G.R. Dt. 17th January, 2008 – Department of Housing – Annexure II in SRA Schemes of Maharashtra
—————–
Precaution to be taken by the Competent Authorities while preparing Annexures regarding Eligibility of the Hut Holders
Government of Maharashtra
Department of Housing
Government Resolution No:- ZoPuYo-2007/Pra.Kra.105/ZoPaSu-1
Mantralaya, Mumbai-400 032
Dated 17th January, 2008
———————
The State Government has started Slum Rehabilitation Scheme for improving life and standard of living of slum dwellers and in furtherance thereof, amendments have been made to the Maharashtra Slums (Improvement, Clearance and Redevelopment) Act, 1971. As per the provisions of this Act, a Slum Rehabilitation Authority can be established for the cities which are covered by the provisions of the Maharashtra Slums (Improvement, Clearance and Redevelopment) Act, 1971. Slum Rehabilitation Schemes for the slum dwellers are sanctioned by this Authority. Under Slum Rehabilitation Scheme, the procedure regarding fixation of eligibility of the hut holders and issuance of Annexure- II regarding such eligibility is completed by a “Competent Authority” declared under the provisions of Section 3 of the Maharashtra Slums (Improvement, Clearance and Redevelopment) Act, 1971 and Annexure-II certified by him is despatched to the Slum Rehabilitation Authority. After examination of such matters as, Annexure I of Slum Rehabilitation Scheme, Annexure II regarding eligibility of the hut holders, financial capacity of the developer selected by the slum dwellers, consent for the Scheme by the prescribed ratio of eligible hut holders, feasibility of the Scheme, etc., the Slum Rehabilitation Scheme for the slum dwellers is sanctioned by the Rehabilitation Authority.
After issuance of Annexure-II, concerning eligibility of the hut holders by the Competent Authority or at various levels of commissioning such Slum Rehabilitation Scheme, complaints regarding validity of Annexure II are received by the Competent Authority, Slum Rehabilitation Authority and the Government. Several cases are also filed in courts vis-à-vis Annexure II. As a result, several obstacles are created in the implementation of a Slum Rehabilitation Scheme. In view of this, the Competent Authorities should prepare Annexure-II, in scrupulous compliance of the following Guidelines, so as to speed up implementation of the Slum Rehabilitation Scheme.
1. While deciding eligibility of the hut holders, Competent Authorities should accept from hut holders only the documents prescribed by the Government in token of proof of residence. After examination of the original documents submitted by way of proof, the Competent Authorities should return them and preserve attested copies of such documents in their office.
Your attention is drawn to Government Circular in the Department of Food and Civil Supply and Consumer Protection, bearing No:- Sankirna.1897/1964/Pra.Kra.8065/NaPu-28, Dt. 21st November, 1998 regarding non-admissibility of use of Ration Card as a conclusive evidence of residence.
In this context, Guidelines have been declared by the Department of Housing, Vide its Government Resolution No.GaVaSu-1220/Pra.Kra.204(1)/ZoPaSu-1, Dt.8th November, 2001, vis-à-vis documents which should be held as admissible proof regarding eligibility of the hut holders. They should be taken into account while fixing eligibility of hut holders.
2. Competent Authorities should use Voters’ List certified by the District Election Officer as maintained by them while declaring such eligibility.
3. The name of the hut holder should tally exactly with the name in the List of Voters or other documents submitted by the hut holders. The Competent Authority shall have the powers to take a decision in the matter of alphabetical errors in the name.
4. The Voters’ List should mainly be used while deciding eligibility of the hut holders.
5. If the name is not included in the Voters’ List, the proof prescribed by the Government should be accepted. While accepting such proof, especially, Electricity Bills, Telephone Bills, the office of Competent Authority should attest their authenticity by making a reference to the Authority which issued such documentary proof.
6. Ration Card should not be accepted as a proof of eligibility.
7. Except Voters’ List or the documents prescribed by the Government, no other documents submitted by the hut holder should be accepted by the Competent Authority as an admissible proof. Only if continuous occupation of a hut holder in the same hut since prior to 01.01.1995 is proved from the documentary evidence, such hut holder would be eligible for protection.
8. The Competent Authority should take a decision in writing, regarding eligibility/non-eligibility by examining in person, the documents submitted by the hut holder regarding his residence/use and thereafter prepare Annexure-II thereof.
