Maharashtra G.R. dated 17th November, 2018 – Regularisation of Encroachments on Government Lands-
English Translation
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Regarding Regularisation of encroachments on Government Lands
within the area 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:- MUN-2018/Pra.Kra.197/Na.Vi-18
Madam Cama Road, Hutatma Rajguru Chowk,
Mantralaya, Mumbai-400 032
Date:- 17th November, 2018
Preface:-
The Central and State Governments have undertaken the ambitious campaign of providing homes to all dishoused families by the year 2022. For this the Central Government has accorded sanction for the implementation of Centre sponsored Pradhan Mantri Awas Yojna in 382 cities and their adjoining Planning Areas in the State. In the Urban Areas covered by the Pradhan Mantri Awas Yojna the beneficiaries are selected on the basis of criteria such as self-ownership land and annual income and the sanctioned Action Plan is implemented through the enforcement agency. However, where an eligible beneficiary does not have land of his own or happens to be the encroacher on any type of government land within the jurisdiction of Revenue Department and if such beneficiary decides to build a home of his own then he has no other option; hence, if such government land were to be made available to him, it would help in the expeditious implementation of this Scheme.
Hon’ble Cabinet in its meeting held on 13/11/2018 has taken a policy decision of regularizing encroachments for residential purpose put up on all types of government lands in the state within the jurisdiction of the Revenue Department in order to extend the benefit of the Pradhan Mantri Awas Yojna to the encroachers who are found eligible under the Scheme. Pursuant thereto, the Government contemplated the matter of issuing certain Guidelines. Accordingly, the following Guidelines are hereby issued.
Government Resolution:-
In order to take action of regularising encroachments for residential purpose put up on all types of Government Lands within the jurisdiction of the Revenue Department by the encroachers who are found eligible for the benefits under the Pradhan Mantri Awas Yojna, the below mentioned committees are hereby constituted and such committees are required to take action of regularizing such encroachments subject to the following terms and conditions:-
1] For Regularisation of encroachments on Government Lands within the limits of Municipal Corporations and “A” Class Municipal Councils:-
| District Collector | Chairperson |
| District Superintendent of Land Records | Member |
| Commissioner of the concerned Municipal Corporation or a Deputy Commissioner nominated by him/Chief Officer of the concerned “A” Class Municipal Council | Member Secretary |
2] For Regularisation of encroachments on Government Lands within the limits of “B” and “C” Class Municipal Councils and Nagar Panchayats:-
| Concerned Sub-Divisional Officer | Chairperson |
| Deputy Superintendent of Land Records | Member |
| Chief Officer of the concerned Municipal Council/Nagar Panchayat | Member Secretary |
Both the above Committees should take the action of regularizing encroachments in consultation with the Assistant Director of Town Planning, as per the requirements.
Terms & Conditions:-
[1] Only the plots which were encroached upon for residential purpose as on the date 01/01/2011 or since prior thereto shall be eligible for Regularisation;
[2] Such encroached plots should be regularised, subject to the maximum limit of 1500 Square Feet;
[3] Such encroachment should be regularised for the holding right in respect of “Occupier Class-2”;
(a) while regularising such encroachments no Occupational Right Fees should be levied from the encroachers belonging to the Scheduled Castes/Scheduled Tribes/Other Backward Classes.
(b) for remaining Classes no Occupational Right Fees should be levied for the area upto initial 500 Square Feet. However, while regularising encroachments of the remaining classes 10% amount should be levied as Occupational Right Fees for the area in excess of 500 square feet, but upto 1000 square feet on the basis of price of land as per the prevailing Annual Statement of Rates and 25% fees should be levied for the area in excess of 1000 square feet on the basis of price of such land as per the prevailing Annual Statement of Rates.
