G.R. Dt. 1st October, 2024 – Department of Housing – Sub- One Time Amnesty Scheme for the New Hut Holders in Stalled S.R.A Schemes in Mumbai

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Regarding Implementation of One Time Amnesty Scheme for the Hut Holders effecting Transfer/Purchase-Sale of their huts after the issuance of Final Annexure-2 in the Slum Rehabilitation Schemes, which are stalled for several years in Greater Mumbai

Government of Maharashtra

Department of Housing

Government Resolution No:- ViSaAa-2023/Pra.Kra.159/ZoPaNi-2

Madam Cama Marg, Hutatma Raj Guru Chowk,

Mantralaya, Mumbai- 400 032

Dated 1st October, 2024

Reference:-

[1] The Report of the Committee President-cum-Secretary of SRA, Mumbai, submitted vide Letter from the Chief Executive Officer, SRA, Mumbai, bearing No:- UJi (Special Cell)/KaVi-60/2024, Dt. 13.08.2024.

[2] Government Resolution in the Department of Housing, bearing No:- ZoPuDho-1001/Pra.Kra.125/14/ZoPaSu-1, Dt. 16.05.2015.         

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Preface:-

            Several Slum Rehabilitation Schemes in Greater Mumbai have been pending since last 15 to 20 years and as such these slums are not redeveloped. Considerable length of time has elapsed since the issue of Annexure-2 of the Hut Holders comprised in such pending Slum Rehabilitation Schemes and several hut holders included in such Annexure-2 have died in the intervening period. On the other hand, several hut holders owing to their individual reasons have effected transfer/purchase-sale of their huts.

            The prevailing provisions of the Slum Rehabilitation Schemes concerning Final Annexure-2, do not provide for the inclusion of name of the new hut holders in the Final Annexure-2 after the transfer/purchase-sale effected by the hut holders upon issue of Final Annexure-2. Hence, several Hon’ble Members of the Legislature raised a demand during the Session of Legislature for the inclusion of names of the new hut holders in the Final Annexure-2. In furtherance of the Assurance given by the Hon’ble Minister (Housing) during legislative debate, a Meeting presided over by the Hon’ble Deputy Chief Minister (Home) was held on 10.07.2024. Pursuant to the directions given by the Hon’ble Deputy Chief Minister in this Meeting, the Chief Executive Officer of the Slum Rehabilitation Authority, Mumbai, vide letter Dt. 26.07.2024, set up a Committee presided over by the Secretary of the Slum Rehabilitation Authority for submitting his recommendations for the implementation of Amnesty Scheme in this regard. Now, vide letter at Reference No.1 the recommendations of the said Committee have been submitted to the Government.

            Against this backdrop, the Government having due regard to the debate in the State Legislature, demand raised by several Hon’ble Members of the Legislature/People’s Representatives, the directions given in the Meeting presided over by the Hon’ble Deputy Chief Minister (Home), as well as the recommendations submitted by the Committee set up under the Presidency of the Secretary of S.R.A, Mumbai, has resolved as hereunder:-

Government Resolution:-

            Sanction is hereby granted for the implementation of One Time Amnesty Scheme for the hut holders who have effected the transfer/purchase-sale of the hut by any mode other than transfer by way of succession, for the inclusion of the name of the purchasing hut holder in the Original Appendix-2, upon transfer of the hut by the hut holder included in the Final Annexure- 2 issued prior to 01.01.2011, in case of Slum Rehabilitation Schemes in Greater Mumbai, which are stalled for the last several years.  

            2. The benefits under the instant Amnesty Scheme shall be extended only to those hut holders whose Final Annexure-2 under the Slum Rehabilitation Scheme was issued prior to 01/01/2011, yet the Slum Rehabilitation Scheme is still not commissioned on the relevant site or still stagnating.

            3. After the issue of Final Annexure- 2, the person occupying the hut should have resided in such hut for a minimum of 1 year. The concerned Competent Authority should take the precaution of checking actual residence of the Applicant in the said hut and for that purpose should take into consideration the Site Inspection Report in that regard. Moreover, while fixing eligibility of the hut holder in this manner, it would be mandatory that the hut should be in existence at the time of eligibility.