9. One it is decided that the hut holder is eligible for protection or for getting alternative accommodation in the Slum Rehabilitation Scheme, a joint photograph of the hut holder with his family in the front portion of the hut, adjacent to the door, should be taken. For this an ordinary camera and videography should be used.
10. In order to establish identity of the eligible hut holder and to verify authenticity that he is the same eligible hut holder, modern technology, such as Irish Technology/Bio-Metric Technology should be used. Furthermore, fingerprints of the eligible hut holder should be obtained in a proper manner.
11. The Competent Authority should permanently maintain in his office such documents as the fingerprints of the eligible hut holder, joint photograph of the family, video tape, specimen signature, photograph taken by Irish Technology, Eligibility List, Letter of Consent obtained from the hut holder etc.
12. In order to establish the fact as to whether the hut holder is continuously occupying or residing in the hut since prior to 01.01.1995 and the hut has existed since prior to 01.01.1995, the Competent Authority would be required to conduct in person, site inspection of the premises included in the proposal of slum Rehabilitation Scheme.
13. The Map of Slum Rehabilitation Scheme enclosed with the Slum Rehabilitation Scheme ought to be attested by the concerned Land Surveyor and the Competent Authority. Such Map should clearly set out such details as, the entire slum included in the Slum Rehabilitation Scheme, total area of the slum, total number of huts, area of each hut, vacant area, lanes and alleys and the area occupied by lanes and alleys.
14. The Competent Authority should resort to modern technology in the preparation of Satellite Survey of the slum, as well as Cadastral Digital Map thereof.
15. The Competent Authority should ensure that the huts, vacant spaces and hut holders, outlying the slum area, are not included in the slum Map prepared under the Slum Rehabilitation Scheme. Instructions to that effect should be issued to the concerned office staff.
16. The Competent Authority should submit a certificate in the prescribed format enclosed herewith, along with each Annexure-II, submitted by him.
17. The Competent Authority should obtain from each eligible hut holder, a Letter of Consent on Rs. 100/- Stamp Paper, to the effect that he has consented to become a member of the co-operative housing society and concurred in the selection of the developer. A photograph of the eligible hut holder should be affixed on the Letter of Consent and his signature should be obtained and the same should be notarized.
18. After preparation of annexure II for each Slum Rehabilitation Scheme, the same should be attested and published in a conspicuous public place in the concerned settlement, as well as in the office of the Competent Authority and the Slum Rehabilitation Authority. After publication of such Annexure II, a Panchanama should be drawn for the Annexure- 2, together with photograph of such site and objections should be invited by giving 15 days period. After receipt of objections, an opportunity of hearing should be given to each objecting party and orders should be passed thereon. Only then Annexure-II should be finalised.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.intranet.maharashtra.gov.in and its Code Number is ___________________.
By the order and in the name of the Governor of Maharashtra,
[A.K.Jagtap]
Deputy Secretary, Government of Maharashtra
To,
1] The Principal Secretary to the Hon’ble Chief Minister,
2] The Principal Secretary to the Hon’ble Deputy Chief Minister,
3] The Private Secretary to the Hon’ble Minister of State (Housing),
4] The Additional Chief Secretary, Department of Revenue and Forest, Mantralaya, Mumbai,
5] The Principal Secretary, Department of Urban Development, Mantralaya, Mumbai,
6] The Commissioner, the Municipal Corporation for Greater Mumbai,
7] All Divisional Revenue Commissioners,
8] The Chief Executive Officer, the Slum Rehabilitation Authority, Griha Nirman Bhawan, Bandra,
9] Commissioners of Pune, Pimpari-Chinchwad, Nagpur and Thane Municipal Corporations,
10] District Collectors, Mumbai City/Mumbai Suburban District/Thane/Pune/Nagpur,
11] Additional Collectors (Encroachment/Eviction), Mumbai City, Eastern Suburbs and Western Suburbs,
12] All Deputy Secretaries/Under Secretaries/Section Officers, Department of Housing, Mantralaya, Mumbai,
13] Select File, Desk No (ZoPaSu-1), Department of Housing, Mantralaya, Mumbai.
———————
[Text Translated by Adv. Prakash Manohar Chalke
Copyright Reserved]©
@@@@@@@@@@