Govt. Circular Dt. 7th June, 2024 – Department of Housing – Sub- Procedure for the Grant of Land TDR for Slum Areas in Pune and Pimpari-Chinchwad

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Fixing procedure for the grant of Land TDR permissible for the transfer of slum occupied lands under Development Control Regulations- 2022

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Government of Maharashtra

Department of Housing

Government Circular No:-ZoPuPra-2024/Pra.Kra.66/ZoPuSu

Mantralaya, Mumbai-400 032

Dated 7th June, 2024

Reference:- Government Notification in the Department of Urban Development, bearing No:-TPS-1822/Pra.Kra.09/2023/NaVi-13, Dated 5th December, 2023.

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CIRCULAR:-

            On 5th December, 2023, the Department of Urban Development sanctioned Development Control Regulations for the Slum Rehabilitation Authority, Pune Area. Regulation No.14.6.11(2) of the said Regulations permits 1.5 times Land TDR for the congested areas and 1 time Land TDR for non-congested areas in favour of the owner of land for the transfer of slum occupied  lands to the Authority. However, the Slums Act, 1971 or the Guidelines/Government Resolutions issued by the Department of Housing do not contain any reference to such Land TDR. Hence, having regard to the pressing urgency/need in the matter, following Procedure is hereby proposed:-

                1. In some cases of slum occupied private lands, the land owner and developers do not reach consensus on the sale of land and in such cases, Slum Rehabilitation Schemes do not reach any conclusion and land acquisition under Chapter V of the Slums Act is the only way out. In the areas of Pune Authority, only 1-2 cases have reached logical conclusion after completing the land acquisition procedure as per the provisions of the Slums Act; hence, it is imperative that the Schemes stalled for the want of co-ordination between the land owners and developers be put on track by granting Land TDR permitted under the Development Control Regulations.    

                2. Since very few purchase-sale transactions are taking place in PMC/PCMC areas for the lands occupied by old slums, the Rates of such lands as set out in the Annual Statement of Rates are very low. Consequently, for lower feasibility of such Schemes, the developers are not eager to undertake transactions with the land owners.

                3. If there are any reservations on the slum occupied lands, lower price is offered to the land owner for 33% or 40% area to be transferred to the Municipal Corporation. Consequently, there are no transactions for such lands and as such no Rehabilitation proposals are filed.

                4. Since land acquisition procedure is a long-term procedure, immediate transfer of lands is not possible. Moreover, the Regulations for the year, 2014 provided 0.25 Land TDR for such lands, but due to low compensation the Authority could not receive such lands.

                5. Once the Authority acquires ownership of such slum occupied lands, several options will open up before the Authority for the implementation of Rehabilitation Schemes, accelerating Rehabilitation Projects in such places.

                6. Regulation No.11.2 of Consolidated Development Control and Promotion Regulations, 2020 sanctioned by the State Government contain provisions regarding allotment of Land TDR. However, as Slum Rehabilitation Authority has its own separate Regulations, a separate Procedure in this regard is proposed.

            2. Procedure:-

                (1) If the land owner is not ready to offer the slum occupied lands voluntarily to the Authority, the land acquisition procedure as per the provisions of the Act shall be adopted. But, if the land owner is ready to surrender the land voluntarily, the provisions vis-à-vis grant of Land TDR shall be invoked.

                (2) The concerned land owner should satisfy himself that, save and except the encumbrance of huts, the slum occupied lands proposed to be transferred are free from any encumbrance and that no case pertaining to such lands is pending in courts and after satisfying himself, the land owners should file before the Slum Rehabilitation Authority, a proposals for the voluntary transfer of such lands under due attestation. The land owner should undertake to pay charges/fees payable to all Government Departments on the transfer of such lands and also enclose with the proposal, an Indemnity Bond undertaking to indemnify the Slum Rehabilitation Authority in the event of any loss caused to the Authority. Under such Indemnity Bond, the entire responsibility of resolving any future dispute pertaining to the ownership of land or measurement of land shall rest upon the land owner.

                (3) It should be ascertained as to whether slum is declared on the lands to be transferred to the Authority or mere slum-like scenario exists on such lands and Slum Rehabilitation Areas should be declared under Section 3C of the Slums Act, 1971. The slum areas should exist on minimum 50% of the lands included in the Proposal and there should be an Access Road for the Scheme Areas. After taking into consideration the permissible user on such lands under the Sanctioned Development Plan, the possibility of implementing Slum Rehabilitation Scheme on the site should be explored at the level of the Authority.

                (4) The land owner should pay Government Survey Fees for such lands and get them measured by the concerned Survey Officer and thereafter get the declared areas noticed upon such survey, computed by a Registered Architect. On the basis thereof, such Maps and Cadastral Maps in appropriate scale, denoting details of the huts, shall be prepared by the land owner/Authority.

                (5) The land owner should file a Legal Search Report prepared by a Senior Advocate of the Authority vis-à-vis title of such lands. Such opinion, inter-alia, should certify the fact that there is no impediment in the transfer procedure for the proposed transfer of land in favour of the Authority, that all interested parties have consented for such transfer and that no case pertaining to such property is pending  in any court, whatsoever. All Revenue and Land Survey Records for the lands to be transferred, since 1948, as well as four boundaries and titular rights for the lands to be transferred, should be duly verified in this Report.  

            If the co-sharers in the undivided lands do not consent, then instead of getting such lands transferred, the option of land acquisition shall be considered by the Authority.