            4. Where, after the issuance of Final Annexure-2, the relevant hut has been cleared on account of rehabilitation construction under the Slum Rehabilitation Scheme or owing to order of a court, then in such cases too, the instant Amnesty Scheme shall be applicable, if the person from the cleared hut had been residing in the relevant hut for a minimum of 1 year prior to the date of clearance of such hut.

            5. The Chief Executive Officer of the Slum Rehabilitation Authority should notify a list of pending/stalled schemes. Moreover, he should ensure that the benefits under this Amnesty Scheme are extended only to the hut holders from the Notified Schemes.

            6. The hut holders who are governed by the aforesaid Paragraph No.3, should submit their applications in the prescribed format to the concerned Competent Authority (Annexure- One, Proforma –“A” and Self-Declaration for Self-Attestation enclosed with this Government Resolution). The said hut holder would be obliged to submit all proof concerning all prior transfers of such hut.

            7. The hut holders who are governed by the aforesaid Paragraph No. 4, should submit their applications in the prescribed Format to the concerned Competent Authority (Annexure- Two, Proforma-“B” and Self-Declaration for Self-Attestation). The said hut holder would be obliged to furnish all proof concerning all prior transfers of such hut.       

            8. The concerned Competent Authority should scrutinize the applications and documents received from the hut holders and issue Supplementary Annexure-2 within the prescribed period by adopting the prescribed procedure.

            9. For the regularisation of aforesaid transfers, apart from Occupation Transfer Fees as specified in the Government Resolution at Reference No. 2 Dt. 16.05.2015, Rs. 25,000/- should be charged from residential hut holders and Rs. 50,000/- should be charged from Non-Residential hut holders towards Regularisation Charges. The aforestated Regularisation Charges, too, should be credited to the Account Head specified in the Government Resolution Dt. 16.05.2015 at Reference No.2 above. Moreover, the concerned Competent Authority should extend the benefits of the instant Amnesty Scheme to the hut holders only after satisfying himself that they have paid the Occupation Transfer Fees and Regularisation Charges.

            8. For availing of benefits under the Scheme, the hut holders should submit their applications accompanied by the necessary documents to the concerned Competent Authority within 3 months of the date of issue of this Government Resolution. The Competent Authorities should not consider any applications received after the lapse of such period.

            9. While fixing eligibility of the new hut holders under this Amnesty Scheme, as stated above, it should be scrupulously ensured that the number of total hut holders under the Original Annexure-2, shall not increase, under any circumstances, whatsoever.

            10. Since the instant schemes is being implemented as the One Time Amnesty Scheme, under no circumstances, the new hut holders coming into picture, upon transfer effected by the eligible hut holders by way of purchase/sale or any other mode (except the transfer by way of succession) shall be extended the benefits of alternative rehabilitation flats, upon preparation of Supplementary Annexure-2 under this Amnesty Scheme and to that effect the Slum Rehabilitation Authority, Mumbai should give extensive publicity. Furthermore, this aspect should be conspicuously published on the website of the Slum Rehabilitation Authority.   

            11. 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 202410011746458409. This Government Resolution is attested and issued under Digital Signature.

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

                        ARVIND TULSHIRAM SHETE – Digital Signature

                                    [Arvind Shete]

                        Under Secretary, Government of Maharashtra

To,

[1] The Principal Secretary to the Hon’ble Governor,

[2] Hon’ble Chairman/Hon’ble Speaker, the Maharashtra Legislative Council/Legislative Assembly, Vidhan Bhawan, Mumbai,

[3] Hon’ble Leaders of Opposition in the Maharashtra Legislative Council/Legislative Assembly, Vidhan Bhawan, Mumbai, 

[4] All Hon’ble Members of the Maharashtra Legislative Council/Legislative Assembly,

[5] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,

[6] The Secretary to the Hon’ble Deputy Chief Minister-cum-Hon’ble Minister (Home), Mantralaya, Mumbai,