[4] Where an encroacher has expressed a desire to avail this Scheme by seeking regularisation of his encroachment, but whose encroached area is in excess of 1500 square feet, in such case the encroachment made by such encroacher should not be regularised until such encroacher removes on his own the encroachment in excess of 1500 square feet;
[5] Where such encroached area lies in No-Development Zone (e.g. land on the slope of a hill, CRZ etc.), such encroachment should not be regularised;
[6] While regularising such encroachment if the encroached land is found to be reserved in the Sanctioned/Model Development Plan for any Public/Semi-Public purpose, but the said land is required for the Pradhan Mantri Awas Yojna and the Urban Local Body submits a proposal to that effect, the District Collector shall submit an appropriate proposal to the Director of Town Planning, Maharashtra State, Pune for the shifting of reservation on such area elsewhere, seeking appropriate action thereon;
[7](a) while regularising encroachments as above, a consolidated Layout of the encroached lands should be prepared by the concerned Urban Local Body and upon the preparation of such Layout encroachments should be regularised as per their present status, subject to the aforesaid terms and conditions and in the course of redevelopment of such area the concerned Urban Local Body shall be duty bound to take action in conformity with the sanctioned Layout. While preparing a Layout as aforesaid arrangement should be made for providing necessary amenities and facilities in conformity with the provisions of the Maharashtra Regional and Town Planning Act, 1966 and the Development Control Regulations, insofar as may be necessary. However, if the preparation of such Layout necessitates relaxation of any provisions of the Development Control Regulations, the District Collector should send a necessary proposal to the Director of Town Planning, Maharashtra State, Pune and further action should be taken in conformity with the sanction given by the Director;
(b) the powers to shift reservations on such areas elsewhere and to grant necessary relaxations while sanctioning a Layout are conferred upon the Director of Town Planning, Maharashtra State, Pune by virtue of Section 151 of the Maharashtra Regional and Town Planning Act, 1966. Department of urban Development (UD-1) should take the action of publishing Notification in that regard in the Government Gazette;
[8] Such encroachment should not be regularised unless a written undertaking is obtained from the concerned encroacher assuring the transfer to the concerned Urban Local Self-Government Body of the part of the area from the encroached land required for basic amenities and facilities, such as road, drains, water supply, without claiming any compensation;
[9] Before granting Redevelopment/Building permission to the encroacher whose encroachment is regularised the concerned Urban Local Body should sanction a Building Plan, subject to the limits of the Floor Space index permissible on the encroached area. Moreover, it should be ensured that the encroacher keeps the area vacant as per the requirements of Sr.No.08 above;
[10] District Collectors should take the prescribed action after having due regard to the orders passed by the Hon’ble Courts from time to time regarding such lands/encroachments;
[11] In the Charter (sanad) to be prepared on the regularisation of such encroachment the names of the concerned husband and wife should be included;
[12] In order to enable an encroacher eligible under this Scheme to carry out construction of his home by raising required loan from the financial institutions on the strength of mortgage of the area/construction so regularised, action may be taken pursuant to the Government Resolutions issued by the Department of Revenue from time to time;
[13] The concerned Urban Local Body should take necessary action under the Maharashtra Regional and Town Planning Act, 1966 and the concerned District Collector should take the action for obtaining necessary sanctions/permissions as per the provisions of the relevant Acts applicable to such land;
[14] Encroachments on government lands within the jurisdictional limits of a Slum Rehabilitation Authority cannot be regularised under this Government Resolution. However, if due to any unavoidable reasons it is not possible to implement a Slum Rehabilitation Scheme on a plot required for the Pradhan Mantri Awas Yojna within such jurisdictional limits and the Slum Rehabilitation Authority gives No-Objection to the Urban Local Body for the implementation of the Pradhan Mantri Awas Yojna on such plot, this Policy should be implemented in such place;
[15] If while taking any action pursuant to the procedure laid down in this Government Resolution the provisions of any previously issued Government Resolutions regarding disposal of Government Lands within the jurisdiction of the Revenue Department are found to be inconsistent with the provisions of this Government Resolution, those provisions to the extent of implementation of this Scheme should be treated as having been repealed;
[16] The concerned District Collector should ensure that henceforth there will be no encroachment on government lands. In this regard, the concerned District Collector should draw the necessary measures. Moreover, if such encroachment is ever noticed action should forthwith be taken for fixing responsibility thereof on the concerned parties.
This Government Resolution is issued with the concurrence of the Departments of Housing and Revenue and it is made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in. Its’ Code Number is 201811171726034625. 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
To,
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 Secretary, Department of Finance/Department of Housing/Department of Revenue and Forest, 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, Pune.
8] All District Collectors.
9] Commissioners of all Municipal Corporations (except Mumbai Municipal Corporation).
10] The Director of Town Planning, Maharashtra State, Pune.
11] Chief Officers of all Municipal Councils/Nagar Panchayats.
12] All District Superintendents of Land Records.
13] Special Task Officer to the Principal Secretary (UD-2).
14] The Joint Secretary, Department of Revenue & Forests, Mantralaya, Mumbai.
15] Select File, Work Desk- UD-26.
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[Translated by Adv. Prakash Manohar Chalke-
All Rights Reserved]©
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