the spree of pre-election decisions and proposals, Democratic Front (DF) Government has now come up with the draft of a Bill proposing changes in Maharashtra Regional and Town Planning (MRTP) Act. The Bill, which is stated to be aimed at ‘tackling’ the ‘large-scale unauthorised constructions’ in rural areas in the vicinity of major urban centres like Nagpur, is likely to be tabled before State Legislature during the Monsoon Session commencing from June 2.
Surprisingly, the Government appears to be in a hurry of pushing the Bill as it has invited suggestions/objections on the draft within only 10 days since May 23. Those having any suggestions/objections will have to submit the same to Principel Secretary (Urban Development-I), Mantralaya, till June 2, that is, the date of commencement of Monsoon Session of State Legislature. This is very surprising, considering the fact that the Government sat pretty since August 2013 over the High-level Committee’s report.

First, the State Government chose to turn Nelson’s Eye towards unauthorised construction mushrooming around all the major cities including Nagpur. Then, it formed a High-level Committee to ‘curb’ such constructions. In August 2013, it came up with the report recommending regularisation of ‘all such unauthorised constructions’ that came up before January 31, 2013. Later, it went into deep slumber again for nine months. Now, as if paving ground to face the ensuing Legislative Assembly elections, the Government has come up with a proposal to make changes in MRTP Act to ‘tackle’ the ‘large-scale unauthorised constructions’.
As per the Government, the draft of the Bill has been prepared as various measures like removal of overlap in the jurisdiction of different authorities responsible for controlling development in rural areas, empowering the Collector to take action against unauthorised construction, and providing for compounding of unauthorised structures subject to certain conditions. Thus, though the stated object of the Bill is to ‘tackle’ the unauthorised constructions, it actually aims at paving the way for ‘protecting’ such constructions.
The draft of the Bill proposes changes to Sections 2, 14, 18, 156, and insertion of a new Section 123 K-1. In Section 2, the Bill proposes to insert the definition of ‘compounded structure’. As per the draft, ‘compounded structure’ means ‘an unauthorised structure in respect of which the compounding charges as levied by the Collector under sub-section 2-B of Section 18 are paid by the owner or occupier of such structure, and which, upon such payment, has been declared as such by the Collector.’ In Section 14, provision for grant of additional floor-to-space (FSI) subject to certain conditions is proposed.
The powers for permitting the development within the gaothan area of a village as defined in Clause 10 of Section 2 of Maharashtra Land Revenue Code are proposed to be given to the Gram Panchayat concerned, in Section 18. In the same section, the Collector is proposed to be empowered to take action in respect of unauthorised constructions in rural areas, as per the guidelines for the time being in force. Also, provisions are proposed for delegation of Collector’s powers to other officers.
A new Section 124 K-1 is proposed to be inserted in MRTP Act with a view to collecting the development charge while permitting development in the rural areas and to provide for its distribution between the State Government and the Gram Panchayat. In Section 156, it is proposed ‘to protect’ the development which has been duly permitted or is deemed to have been permitted by the Gram Panchayat concerned within the area of gaothan or the Gunthewari development that has been duly regularised in accordance with the provisions of Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act.
This is pretty interesting, as most of the construction that has mushroomed in the rural areas in the vicinity of urban centres have been termed as ‘unauthorised’ or ‘illegal’ ones as Gram Panchayats issued permission though it was not in their powers to do so. In many cases, like in Besa-Beltarodi area near Nagpur city, based on the Gram Panchayat’s nod, many builders effected tall constructions in violation of FSI norms.

Observations made by High-level Committee In fact, the High-level Committee appointed by the State Government to look into the issue of unauthorised constructions in rural areas, had pointed out gross violation of provisions of MRTP Act, Maharashtra Land Revenue Code, Maharashtra Gram Panchayat Act, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act. Besides, it had observed that unauthorised constructions in areas in the vicinity of major cities including Nagpur were mainly in the form of multi-storeyed buildings on agricultural land divided into plots illegally. Such constructions came up by exploiting additional 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. Further, the committee had classified such unauthorised constructions into following categories -- 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.
As far as Nagpur is concerned, countless multi-storeyed buildings have 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. 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. 

(27-05-14)