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State of Telangana - Section

Section 113 in Telangana Panchayat Raj Act, 2018

113. Development of land and making of a layout.

(1)It shall be the obligation of every owner or developer to make a layout and to form a street or road when disposing of lands as building sites.
(2)The owner or developer of any agricultural land who intends to make a layout to utilize or sell such land for building purposes shall make an application to the Gram Panchayat duly submitting a copy to the Technical Sanction Authority, only after conversion of agricultural land to non-agriculture use under the Telangana Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006, (Act 3 of 2006) from the competent authority under the said Act.
(3)
(a)The Gram Panchayat shall within seven days from the receipt, forward the proposals to the Technical Sanction Authority for technical approval:
Provided that if the Gram Panchayat fails to forward the proposal within seven days it shall be deemed to have been forwarded to the Technical Sanction Authority;
(b)The Technical Sanction Authority shall within thirty days, communicate owner or developer to carry out the activities such as formation of roads, provision of drains, drinking water, street lights etc., to be taken up in the layout, in addition to the registration of common sites and roads in favour of Gram Panchayat;
(c)The Technical Sanction Authority, on receipt of letter from the owner or developer complying with the requirements as stated in clause (b) shall, inspect the proposed layout; and
(i)accord final approval within thirty days, if the said requirements have been complied with; or
(ii)reject the layout application within thirty days, in case of non-compliance with the said requirements;
(d)The Gram Panchayat on receipt of the communication from the Technical Sanction Authority shall, within seven days,-
(i)accord approval; or
(ii)inform the owner or developer the rejection of application in the manner prescribed.
(4)The Government shall provide a software or online application of layout approvals and prescribe templates and time periods for various stages for speedy disposal of applications.
(5)The official concerned of the Technical Sanction Authority who fails to accord approvals within the prescribed period, shall be liable for disciplinary action and a penalty as prescribed in addition to withholding of promotion.
(6)All layouts sanctioned shall be executed within a period of two years from the date of approval by the Gram Panchayat. If the sanctioned layout is not executed within the said period, shall be invalid.
(7)The owner or developer shall mortgage fifteen percent of the saleable land in the layout to the Gram Panchayat as surety for carrying out the developments and complying with other conditions within the prescribed period, in the failure of which, the Gram Panchayat shall be empowered to sell away the mortgaged plots and utilize the amount so realized for completing the development works.In such an eventuality, the owner or developer shall be black-listed and shall not be allowed to undertake any development works in the entire State.
(8)No piece of land for building purposes shall be sold by any owner or developer which is not a part of an approved layout:Provided that it shall not be applicable to plots of land in Grama Kantam having an existing building.
(9)Any owner or developer who sells, for building purposes, any piece of land which is a part of land demarcated and set apart for public purposes in an approved layout; shall be penalized with imprisonment upto a period of three years.
(10)The Gram Panchayat shall be liable for dissolution under section 268 of this Act, if any layout is sanctioned without the approval of the Technical Sanction Authority, as specified in this section.
(11)Provisions with regard to authorized and unauthorized layouts existing as on thirty first of March 2018:
(a)The Gram Panchayat within three months of commencement of this Act shall notify and publish all the layouts existing in the Gram Panchayat as on the date of commencement of this Act;
(b)The respective Technical Sanction Authority shall verify with reference to satellite maps and physical inspection of sites, classify the layouts in different categories;
(c)Further action on each of those categories in accordance with rules made in this behalf; shall be as specified in the Table below:-
Sl.No. Category   Action
1 Layouts approved by the competent authority andworks completed without any deviations.   Building permissions may be given.
2 Layouts approved by the competent authority, butwork not commenced.   May be allowed to complete the work within thestipulated time.
3 Layouts approved by the competent authority butgot lapsed after expiry of two years;   May be considered for renewal under the rules.
4 Layouts approved bythe competent authority, where work commenced but not completedand deviations are found,-(a) where basicamenities are not provided(b) where there is deviation in road width orcommon site.   The owners/developershave to provide the same, failing which three times the cost ofsuch amenities, as estimated by the concerned, shall have to bepaid to the Gram Panchayat.Alternate land has to be provided in the samelayout out of the unregistered plots; or if land cannot beprovided, five times market value of the land as on that date inlieu of the land shall have to be paid to the Gram Panchayat.
5 Work completed on un-authorized layouts:   The owner or developer shall provide basicamenities, if not done already. With regard to the deviation inroad width or common site shall compensate the deviation byproviding alternate land in that layout only out of unregisteredplots. If the land cannot be provided ten times market value ofthe land prevailing on that day shall be paid to the GramPanchayat:
6 Work commenced and not completed in unauthorizedlay-outs.   The owner or developer shall provide basicamenities, if not done already. With regard to the deviation inroad width or common site shall compensate the deviation byproviding alternate land in that layout only out of unregisteredplots. If the land cannot be provided ten times market value ofthe land prevailing on that day shall be paid to the GramPanchayat:
7 Layouts which are not sanctioned by thecompetent authority and no work commenced   Shall not be regularized.
(d)Any layout regularization shall be done only by the respective Technical Sanction Authority.