[7] The Secretary to the Hon’ble Deputy Chief Minister-cum-Hon’ble Minister of Finance and Planning, Mantralaya, Mumbai,

[8] The Private Secretary to the Hon’ble Minister (Housing), Mantralaya, Mumbai,

[9] The Accountant General (Accounts & Entitlement), Maharashtra -1/Maharashtra-2, Mumbai/Nagpur,

[10] The Personal Assistant to the Additional Chief Secretary, Housing, Mantralaya, Mumbai,

[11] The Personal Assistant to the Principal Secretaries, Department of Urban Development 1 and 2, Mantralaya, Mumbai,

[12] The Commissioner, the Municipal Corporation for Greater Mumbai, Mumbai,

[13] The Vice-President and Chief Executive Officer, the Maharashtra Housing and Area Development Authority, Mumbai,

[14] The Chief Executive Office, Slum Rehabilitation Authority, Mumbai,

[15] All Deputy Secretaries/Under Secretaries/Section Officers, Department of Housing, Mantralaya, Mumbai,

[16] The Additional Collectors (Encroachment/Eviction), Mumbai City/Eastern Suburbs/Western Suburbs,

[17] All concerned Competent Authorities,

[18] Select File- (ZoPaNi-2).

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ANNEXURE- ONE

(As per Government Resolution in the Department of Housing, bearing No. ViSaAa-2023/Pra.Kra.159/ZoPaNi-2, Dated 1st October, 2024)

Application for the Regularisation of Transfer to be made by Transferee Hut Holders where Annexure- 2 was issued prior to 01.01.2011

(Amnesty Scheme)

Application No. Dated______/_________/2024
a.Name of the Hut HolderShri/Shrimati__________________________
b.Name of the Eligible Hut Holder included in Final Annexure-2Shri/Shrimati__________________________
c.Name and Address of the Slum 
d.Name of the City 
e.Municipal Corporation/M. Council/ Ward No. 
f.Sr. No of the Eligible Hut_____User________Area________
g.Names of Family Members 
 Photograph with Wife/Husband1. Wife/Husband Shrimati/Shri._______________________ 2. ______________________________________________ 3._______________________________________________ 4._______________________________________________ 5._______________________________________________ [In case of Additional Members self-attested separate list should be enclosed] 
h.Certified Copy of Annexure-2
i.Proof pertaining to the last one year evidencing actual residence of the Applicant Hut Holder in the relevant Hut a. Proof submitted as per Descriptive Statement/Serial Nos. of Proofs  –   Received by Transfer
j.Self-Declaration on a Plain Paper bearing Self-Photograph as per Paragraph No.3 of the Government Resolution and Proof Self-Declaration for Attestation—
k.Self-Attested Copy of the Aadhar Card issued by the UIDAI
Signature/Thumb Impression of the Hut Holder Mobile No:-________

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Photograph of the Applicant  

PROFORMA – A

(Government Resolution in the Department of Housing, bearing No. ViSaAa-2023/Pra.Kra.159/ZoPaNi-2, Dated 1st October, 2024)

Self-Declaration for the Amnesty Scheme           
    I,______________________________________________ son/daughter of  Shri/Shrimati__________________________________, Aged about _________________ years, Aadhar No._______________ (If any), Occupation:-_________________, Resident of______________________________________________, do hereby declare that a hut of residential/non-residential or both types which is considered for the purpose of Slum Rehabilitation Scheme is in existence as of today and the same is in my possession. I obtained the said hut on_____________ by purchase/transfer from _____________________________________________, included in the Original Annexure-2. The said hut is eligible/ineligible for residential/non-residential purpose. Moreover, I do not have any other hut/house/flat on ownership or tenancy basis either in my name or in the name of my husband/wife or my children below eighteen years of age (minor children) anywhere within the areas of this Municipal Corporation/Municipality/Local Self-Government Body and all this information is true and correct to my personal knowledge and belief. I am wholly aware of the fact that if the said information is found to be false, I will be liable to be prosecuted under the Indian Penal Code and/or any other relevant law and render myself liable to punishment.
Place:-Applicant’s Signature:-
Date:-Applicant’s Name:-

