G.R. Dt. 14th March, 2024 – Department of Urban Development – Sub- 6.25 Percent Land Return Compensation for Famers in Pimpari-Chinchwad
—————————————
Regarding 6.25% Land Return Compensation to be paid to farmers whose lands were acquired by the then Pimpari-Chinchwad New Town Development Authority during the period between 1972 and 1983
Government of Maharashtra
Department of Urban Development
Government Resolution No:- MRD-3322/Pra.Kra.214/NaVi-7
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-32,
Dated 14th March, 2024
Vide:-
1] Resolution of the then Pimpari-Chinchwad New Town Development Authority in Meeting No. 216, Subject No.11, Dated 23.05.2001.
2] Previous Government Resolutions Dt. 03.03.1990 and Dt. 15.09.1990.
3] Letter bearing No:- ViPra/BhuVi/12.5/ 3981, Dt. 21.06.1999 from the then Pimpari-Chinchwad New Town Development Authority and the subsequent Proposals received from the Pune Metropolitan Region Development Authority, bearing various dates.
4] Letter from the Metropolitan Commissioner, Pune Metropolitan Region Development Authority, bearing No:-Jamin and MalmattaVibhag/Pradhikaran/4864, Dt. 11.12.2023.
5] Notification in the Department of Urban Development, bearing No:-TPS-1821/221/Pra.Kra.43/2021/NaVi-13, Dt. 7th June, 2021.
————————
Preface:-
On 14.03.1972, the then Pimpari-Chinchwad New Town Development Authority came to be established under the Maharashtra Regional and Town Planning Act, 1966. At that time, lands of the local farmers from the villages viz. Chinchwad, Akurdi, Nigadi, Bhosari, Wakad, Thergao, Rawet, Rahatni, Moshi, Chikhali were acquired. With reference to these acquired lands, the State Government, vide Government Resolution Dated 03.03.1990 executed the scheme of returning 12.5% land to the land holders whose lands were acquired after the date 03.03.1990, subject to Terms & Conditions, thereof. Moreover, under Government Resolution Dt. 15.09.1993, too, the Scheme of returning 12.5% land to the land holders whose lands were acquired after the date – 01.01.1984 was extended, subject to Terms & Conditions, thereof. Under Notification Dt. 7th June, 2021, the Pimpari-Chinchwad New Town Development Authority came to be merged in the Pune Metropolitan Region Development Authority.
Since those farmers whose lands were acquired prior to the year 1984 and who handed over possession thereof, to the Authority, could not avail the return of 12.5% land under the aforesaid Government Resolution, several representations were made by the concerned land holders to the Government at various levels seeking extension of the Scheme to them, as well. In furtherance thereof, representations too were made by several People’s Representatives on the floor of the Legislature. In view of the above, the Government contemplated the matter of sanctioning return of 6.25% land to the concerned farmers whose lands were acquired by the then Pimapri-Chinchwad New Town Development Authority during the period between 1972 and 1984. Accordingly, the Government has resolved as hereunder:-
Government Resolution:-
1. Sanction is hereby accorded under this Government Resolution to return 6.25% land to the concerned land owners whose lands were acquired by the then Pimpari-Chinchwad New Town Development Authority in lieu of the acquired lands, during the period commencing from the establishment of the Authority viz. 14/03/1972 and 31/12/1983.
2. As far as possible, the 6.25% developed land to be returned to the concerned land owners shall be provided by the Authority in the same village, where the land was acquired. If adequate land is not available in the same village, land in some other village shall be allotted, as per its availability.
3. Those farmers who have already obtained compensation for the acquired area of land during the period between 1972 and 1983 will be required to return to the Authority, the proportionate amount of land compensation together with interest before availing return of 6.25% land under this Government Resolution (the amount of interest to be decided by the office of the District Collector from the date of obtaining compensation till the date of obtaining possession of such 6.25% land.
4. Sanction is hereby accorded for approving free-of-cost 2.00 Floor Space Index permissible on such plot, while granting return of such land.
5. Under Chart No. 6G of the Consolidated Development Control and Promotion Regulation, 2.00 Floor Space Index is not entirely free. This permits base 1.10 FSI free-of-cost. It provides for the grant of 0.50 and 0.40 FSI in the form of Premium and TDR respectively, against payment. Since in this case 2.00 Floor Space Index is to be provided free-of-cost, directions are hereby given under Section 154 of the Maharashtra Regional and Town Planning Act, 1966 to initiate action under Section 37(1AA) of the Maharashtra Regional and Town Planning Act, 1966 to give effect to this provision, forthwith, in so far as it is limited to the instant case.
6. Those farmers who want to avail of this Government Resolution would be obliged, in the first instance, to withdraw all types of applications/cases filed by them in the courts unconditionally.
7. The land returned by the Authority under this Resolution to the land owners can be transferred to other persons with the prior permission of the State Government, without paying any amount to the Authority. However, for this purpose, the Authority will have to scrutinize such proposal and submit the same for the prior permission of the Government, along with its remarks. However, such other persons thereafter cannot transfer such land without prior permission of the Government and without paying the prescribed share of the unearned income amount to the Authority, as per Rules.
8. Sanction is hereby accorded to modify Condition No. 6 contained in the Notification Dated 7th June, 2021 in the Department of Urban Development to the effect that the Pune Metropolitan Region Development Authority shall have the powers to initiate necessary action for the return of 12.5% and 6.25% land.
9. The Pune Metropolitan Region Development Authority should initiate procedure for the return of 12.5% land under the previously issued Resolutions and 6.25% land under this Resolution to the lawful owner of land or his lawfully declared heirs by examining the documents furnished by such land owner or legal heir.
10. In the instant case, the Pune Metropolitan Region Development Authority/Pimpari-Chinchwad Municipal Corporation cannot claim any financial assistance or compensation from the State Government towards return of land.
11. In the instant case, the Pune Metropolitan Region Development Authority should ensure that cost incurred on the acquisition of such land by the Authority would be duly recovered.
This Government Resolution has been issued pursuant to the Informal Reference No. 478/Vyay-3, Dt. 23.02.2024 of the Department of Finance and the decision Dt. 11.03.2024 taken by the Hon’ble Cabinet.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Computer Code Number is 202403141342436625. This Government Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
VIJAY KARBHARI CHAUDHARI – Digital Signature
[Vijay Chaudhari]
Deputy Secretary, Government of Maharashtra
Copy:-
1] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
2] The Secretary to the Hon’ble Deputy Chief Minister (Home), Mantralaya, Mumbai,
3] The Principal Secretary to the Hon’ble Deputy Chief Minister (Finance), Mantralaya, Mumbai,
4] Hon’ble Chief Secretary, Mantralaya, Mumbai,
5] The Additional Chief Secretary, Department of Finance, Mantralaya, Mumbai,
6] The Additional Chief Secretary, Department of Revenue and Forest, Mantralaya, Mumbai,
7] The Principal Secretary (UD-1), Department of Urban Development, Mantralaya, Mumbai,
8] The Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai,
9] The Metropolitan Commissioner, Pune Metropolitan Region Development Authority, Pune,
10] The District Collector, Pune,
11] The Commissioner, Pimpari-Chinchwad Municipal Corporation,
12] The Deputy Secretary (UD-22), Department of Urban Development, Mantralaya, Mumbai,
13] Select File (UD-7).
————————
[Text Translated by Adv.
Prakash Manohar Chalke]©
@@@@@@@@@@