                (6) After taking aforesaid steps, such aspects as the area of land proposed to be transferred, title of land, consent of the co-sharers, development potential of the land, the Rate of land as disclosed in the Annual Statement of Rates, the feasibility of implementing Rehabilitation Scheme on such land etc. should be verified at the level of S.R. Authority. Thereafter, the Slum Rehabilitation Authority should submit a case-wise proposal for the transfer of such lands to the Government in the Department of Housing.

                (7) Once the sanction of the Government in the Department of Housing is received for the proposal, an order regarding sanction-in-principle should be passed at the level of Authority and it should be conveyed to the land owner. Thereafter, the land owner should demarcate such slum occupied lands as per Government Survey and erect boundary marks at each corner. An instrument regarding transfer of land notified under Section 3C of the Act, for the consideration of Land TDR should be prepared at the level of the Authority incorporating therein, the following details:-

                        (a) Details of the Order declaring Slum Rehabilitation Area under Section 3C;

                        (b) Details regarding titular rights of  the land, Record of Rights, proposed area, found boundaries, reservations, Survey map and land measurement details, valuation  etc.;

                        (c) Legal Search Report;

                        (d) If Government sanction is received for the transfer, the details thereof and a copy of the Order according sanction for the proposal;

                        (e) Details regarding transfer of possession of land.

            Once the Transfer Instrument is registered in the office of Registrar, at the cost of the land owner and the name of the Authority is added to the Record of Rights, the process of land transfer shall be complete.

                (8) Once the land notified under Section 3C of the Act is transferred in favour of the Authority, without passing any financial consideration and without any encumbrances (except the encumbrance of slums) and the name of the Authority is duly added to the Record of Rights, 100% Land TDR permissible under Regulation No.14.6.11(2) of the Development Control Regulations issued by the Government in the Department of Urban Development, shall be payable in favour of the land owner. The Slum Rehabilitation Authority should issue a Letter in the name of the land owner regarding allotment of Land TDR and it should specify the amount of valuation worked out as per the Annual Statement of Market Rates issued by the Department of Registration and Stamps, vis-à-vis such land.                         

                (9) The Slum TDR allotted as aforesaid by the S.R. Authority with the sanction of Government, shall be utilised at the level of the Municipal Corporation by issuing a Development Rights Certificate (DRC). Like Transferrable Development Rights in any other Slum Rehabilitation Scheme, TDR will be generated at the level of the Authority, whereas there will be a DRC utilisation at the level of the Municipal Corporation.

                (10) Since the slum-occupied land transferred in favour of the Authority vests in the Government, all provisions and fees applicable to the Slum Rehabilitation Schemes implemented on government lands shall be applicable to such lands. Necessary security measures shall be taken by the Authority for the protection of such transferred lands and Rehabilitation Proposals in conformity with the prevailing Regulations, shall be implemented on such lands. Since Land TDR for the entire land is already granted by the S.R. Authority, no land TDR shall be payable at the level of the Municipal Corporation, even if  the Municipal Corporation recovers  possession of the land earmarked under reservation.       

                (11) Where the land owner is himself a developer and he submits a proposal for Rehabilitation by following the prescribed procedure, no separate Land TDR shall be payable to such developer in his capacity as the owner of land because the incentive area permitted to the developer under R Factor, includes the rate of land.

                (12) In case of transfer of vacant lands for enabling Rehabilitation on account of relocation under Regulation No.14.6.16(2) of the Development Control Regulations, too, Land  TDR is permissible. If the lands on which SI Zone/EWS/MHADA, Housing for Dishoused, High Density Housing and such other types of zones/reservations are marked, are provided to the Authority in an unencumbered and vacant state, the aforesaid procedure should be adopted for getting such lands transferred in favour of the Authority by permitting Land TDR to facilitate implementation of Transit Camps/Slum Rehabilitation Scheme on such lands. However, in such case, the land owner, instead of erecting Boundary Marks as specified in Paragraph 7, should erect protective walls for the reason that open and vacant lands are proposed to be transferred.

            3. This Circular has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Computer Code Number is 202406071442553009. This Circular is attested and issued under digital signature.

            By the order and in the name of the Governor of Maharashtra,

                        DURGAPRASAD POCHAYYA MYLAWARAM- Digital Signature 

                                                            [Durgaprasad Mylawaram]

                                                Under Secretary, Government of Maharashtra

Copy:-

1] The Secretary to the Hon’ble Governor,

2] The Additional Chief Secretary and Secretary to the Hon’ble Chief Minister,

3] The Additional Chief Secretary and Secretary to the Hon’ble Deputy Chief Minister (Home),

4] The Additional Chief Secretary and Secretary to the Hon’ble Deputy Chief Minister (Finance),

5] The Private Secretary to the Hon’ble Minister (Housing),

6] Hon’ble Chairman, Legislative Council/Hon’ble Speaker, Legislative Assembly,

7] Hon’ble Leader of Opposition in the Legislative Council/Hon’ble Leader of Opposition in the Legislative Assembly,

8] All Hon’ble Members of the Legislative Assembly and Legislative Council,

9] All Joint Secretaries to the Hon’ble Chief Secretary,

10] All Additional Chief Secretaries/Principal Secretaries/Secretaries to the Government,

11] The Commissioner, Pune Municipal Corporation, Pune,

12] The Chief Executive Officer, Slum Rehabilitation Authority, Pune and Pimpari-Chinchwad Area, Pune,

13] The District Collector, District Collector’s Office, Pune,

14] Select File.

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[Text Translated by Adv. Prakash Manohar  Chalke

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