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State of Telangana - Act

Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017

TELENGANA
India

Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017

Rule HYDERABAD-METROPOLITAN-REGION-DISPOSAL-OF-STRAY-BITS-AND-LAND-OF-HYDERABAD-METROPOLITAN-DEVELOPMENT-AUTHORITY-RULES-2017 of 2017

Published on 22 December 2017
Commenced on 22 December 2017
[This is the version of this document from 22 December 2017.]
[Note: The original publication document is not available and this content could not be verified.]

Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017Published vide Notification No. G.O.Ms.No. 329, Municipal Administration & Urban Development (Plg.1 (1)), 22.12.2017G.O.Ms.No. 329, Municipal Administration & Urban Development (Plg.I (1)), 22nd December, 2017. - In exercise of the powers conferred by sub-section (1) of section 56 of the Hyderabad Metropolitan Development Authority (HMDA) Act, 2008 (Act No.8 of 2008) the Government of Telangana State hereby notify the following rules namely the Hyderabad Metropolitan Region, Disposal of Stray Bits and Lands of Hyderabad Metropolitan Development Authority, Rules, 2017.

1. Short title and Extent.

(a)These Rules may be called "the Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017";

(b)These Rules shall be applicable to all the areas covered in the Hyderabad Metropolitan Region notified under Section 3 of Hyderabad Metropolitan Development Authority Act, 2008 (Act No.8 of 2008);

(c)They shall come into force from the date of publication of the notification in Telangana State Gazette.

2. Definitions.

(a)"Act" means the Hyderabad Metropolitan Development Authority (HMDA) Act, 2008 (Act No.8 of 2008).

(b)"Competent Authority" : means the Metropolitan Commissioner of Hyderabad Metropolitan Development Authority and the officers designated by the Metropolitan Commissioner for carrying out and implementing this rules.

(c)"Executive Committee" : means the Committee constituted under section 5(1) of the Hyderabad Metropolitan Development Authority Act, 2008;

(d)"Government" : means the State Government of Telangana;

(e)"Land" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth;

(f)"Stray Bit" : means the land pockets which were not assigned any plot number, having uneven surface, having no proper shape, having no approach road, land pockets with boulders and huge pits shall be treated as Stray Bits;

(g)"Left over Plots" : means the plots which are left over unsold during the previous auctions and future auctions in HMDA/developed layouts shall be treated as left over plots;

(h)"Acquired land" : means the lands acquired by Hyderabad Metropolitan Development Authority under the Land Acquisition Act 1894 (Central Act-1 of 1894) or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and also including consent land purchased through negotiation;

(i)"Allotted lands" : means the land parcel allotted to Hyderabad Metropolitan Development Authority by Government for resource mobilization or for various purposes;

(j)"Gifted lands" : means lands gifted to Hyderabad Metropolitan Development Authority by private layout developers towards Capitalization charges;

(k)"Mortgaged lands" : means the lands mortgaged by private layout developers or builders towards surety for completion of the project;

3. Applicability.

- These rules shall be applicable to the entire notified area of the Hyderabad Metropolitan Region under section 3 (1) of the Hyderabad Metropolitan Development Authority Act, 2008 (Act No. 8 of 2008).

4. Committee for identification for disposal of stray bits and lands of Hyderabad Metropolitan Development Authority.

- A Committee shall be constituted for identification and disposal of the lands belonging to Hyderabad Metropolitan Development Authority. Particularly, stray bits, gifted lands, mortgaged lands, acquired lands and lands allotted to Hyderabad Metropolitan Development Authority by Government. The committee consists of the following members namely:-

(1)Member Estates, Chairman,

(2)Superintendent Engineer, Member

(3)Chief Planning Officer, Member

(4)Deputy Collector, Land Acquisition, ORR, Member

(5)Estate Officer, Convener &

(6)Any other member suggested by M.C. HMDA

5. Procedure for Disposal of the lands.

- (i) All the lands identified by the Committee irrespective of sizes shall be put to e-auction.

(ii)The minimum upset price shall be one and half times of the basic value of Sub-Registrars concerned as on the date of auction.

(iii)In the first e-auction, no bidder comes forward, second time auction shall be conducted,

(iv)Even in case of second e-auction, no bidder comes forward, the same shall be conducted after six months.

(v)Even in case of single bidder, in second auction quoted price is more than or equal to upset price it can be agreed. If it is less than upset price it should go for e-auction.

(vi)The Earnest Money Deposit (EMD) shall be 10% of the estimated cost of the plot/stray bit.

(vii)For conducting e-auction, appropriate agency may be engaged.

6. Mode of Payment.

(1)Upon confirmation of the allotment, the allottee shall pay 25% of the bid amount within one week and the balance amount shall be deposited within two months.

(2)The successful bidders who want to avail installment facility shall pay the following interest:-

(i)with 10% simple interest up to 90 days excluding initial 60 days.

(ii)12% interest upto 180 days excluding initial 60 days.

(iii)15% interest upto one year excluding initial 60 days.

(3)All payments or deposited will be accepted in the shape of Demand Draft (DD's) or Real Time Gross Settlement (RTGS) / National Electronic Funds Transfer (NEFT), e-payment, in favour of the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, no cheques and cash will be entertained.

7. Forfeiture of Earnest Money Deposit (EMD) and Initial deposit.

- In the event of failure of payment of any installments within one year, the entire paid amount shall be forfeited.

8. Registration.

- (i) Upon the realization of full amount, the Estate Officer or the officer designation for this purpose by Metropolitan Commissioner, Hyderabad Metropolitan Development Authority shall register within (30) days.

(ii)The stamp duty and registration charges and other fees if any shall be borne by the successful bidders.

9. Terms and conditions for e-auction.

- Subject to above rules and regulations, Member Estate shall prepare terms and condition for every e-auction with the approval of Metropolitan Commissioner, Hyderabad Metropolitan Development Authority.

10. Grievances and Redressal.

- The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority is the grievance redressal officer authority, upon his decision, an appeal lies to Government.

11. Power to cancellation of e-tender.

- The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority or Government is the final authority for Cancellation of e-tender.

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