G.R. dt. 18th September, 2019- – Regularisation of illegal transfers in the displaced persons’ colonies in Mumbai*
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Regarding Regularisation of illegal transfers in the
displaced persons’ colonies in Mumbai city and
Mumbai Suburban District
Government of Maharashtra
Department of Revenue & Forest
Government Resolution No.EVP-2017/585/Pra.Kra.117/Ra-6,
Madam Cama Marg, Hutatma Rajguru Chowk,
Mantralaya, Mumbai-400 032
Dt.18th September, 2019
Vide:-
Government Resolution in the Department of Revenue & Forest, No.EVP-2017/585/Pra.Kra.117/Ra-6, Dt.9th September, 2019.
Preface.—
A proposal regarding regularisation of the breach of conditions pertaining to illegal transfer of flats, squat (baithi) houses, tenements in barracks, commercial/industrial tenements comprised in the displaced persons’ colonies in Mumbai City and Mumbai suburban district, by displaced persons to displaced persons and by displaced persons to non-displaced persons, by way of sale/gift deed or deed of donation etc., by charging transfer fees therefor in favour of the persons presently occupying the same, was presented at the cabinet meeting held on 9th September, 2019. This proposal presented by the department was discussed in the meeting of the cabinet and a decision was taken in the said cabinet meeting to constitute a Cabinet Sub-Committee under the Chairpersonship of Hon’ble Minister (Revenue) to lay down the procedure for regularisation of breach of conditions in the instant matter and to take a final decision accordingly. It was further decided that the decision taken by the Cabinet Sub-Committee would be final and would not require fresh sanction of the Cabinet. Accordingly, a Cabinet Sub-Committee under the Chairpersonship of Hon’ble Minister (Revenue) was constituted vide the above referred Government Resolution dt.9th September, 2019. A meeting of this Committee was held on 13th September, 2019. In furtherance of decision taken by the Cabinet Sub-Committee the Government contemplated the matter of issuing a Government Resolution.
Government Resolution:-
By this Government Resolution sanction is hereby accorded for the regularisation of breach of conditions pertaining to non-permitted illegal transfers/breach of conditions in respect of flats, squat (baithi) houses, tenements in barracks, commercial/industrial tenements comprised in the displaced persons’ colonies in Mumbai city and Mumbai suburban district by displaced persons to displaced persons and by displaced persons to non-displaced persons effected by way of sale/gift deed or deed of donation, by charging the following fine/fees in favour of the persons presently occupying the same, subject to compliance of the prescribed terms/conditions.
| Classification | Percentage of fees/fine to be charged as per the valuation of Property under the prevailing Annual Statement of Rates | |
| From displaced persons to displaced persons | From displaced persons to non-displaced persons | |
| Prior to 1968 | 1% | 5% |
| Between 1968 and 1978 | 3% | 15% |
| After 1978 | 4% | 20% |
2. The concerned District Collector shall have the powers of regularising breach of conditions. While regularising breach of conditions the amount of fine should be charged only once. The period of this scheme shall be 2 years from the issuance of this Government Resolution. Thereafter the breach of conditions should be regularised by charging an amount of fine equal to the prevailing market value.
3. The other terms and conditions of the Scheme shall be as under:-
(a) The persons desirous of availing regularisation of the breach of conditions shall be obliged to make applications on their own to the District Collectors within the prescribed period and to furnish necessary documents in that regard.
(b) Only the transfers pertaining to flats in buildings, squat (baithi) houses, rooms in barracks and commercial/industrial tenements duly registered with the Sub-Registrar should be regarded as admissible transactions. Any other document/agreement should not be taken into consideration. The responsibility of furnishing proof pertaining to the registered instrument of transfer shall rest upon the applicant.
(c) Before proceeding with the regularisation of breach of conditions, the applicant shall be obliged to verify the documents of purchase-sale and further to ascertain as to whether stamp duty has been paid in such cases and in case of non-payment, to pay the same with fine.
(d) This Scheme of Regularisation of breach of conditions shall apply only to the previously effected transfers within a period of two years from the date of issue of this Government Resolution. The concerned District Collector should arrange for the extensive publicity of this decision/Scheme for facilitating completion of proceedings within the prescribed period.
(e) Such other terms and conditions as the District Collectors may find consistent with this Policy.
4. If any difficulties arise in the implementation of this Scheme/Policy, the Government shall have the powers to modify the aforesaid terms and conditions of the Scheme in that regard.
5. This Government Resolution is made available on the website of the Government of Maharashtra— www. Maharashtra.gov.in and its Code Number is 201909181839154119. This Resolution is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra.
Shahajahan Shakur Mulani-Digital Signature
[Shahajahan Mulani]
Under Secretary to the Government
Copy:-
1. The Principal Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
2. Hon’ble Leader of Opposition (Legislative Assembly/Legislative Council), Vidhan Bhawan, Mumbai,
3. The Private Secretary to Hon’ble Minister (Revenue), Mantralaya, Mumbai,
4. The Private Secretary to the Hon’ble Minister (Higher & Technical Education), Mantralaya, Mumbai,
5. The Private Secretary to the Hon’ble Minister (Industries), Mantralaya, Mumbai,
6. The Private Secretary to the Hon’ble Minister (School Education), Mantralaya, Mumbai,
7. The Private Secretary to Hon’ble Minister of State (Urban Development), Mantralaya, Mumbai,
8. All Hon’ble Members of the Legislative Assembly/Legislative Council of the Maharashtra Legislature,
9. The Additional Chief Secretary, (Revenue), Mantralaya, Mumbai,
10. The Principal Secretary (Finance), Mantralaya, Mumbai,
11. The Secretary (Disaster Managerial Relief and Rehabilitation), Mantralaya, Mumbai,
12. The Divisional Commissioner, Konkan Division, Old Secretariat, Fort, Mumbai,
13. The District Collector, Mumbai City,
14. The District Collector, Mumbai Suburbs,
15. The Settlement Commissioner, Consolidate Property, Damages and Custodian of Evacuee Property, Maharashtra State, Mumbai,
16. The Managing Officer, Mumbai City District,
17. The Managing Officer, Mumbai Suburban District,
18. The Accountant General-1, (A&E), Maharashtra, Mumbai,
19. Department of Finance (Work Desk-Expenditure-10), Mantralaya, Mumbai,
20. Select File (Work Desk R-6).
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[* Translated by Adv. Prakash Manohar Chalke-
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