G.R. dated 6th March, 2019 –– Sub- Regularisation of encroachments on Government Lands
[English Translation]
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Regarding regularisation of encroachments on all Government Department lands (excluding Forest Department) within the areas of Urban Local Self-Government Bodies for the effective implementation of “Housing for All- 2022” Policy
Government of Maharashtra
Department of Urban Development
Government Resolution No. Sankirna-2019/Pra.Kra.15/Na.Vi-26
Madam Cama Marg, Hutatma Raj Guru Chowk, Mantralaya, Mumbai- 400 032.
Date:- 6th March, 2019
Ref:-
1] Government Resolution in the Department of Housing, bearing No. Pra.Aa.Yo-2015/Pra.Kra.110/Gru.Ni.Dho-2 (Cell), Dt. 9th December, 2015.
2] Government Resolution in the Department of Urban Development, bearing No.MUN-2018/Pra.Kra.197/Na.Vi-18, Dt. 17th November, 2018 and Corrigendum Dt. 26/02/2019.
Preface:-
The Central and State Government have undertaken an ambitious Mission of providing housing to all shelterless families by the Year 2022. For this purpose, the Central Government has granted approval for the implementation of the Centre sponsored Pradhan Mantri Awas Yojna in 382 cities and their adjoining planning areas within the state. The beneficiaries of the Pradhan Mantri Awas Yojna in the urban areas are selected on the basis of criteria viz. self-ownership land and annual income and the Sanctioned Action Plan is enforced through the implementing agency. In this regard, the Department of Housing has settled its Policy vide Sr. No.1 referred to hereinabove. As per this Policy, the slums are to be developed where they are situated. However, under this Policy, an eligible beneficiary who does not have land of his own cannot avail the benefit of this Scheme. Consequently, such person could be deprived of this ambitious scheme.
Hence, as per the decision taken by the Hon’ble Cabinet in its meeting held on 13/11/2018 Guidelines were issued vide the above referred Government Resolution at Sr.No.2 regarding encroachers on any type of government land within the jurisdiction of the Revenue Department. In that regard, it is so noticed that it has helped a great deal in the effective implementation of the Pradhan Mantri Awas Yojna.
Hence, on similar lines the Government contemplated the proposal of extending the Guidelines contained in the Government Resolution at Sr.No.02 above even to the encroachers on lands belonging to all remaining departments of the State Government (excluding Forest Department) situated in urban areas, so as to give them benefits of this scheme. Accordingly, the following Guidelines are issued as here under:-
Government Resolution:-
The below mentioned Committee is hereby constituted for taking action on the regularisation of encroachments for residential purpose made by the encroachers situated on lands belonging to all remaining departments of the State Government (excluding forest department) in the urban areas who are eligible for getting the benefits under the Pradhan Mantri Awas Yojna in urban areas. This Committee should take action as to regularisation of such encroachments, subject to following terms and conditions:-
| District Collector | Chairperson |
| District Administrative Head of the concerned Administrative Department | Member |
| Deputy Collector | Member |
| District Superintendent, Land Records | Member |
| Commissioner of the concerned Municipal Corporation or a Deputy Commissioner nominated by him Or Chief Officer of the Municipal Council/Nagar Panchayat (As the case may be) | Member Secretary |
The above Committee should take action on the regularisation of encroachments in consultation with the Assistant Director of Town Planning as per requirements.
Terms & Conditions:-
1] The plots encroached upon for residential purpose on or before 01/01/2011 shall be eligible for regularisation.
2] Such encroached plots should be regularised, subject to maximum limit of 1500 square feet.
3] Such encroachment should be regularised with “Occupier Class-2” holding rights.
(a) while regularising such encroachments no amount should be levied towards Occupier Rights Charges from the encroachers belonging to the Scheduled Castes/Scheduled Tribes/Other Backward/Economically Weaker Sections.
(b) for the remaining Class no amount should be levied for Occupier Rights Charges for the initial 500 square feet area. However, while regularising encroachments for the remaining Class, 10% amount should be levied as Occupier Rights Charges on the basis of price of such land worked out as per the prevailing Annual Statement of Rates for the area in excess of 500 square feet, but upto 1000 square feet and 25% amount should be levied on the basis of price of such land as per the prevailing Annual Statement of Rates for the area in excess of 1000 square feet.
4] Where an encroacher has expressed a desire to avail this scheme, with a view to getting the encroachment regularised, but the encroached area of such encroacher exceeds 1500 square feet, in such case the encroachment of such encroacher should not be regularised, unless such encroacher on his own removes his encroachment in excess of 1500 square feet.
5] Where such encroached area lies in No-Development Zone (e.g. land situated on slope of a hill, CRZ, etc.), such encroachment should not be regularised.
6] If while regularising such encroachment such encroached land is found to be reserved for any public/semi-public purpose under any Sanctioned/Draft Development Plan, but such land being required for the Pradhan Mantri Awas Yojna the Urban Local Body submits a proposal to that effect with the approval of the concerned Administrative Department, then the District Collector shall submit the required proposal regarding reservation on such area for appropriate action thereon to the Director of Town Planning, Maharashtra State, Pune.
