G.R. Dt. 23rd June, 2021 – Department of Urban Development – Sub – Penal Amounts to be charged under ULCA, 1976 in Maharashtra
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Regarding Penal Amounts to be charged for Extension under Housing and Special Plot Schemes sanctioned under Section 20 of the ULC Act, 1976
Government of Maharashtra
Department of Urban Development
Government Resolution No:- NaJaKa-2018/Pra.Kra.51/Part II/NaJaKaDha-1
Hutatma Raj Guru Chowk, Madam Cama Marg,
Mantralaya, Mumbai-400 032
Dated 23rd June, 2021
Vide:-
1] Government Resolution No:-JaJaKa-2018/Pra.Kra.51/NaJaKaDha-1, Dt.01.08.2019.
2] Government Resolution No:- NaJaKa-2018/Pra.Kra.51/NaJaKaDha-1, Dt. 10.10.2019.
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Preface:-
The Central Government repealed the Urban Land (Ceiling and Regulation) Act, 1976 by the ULC Repealing Act, 1999 and on 29.11.2007 the State Government adopted the said Act. Under the Repealing Act, the Exemption Orders under Section 20 of the Original Act, the proceedings thereunder, as well as the proceedings in respect of the lands acquired under Sections 10(3) and 10(5) are protected. Having regard to the Report Dt.09.08.2018 submitted by the Two Member Committee constituted in the context of Schemes exempted under Section 20 of the ULCA, as well as the Order Dt. 02.7.2019, passed by the Hon’ble Supreme Court in Appeal No:- 558/2017, a Policy decision was taken under the Government Resolution Dt.01.08.2019.
Moreover, having regard to the delay caused at the level of Competent Authorities while fixing the amount of penal extension under Government Resolution Dt.18.02.2015 and other Government Resolutions and such other factors, the Government contemplated the matter of recovering in lump-sum, from the Scheme Holders/Scheme Developers, the amounts of penal extension for the sanctioned Housing and Plot Development Schemes, within the limits of the areas developed by them. Where Scheme Holders/Scheme Developers are to carry out the development of the area covered by the Scheme as per Government Resolution Dt.01.08.2019, for such Scheme areas, the following decision has been taken vis-à-vis the amounts of penal extension.
Government Resolution:-
Following steps should be taken for recovering the amounts of penal extension to be charged while carrying out development of the lands exempted for Housing and Development purposes under Section 20 of the Urban Land (Ceiling and Regulations) Act, 1976 as per the provisions of Government Resolution Dt. 01.08.2019.
(a) For the effective implementation of the Policy fixed under Government Resolution Dt.01.08.2019, the amount of Premium @ of 3% of the prevailing Annual Statement of Market Rates for the total area specified in the Order under Section 20 (maximum area specified in the Order without any deduction) should be charged in lump-sum from the Scheme Holders as the amount of penal extension.
(aa) The areas for which the Scheme Holders and Developers are to deposit 10% Premium for the areas as per the provisions of the Government Resolution Dt.01.08.2019, only for that much area the Premium @ of 3% of the prevailing Annual Statement of Market Rates should be charged in lump-sum or the amount of penal extension.
(e) 10% Premium fixed under the Government Resolution Dt.01.08.2019 for the Housing and Plot Development Schemes under Section 20 of the ULCA, as well as 3% Premium fixed as the amount of penal extension, thus aggregating to amount @ of 13% of the prevailing Annual Statement of Market Rates should be credited to the Account Head earmarked under Government Resolution Dt. 10.10.2019.
(ee) Once the office of Competent Authority receives an application, it shall be imperative to issue the Challan for the payment into Government Treasury of the premium fixed under this Government Resolution, within 7 days. Thereafter, once the original copy of the Challan evidencing payment of premium is received from the applicant, action as contemplated by the Government Resolution Dt. 01.08.2019 should be taken within the period of 1 month. However, where the office of Competent Authority does not take any action within the prescribed period, the applicant may prefer his application to the Government, enclosing therewith, the copies of the Orders of Exemption under Section 20 and other relevant documents.
(u) Apart from the above, other relevant provisions of the Government Resolution Dated 01.08. 2019 shall continue to apply.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 202106231246014325. This Government Resolution has been attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra,
Samadhan Vasantrao Khatkale – Digital Signature
[Samadhan Khatkale]
Under Secretary, Government of Maharashtra
Copy:-
1] The Secretary to the Hon’ble Governor, Raj Bhawan, Malbar Hill, Mumbai,
2] The Principal Secretary to the Hon’ble Chief Minister’s Secretariat, Mantralaya, Mumbai,
3] Hon’ble Speaker/Deputy Speaker, Legislative Assembly, Vidhan Bhawan, Mantralaya, Mumbai,
4] Hon’ble Chairman/Vice-Chairman, Legislative Council, Vidhan Bhawan, Mumbai,
5] Private Secretaries to all Hon’ble Ministers/Ministers of State,
6] Hon’ble Leaders of Opposition in the Legislative Assembly/Legislative Council, Vidhan Bhawan, Mumbai,
7] Hon’ble Chief Secretary, Mantralaya, Mumbai,
8] The Principal Secretary (UD-1), Department of Urban Development, Mantralaya, Mumbai,
9] The Principal Secretary/Secretary, Department of Finance, Mantralaya, Mumbai,
10] The Additional Chief Secretaries/Secretaries in all Mantralaya Departments,
11] The Divisional Commissioners, Konkan, Pune, Nagpur, Nashik,
12] The District Collectors and Competent Authorities, Greater Mumbai, Thane, Ulhas Nagar, Pune, Nagpur, Sangli, Solapur, Nashik, Kolhapur,
13] Municipal Commissioners, Greater Mumbai, Thane, Ulhas Nagar, Mira-Bhayander, Kalyan-Dombivali, Bhiwandi, Pune, Nagpur, Sangli-Miraj-Kupwad, Solapur, Nashik, Kolhapur,
14] All Joint Secretaries, Deputy Secretaries, Under Secretaries, Section Officers in the Department of Urban Development, Mantralaya, Mumbai,
15] Select File (ULCA-1), Department of Urban Development, Mantralaya, Mumbai.
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[Text Translated by Adv. Prakash Manohar Chalke
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