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State of Maharashtra - Section

Section 3 in The Regularisation of Unauthorized Developments in the City of Ulhasnagar Act, 2006

3. Regularisation of unauthorized developments.

(1)Notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, 1966 or the Bombay Provincial Municipal Corporations Act, 1949 or any rules, regulations or bye-laws made thereunder (hereinafter referred to as "the relevant law"), unauthorized developments carried out in the City of Ulhasnagar before the 1st January 2005, shall be regularised in accordance with the provisions of this Act.
(2)
(a)A notice issued to a person under the relevant law at any time before the 1st January 2005, requiring such person to remove, pull down or alter unauthorized development carried out, owned or occupied by him, or
(b)any order issued or decision taken under the relevant law at any time before the date of commencement of this Act, directing removal, pulling down or alteration of unauthorized development carried out or discontinuance of any use of land or building owned or occupied by a person,
shall, unless and until such notice, order or decision stands revived under sub-section (7), be deemed to have stood suspended on the date of commencement of this Act.
(3)
(a)Notwithstanding anything contained in the relevant law or in the order issued or the discussion taken under such law, directing removal, pulling down or alteration of unauthorized development, or discontinuance of any use of land or building, the Designated Authority, either on basis of information available with it or on an application made to it, is of the opinion that, unauthorized development carried out in the City of Ulhasnagar before the 1st January 2005 may, having regard to the provisions of section 4, be regularised, it may, within such period and in such manner as may be prescribed, serve on such person a notice requiring him within such period not being less than a month as may be specified therein to comply with requisitions made under section 4 and to deposit the compounding fees determined in accordance with the Table below and the development charges leviable under section 124B of the Maharashtra Regional and Town Planning Act, 1966.
Table of Fees
  Category of unauthorized development Compounding fees per square meter
  (1) (2)
A. For uses other than Commercial  
  (1) Margins and set-backs 10% of the market value of land as per Ready Reckoner.
  (2) Floor Space Index 20% of the market value of land as per Ready Reckoner.
  (3) Covered projection 10% of the market value of land as per Ready Reckoner.
  (4) Change of use 10% of the market value of land as per Ready Reckoner.
  (5) Common plot and consolidated open plot 10% of the market value of land as per Ready Reckoner.
  (6) Height of building Rupees two thousand per running meter over and above thepermissible height of building.
  (7) Parking deficiency 10% of the market value of land as per Ready Reckoner.
  (8) Other than items (1) to (7) above As the State Government may, by general or special order,notify.
B. For commercial use,– (i) Two times of the fees specified for use mentioned inclause A for ground floor and first floor.(ii) One andhalf times of the fees specified for use mentioned in clause Afor floors other than those specified in item (i).
     
C. In land measuring not exceeding one hundred square meters Fifty per cent. of the fees specified for use mentioned inclause A, or, as the case may be, clause B.
(b)The Designated Authority shall, as soon as may be, after service of notice to a person under clause (a), cause the substance thereof to be published for the information of the general public, in such manner as may be prescribed.
(4)
(a)Upon the compliance of requisitions made under section 4 and on the payment of compounding fees and development charges under sub-section (3), such development shall cease to be unauthorized and the Designated Authority shall issue a certificate to that effect. If the designated Authority decides not to regularise the unauthorized development, the decision shall be communicated to the person concerned.
(b)
(i)The Designated Authority shall, constitute a committee of experts consisting of three persons, who, in the opinion of the Designated Authority, have knowledge of, and experience in, structural engineering, fire fighting and town planning, respectively;
(ii)the Designated Authority shall, before receiving the fees and development charges and issuing the certificate under clause (a), consult the committees constituted under sub-clause (i), on the question as to whether the person has complied with the fire safety measures and structural stability requirements, as per the National Building Code and the Indian Standard Specifications for the time being in force; and it shall be the duty of the committee to advise the Designated Authority on the question so referred.
(iii)the Committee shall follow such procedure for disposal of its business as may be determined by the Designated Authority.
(5)The State Government may, by notification in the Official Gazette, appoint the Commissioner or an officer not below the rank of Deputy Secretary to Government to be the Designated Authority, for the purposes of exercising the powers and discharging the duties under this Act and different Designated Authorities may be appointed for different areas of the City as may be specified in the notification. The Designated Authority shall receive such monthly salary and allowances from the Municipal Fund of the Municipal Corporation of the City of Ulhasnagar, as the State Government may, from time to time, determine.
(6)Any amount deposited by a person with the Municipal Corporation of the City of Ulhasnagar against unauthorized development shall be set-off against the fees to be paid by him under sub-section (4).
(7)Where no notice is served upon a person under sub-section (3) within the period prescribed under that sub-section or where a notice is served upon a person under sub-section (3) but a certificate is not obtained by him under sub-section (4) within such period as may be prescribed, the notice order or; as the case may be, the decision referred to in sub-section (2) shall stand revived.