Section 15A in The Chhattisgarh Nagar Palika (Registration of Coloniser, Terms and Conditions) Rules, 1998
15A. Regularisation of Unauthorised colonies that came into existence up to 30th June, 2002.
(1)Notwithstanding anything contained in these rules the unauthorised colonies that came into existence up to 30th June, 2002 on other than government land and such land of the Development Authority which is in its ownership shall be regularised subject to the following conditions :(i)Such colony shall be deemed to be in the category of unauthorised colony which has been constructed by the colonizer without obtaining the legal permission or no-objection certificate from the department of Town and Country Planning, Urban land ceiling, Land Diversion, Nazul and Municipality.(ii)Unauthorised colonies situated on Development plan roads, parks, playgrounds, areas to cultural heritage, river, tank or area of drains, green belt or recreation shall not be regularised.(iii)Only such unauthorised colonies shall be regularised where at least 10% houses have been constructed. Where only the plots are in existence, action for regularisation shall he taken in accordance with Rule 15 of these rules.(iv)Once the competent authority takes up the work of regularisation of any colony in his hand, it shall be deemed that the diversion of land of that colony has been done and its use is in accordance with the Master Plan of the City.(v)The competent authority shall cause to be prepared the estimate and layout for the development work, including for the basic amenities of the illegal colonies on which the competent authority shall organize a meeting and discuss with the inhabitants concerned and the colonizer if available, and after considering their suggestions if any, finalise the estimate and lay out. The amount of expenditure to he incurred for preparing the layout shall be fixed not exceeding ten per cent of the development charges and the same shall he included in the development charges.(vi)For the development works, the development fees at the rate of Rupees one hundred and fifty per square meter shall be recovered from the owners/occupants of the house/plots of the colony concerned in proportion of the area of house/plot which is in their occupation. If in the layout prepared by the competent authority for the total area of the colony, open land for public amenities as per law, is not available then the competent authority shall estimate the cost of such requisite open land and recover double amount of such estimated cost from the Colonizer :Provided that action to regularize the house/plot shall not be effected in case the requisite amount is not recovered from the Colonizer or there is delay in recovery.(vii)In case the development fees or he cost of requisite open land as the case may be, is not deposited by the occupants/colonizer of the house/plot, such amount shall be recovered in accordance with the provisions of the Act for the recovery of municipal claims.(viii)The competent authority shall deposit the amount of development fees in a separate bank account received from the occupiers of houses/plots. Similarly the amount which is recovered as arrears of land revenue shall also be deposited in the same account. The drawal from such account shall be made-only for the expenditure relating to the development works of the concerned colony with the joint signature of the competent authority and the Collector or his subordinate officer authorised by the Collector in this behalf. The sanction of the Development Works shall be given by the concerning authorities of the municipality within their powers as vested in them.(viii-a) If the plot/house holder wants to mortgage his plot/house for taking loan to pay the development charges, he may do so.(viii-b) II the house holders and the plot holders of the unauthorised colony wants to execute the development works by forming any society, the competent authority may permit for the same :Provided that the amount of development fees shall be deposited in the joint account of competent authority and the society and the development works shall be executed subject to the provisions of these rules in the supervision of the competent authority.(ix)The competent authority may allow to make payment of the development fees in instalments.(x)In the case of regularisation of the unauthorised colony the provisions of clause (j) of Rule 2 and clause (v) of Rule 12 shall apply in respect of the External Development Work.(xi)In such unauthorised colony in which the houses have been constructed, the concerned urban body shall alter compromise with the house owners regularise such unauthorised construction of the house. The building permission fee and the compounding charges shall be recovered from such house owner according to law.(xii)Where the colonizer after making different layout sold the plots more than one lime and there is a dispute of ownership then the settlement of such dispute can only be made in a civil court according to law. Registered sale deed and commutation shall only be treated as the basis of ownership.(xiii)After finalisation of the estimate and layout by the competent authority, the development work shall be completed within a period of three years, when all the plot holder deposits the development fees, from the date on which the last plot holder deposits the development fees. If the development work is not completed within the said period, then the concerned body shall bear the extra expenditure to be incurred for the development work. The competent authority shall have the right to take decision as to from which date the development work be started :Provided that the development work shall be executed in such order so that the development work relating to basis services be executed first of all.(xiv)When the competent authority has determined the development fees and published the notice in the local news papers informing that up to certain date the house/plot holder of the colony should deposit the development fees, otherwise after expiry of the period, the competent authority shall lake over the management of such house/plot of which the person concerned has failed to deposit the development fees, then the competent authority shall be competent to take the management of such house/plot and take action for execution of the development works of the colony in accordance with the procedure as laid down in Rule 15.(xv)In the unauthorised colony when any house or plot has been regularised then such house/plot shall be deemed to have been exempted ipso facto from penal proceeding.](2)If any unauthorised colony is constructed after 30th June, 2002 action to remove the same shall be taken by the competent authority by treating it as the unauthorised construction.
