G.R. Dt. 8th March, 2019 – Department of Revenue and Forest – Sub- Leasehold lands let out to Panshet Flood Affected Persons to be converted into Ownership Lands
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The lands let out on lease to the Panshet flood affected Co-operative Societies to be granted on Ownership Rights
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- FLD-2019/Pra.Kra.03/R-12
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-400 032
Dated 8th March, 2019
Vide:-
[1] Government Resolution in the Department of Revenue and Forest, bearing No:-CFL-3485/310690/Pra.Kra.15/M-11, Dt.12.08.1987.
[2] Government Resolution in the Department of Revenue and Forest, bearing No:- CFL-13489/Pra.Kra.2406/M-11, Dt. 15.04.1991.
[3] Government Resolution in the Department of Revenue and Forest, bearing No:-CLL-04/2013/Pra.Kra.75/M-11, Dt. 21.11.2013.
[4] Government Corrigendum in the Department of Revenue and Forest, bearing No:- CLL-04/2013/Pra.Kra.75/M-11, Dt. 31.03.2015.
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Preface:-
In July, 1961, after the tragedy that followed Panshet floods that hit Pune city, several families in Pune city and its locality were rendered homeless. Co-operative Housing Societies were formed for the Panshet flood affected persons and they were granted plots on the lease of 99 years. As these lands were not ownership lands standing in the name of the Co-operative housing Societies, the members of the Co-operative Societies had to face several difficulties. They cannot avail of loan on the property, they cannot mortgage the property, they cannot sell the property without Government permission. Hence, a proposal for granting the lands let out to the Panshet flood affected Co-operative Housing Societies on ownership basis was placed before the Cabinet in its Meeting Dated 8th March, 2019. Pursuant to the decision taken in the Cabinet Meeting the Government contemplated the matter of issuing a Government Resolution.
Government Resolution:-
Government Sanction is hereby granted for allowing the lands let out on lease to 103 Panshet flood affected Co-operative Housing Societies in Pune City, on ownership rights basis.
(1) In case of original flood affected persons, the price of land as on 01.02.1976, should be fixed under the guidance of the Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune and interest should be charged on the price of the land at the rate of interest prescribed in the Government Resolution in the Department of Revenue and Forest, bearing No:-Jamin-08/2012/Pra.Kra.64/J-1, Dt. 26.11.2012 and the price of land and the interest, so worked out, should be charged.
(2) In those cases, where the authorised flood affected person has authorisedly transferred his plot after obtaining permission from the office of the District Collector, the price of land as on 01.02.1976 should be fixed on the advice of the Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune and interest should be levied on the price of such land at the rate of interest prescribed under Government Resolution in the Department of Revenue and Forest, bearing No:-Jamin-08/2012/Pra.Kra.64/J-1, Dt. 26.11.2012. In such case, 50% extra amount should be charged on the aggregate of price of land and the amount of interest, so worked out.
(3) In those cases, where the authorised flood affected person has unauthorizedly transferred the plot without obtaining permission from the office of District Collector, the price of land as on 01.02.1976 should be fixed under the guidance of the Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune and interest should be charged on the price of the land at the rate of interest prescribed under Government Resolution in the Department of Revenue and Forest, bearing No:-Jamin-08/2012/Pra.Kra.64/J-1, Dt. 26.11.2012. In such case, 100% extra amount should be charged on the aggregate of the price of land and the amount of interest, so worked out.
(4) Those cases where the plot holders are using their plots for user of commercial nature, such change of user should be regularised by recovering a premium amount equal to 50% of the difference between the valuation for residential purpose and the valuation worked out at commercial rate at the prevailing A.S.R Rate of the plot. However, those cases in which the valuation of the plot worked out at commercial rate is less than the valuation worked out for the residential rate, no premium should be charged.
(5) The amount to be charged under the aforesaid (1),(2) and (3) is to be paid in lump-sum and the period for implementing its completion shall be 6 months from the date of issue of this Government Resolution.
(6) The benefits under this Scheme shall not accrue to the plot holders who do not pay the charges for obtaining the lands on ownership rights basis, within the prescribed period.
2. The decisions taken under this Government Resolution are to be confined only to the instant case and they shall not apply to any other case by way of a precedent.
3. This Government Resolution has been issued with the concurrence of the Department of Finance, vide its Informal Reference No. 92/2019, Dt. 06.03.2019.
4. 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 201903081944465919. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
Rahul Vijay Kulkarni – Digital Signature
[Rahul Kulkarni]
Deputy Secretary, Government of Maharashtra
Copy:-
[1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,
[2] The Private Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai-32
[3] The Private Secretary to the Hon’ble Minister(Revenue, Relief and Rehabilitation), Mantralaya, Mumbai-32,
[4] The Private Secretary to the Hon’ble Minister (Finance), Mantralaya, Mumbai,
[5] The Private Secretary to the Hon’ble Minister of State (Relief and Rehabilitation), Mantralaya, Mumbai,
[6] The Hon’ble Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai-32,
[7] The Additional Chief Secretary (Revenue), Mantralaya, Mumbai-32,
[8] The Additional Chief Secretary (Department of Finance), Mantralaya, Mumbai-32,
[9] The Secretary (Relief and Rehabilitation), Department of Revenue and Forest, Mantralaya, Mumbai-32,
[10] The Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune,
[11] The Divisional Commissioner, Pune Division, Pune,
[12] The District Collector, Pune,
[13] The Hon’ble Accountant General-1 (Accounts & Entitlement/Audit), Maharashtra State, Mumbai,
[14] The Hon’ble Accountant General-2 (Accounts & Entitlement/Audit), Maharashtra State, Nagpur,
[15] Department of Revenue and Forest (J-1), Mantralaya, Mumbai-400 032,
[16] Department of Finance (Vyaya-9/Budget-6), Mantralaya, Mumbai-400 032,
[17] Select File, Desk R-12, Department of Revenue and Forest, Mantralaya, Mumbai-32.
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[Text Translated by Adv. Prakash Manohar Chalke
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