[7][A]
(1) In the first phase, encroachments of the eligible beneficiaries should be regularised, subject to above terms & conditions.
(2) Thereafter the concerned Local Self-Government Body should prepare a consolidated layout of such encroached land and get the same sanctioned.
(3) Thereafter, in the event of re-development of such area all concerned parties shall be obliged to act as per this Sanctioned Layout.
(4) While preparing a Layout as aforesaid, action as far as possible should be taken in accordance with the provisions of the Maharashtra Regional and Town Planning Act, 1966 and the Development Control Regulations regarding provision of necessary amenities and facilities.
(5) However, if the preparation of such Layout warrants relaxation of any of the provisions of the Development Control Regulations the District Collector should forward required proposal for such relaxation to the Director of Town Planning, Maharashtra State, Pune and further action should be taken as per the sanction of the Director.
[B] The powers of granting necessary relaxations while sanctioning Layout of reservation on such area are hereby conferred upon the Director of Town Planning, Maharashtra State, Pune, under Section 151 of the Maharashtra Regional and Town Planning Act, 1966. The Department of Urban Development (UD-1) should proceed to publish a Notification in that regard in the Government Gazette.
8] Such encroachment should not be regularised without obtaining an undertaking in writing from the concerned encroacher that he would transfer to the concerned Urban Local Self-Government Body without claiming any compensation the area comprised in such encroached land which is required for essential basic amenities and services such as roads, drains and water supply before regularisation of such encroachment is effected.
9] Before granting Redevelopment/building permission in favour of the encroacher who has been so regularised the concerned Urban Local Body should sanction the Building Plan within the limits of the Floor Space Index permissible on the encroached area. Moreover, it should be ensured that the encroacher shall keep the area required by Sr.No.08 above, vacant.
10] The orders passed by Hon’ble Court from time to time, regarding such land/encroachment should be looked into and the action prescribed there under should be taken by the District Collector.
11] The names of the concerned husband and wife should be included in the Sanad to be prepared on the regularisation of such encroachment.
12] Action regarding mortgage of the regularised area/construction can be taken in accordance with the Government Resolutions issued from time to time by the Department of Revenue to enable the encroacher eligible under this Scheme to raise required loan from the financial bodies for carrying out construction of his house.
13] The concerned Urban Local Body should take the action required by the Maharashtra Regional and Town Planning Act, 1966 and the concerned District Collector should take the action regarding the procurement of necessary sanctions/permissions as per the provisions of the relevant Acts applicable to such land.
14] Encroachments on Government lands within the jurisdiction of the Slum Rehabilitation Authority cannot be regularised by virtue of this Government Resolution. However, if due to any unavoidable reason it is not possible to implement a Slum Rehabilitation Scheme on the plot which is required for the Pradhan Mantri Awas Yojna within such jurisdiction and the Slum Rehabilitation Authority issues No-Objection to the Urban Local Body for the implementation of the Pradhan Mantri Awas Yojna on such plot then this Policy should be implemented on that site.
15] If while taking any action as per the procedure set out in this Government Resolution, any provisions of the previously issued Government Resolutions regarding disposal of Government lands under the control of the respective departments are found to be inconsistent with the provisions of the this Government Resolution then those provisions should be treated as having been repealed to the extent of implementation of this Scheme.
16] The concerned District Collector/District Head of the concerned Administrative Department should ensure that henceforth there would not be any encroachment on such Government/Authority lands. The concerned District Collector and the District Head of the concerned Administrative Department should devise necessary measures in this regard. Moreover, if such encroachment is ever brought to the notice, action should forthwith be taken for fixing accountability on the concerned parties.
This Government Resolution is made available on the website of the Government of Maharashtra—www.Maharashtra.gov.in and its Code Number is 201903061209221125. This Resolution is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra.
Sanjay S. Gokhale— Digital signature
[S.S. Gokhale]
Joint Secretary, Government of Maharashtra
Copy:-
1) All Members of the Legislative Assembly/Legislative Council,
2) Hon’ble Chief Secretary,
3) The Additional Chief Secretary to the Hon’ble Chief Minister, Chief Minister’s Secretariat, Mantralaya, Mumbai,
4) Additional Chief Secretaries/Principal Secretaries/Secretaries of all Administrative Departments, Mantralaya, Mumbai,
5) The Principal Secretary (UD-1/UD-2), Department of urban Development, Mantralaya, Mumbai,
6) All Divisional Commissioners,
7) The Settlement Commissioner-cum-Director of Land Records, Maharashtra State, Mumbai,
8) All District Collectors,
9) District Administrative Heads of all concerned Departments,
10) Commissioners of all Municipal Corporations (excluding Mumbai Municipal Corporation),
11) The Director of Town Planning, Maharashtra State, Pune,
12) Chief Officers, all Municipal Councils/Nagar Panchayats,
13) All District Superintendents of Land Records,
14) Select File, Work Desk, UD-26.
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[Translated by Adv. Prakash Manohar Chalke-
Copyright Reserved]
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