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Self-Declaration for Self-Attestation

Photograph of Applicant  

(Government Resolution in the Department of Housing, bearing No. ViSaAa-2023/Pra.Kra.159/ZoPaNi-2, Dated 1st October, 2024)

            I, _______________________________________, son/daughter of  Shri/Shrimati__________________________________, Aged about _________________ years, Aadhar No._______________ (If any), Occupation:-_________________, Resident of______________________________________________, do hereby declare that the self-attested copies of prescribed proof furnished for availing of the  Amnesty Scheme under Slum Rehabilitation Scheme are true copies of the original documents. I am fully aware of the fact that if they are ever found to be false, I will be liable to be prosecuted under the Indian Penal Code and/or relevant Act and I shall render myself liable to punishment.
Place:-Applicant’s Signature:-
Date:-Applicant’s Name:-

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ANNEXURE- TWO

(As per Government Resolution in the Department of Housing, bearing No. ViSaAa-2023/Pra.Kra.159/ZoPaNi-2, Dated 1st October, 2024)

Application for the Regularisation of Transfer to be made by Transferee Hut Holders where Annexure- 2 was issued prior to 01.01.2011

(Amnesty Scheme)

Application No. Dated______/_________/2024
i.Name of the Hut HolderShri/Shrimati__________________________
j.Name of the Eligible Hut Holder in the Final Annexure-2Shri/Shrimati__________________________
k.Name and Address of the Slum 
l.Name of the City 
m.Municipal Corporation/M. Council/ Ward No. 
n.Sr. No of the Eligible Hut_____User________Area________
o.Names of Family Members 
 Photograph with Wife/Husband1. Wife/Husband Shrimati/Shri._______________________ 2. ______________________________________________ 3._______________________________________________ 4._______________________________________________ 5._______________________________________________ [In case of Additional Members, please enclose self-attested separate list] 
p.Certified Copy of Annexure-2
i.Where hut in question is demolished on account of Rehabilitation construction under Slum Rehabilitation Scheme or owing to order of Court, in such cases the proof evidencing the fact that the Applicant Hut Holder was occupying the relevant hut for a minimum of 1 year prior to demolition of such hut.     a. Proof in the  Descriptive Statement which is submitted/Serial Numbers of Proofs  –   Received by  way of Transfer
j.Self-Declaration and proof on a Plain Paper bearing Self-Photograph as per Paragraph No.4 of the Government Resolution. Self-Declaration for Attestation:-
k.Self-Attested Copy of the Aadhar Card issued by the UIDAI
Signature/Thumb Impression of the Hut Holder Mobile No:-________

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Photograph of the Applicant  

PROFORMA – B

(Government Resolution in the Department of Housing, bearing No. ViSaAa-2023/Pra.Kra.159/ZoPaNi-2, Dated 1st October, 2024)

Self-Declaration for the Amnesty Scheme             
  I, ______________________________________________ son/daughter of Shri/Shrimati__________________________________, Aged about _________________ years, Aadhar No._______________ (If any), Occupation:-_________________, Resident of______________________________________________, do hereby declare that a hut of residential/non-residential or both types which is considered for the purpose of Slum Rehabilitation Scheme, has been demolished for the purpose of Rehabilitation construction/or court order. The said hut was in my possession for 1 year prior to its clearance.  On_________, I obtained this hut by purchase/transfer from Shri._____________________________________________, included in the Annexure-2. The said hut is eligible/ineligible for residential/non-residential purpose. Moreover, I do not have any other hut/house/flat on ownership basis either in my name or in the name of my husband/wife or my children below eighteen years of age (minor children) anywhere within the areas of the Municipal Corporation/Municipal Council/Municipality/Local Self-Government Body and all this information is true and correct to my personal knowledge and belief. I am fully aware of the fact that if this information is ever found to be false, I shall be liable to be prosecuted under the Indian Penal Code and/or the other relevant Act and that I shall render myself liable to punishment.
Place:-Applicant’s Signature:-
Date:-Applicant’s Name:-

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[Text Translated by Adv. Prakash Manohar Chalke

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