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State of Chattisgarh - Section

Section 10 in Chhattisgarh Municipal Corporation and Municipalities (Registration of Colonizer, Terms and Conditions) Rules, 2013

10. Transfer/reservation of land/plots dwelling units for Economically Weaker Sections (EWS) and Low Income Group (LIG).

(1)In every residential colony in the Municipal area, out of the total area, fifteen percent of the land shall be transferred by the colonizer to the Competent Authority for economically weaker sections as follows :-
(a)The process of transfer shall be spread over two stages as follows :-
Stage-I Letter of Intent in Form-Five to transfer landto be submitted alongwith an application under Rule 8,location-map of land as offered by the colonizer and accepted bythe Competent Authority.
Stage-II Transfer and possession deed on Form-Six withinfifteen days of receipt of provisional sanction of applicationfor development of colony.
(b)If in the opinion of the Competent Authority the land proposed/offered for Economically Weaker Sections as provided under Section 292-B and as mentioned in clause (a) above, is not suitable for residential purpose, he shall intimate accordingly to the applicant within fifteen days and the applicant shall offer alternate land, or undertake to develop the land at his cost to make it suitable for residential purposes to the satisfaction of the competent authority.
(c)If the Competent Authority finds the application worthy of sanction, he shall issue a provisional sanction letter in Form-Seven and call upon the applicant to submit duly registered deed of transfer and possession of the land, duly registered.
(d)The transfer deed shall be executed and duly registered after the Competent Authority makes payment for the land at a flat rate as may be fixed by the Government from time to time, but not exceeding one rupee per square foot.
(e)On receipt of registered transfer deed and possession of land under clause (d), the Competent Authority shall issue the final letter of permission for development of colony. The work relating to development of colony shall not be started by the colonizer unless he receives the letter of final permission.
(f)Under no circumstance shall the land earmarked for economically weaker sections be alienated or used by the applicant colonizer for any other purpose.
(2)If for any reason whatsoever, instead of transferring land according to sub-rule (1) within the residential colony, the colonizer offers to transfer and at an alternate location, he may do so subject to the following conditions :-
(a)The land offered must be suitable for construction houses for the economically weaker sections, to the satisfaction of the Municipal Officer;
(b)The land offered must be within the Municipal limits;
(c)The land offered must be within a radial distance of not more than two kilometres from the boundary of the residential colony :
Provided that the land offered must have land-use of ''residential" in the Master Plan and it must have a clear approach road.
(d)The total value of the land offered must match the value of fifteen percent of the land in the residential colony :
Provided that in no case shall the area of land offered must be less than the area of land prescribed under Section 292-B, the colonizer would transfer under sub-rule (1);Explanation. - For the purpose of this rule, "value of land" shall be based on the Collector's rate of valuation based on the current Guiding Principles for Market Value of Immovable Property applicable for the city.
(e)The alternate land offered may be in the name of a third-party, provided that the land-owner's irrevocable consent agreeing to grant advance possession and transfer land in favour of the Competent Authority as required of the colonizer under these rules must be duly obtained and confirmed by the applicant;
(f)the process of transfer of land in all cases shall be the same as under sub-rule (1).
(3)Where the colony is proposed on a small piece of land, the area of which is less than one acre and the colonizer under clause (c) of sub-section (1) of Section 292-B of the Chhattisgarh Municipal Corporation Act, 1956 or Section 339-B of the Chhattisgarh Municipalities Act, 1961, as the case may be, exercises the option of paying fee, he shall do so in the following manner :-
(a)The amount shall be paid at the current rate for raw land for the area as prescribed by the District Collector.
(b)The amount shall be deposited in the designated "Services to the Poor Fund" bank account of the Municipality and a copy of the receipt alongwith a letter on Form-Eight shall be attached to the application under Rule 8,
(4)In addition to transferring land for economically weaker sections under sub-rule (1) or (2), the colonizer shall reserve at least ten percent of the fully developed plots or, in alternate offer, constructed houses/flats in the colony for persons belonging to the low income group.
(5)If developed plots are reserved under sub-rule (4), they shall not be less than 500 square feet each, and not more than 600 square feet each.
(6)If constructed houses/flats are reserved under sub-rule (4), the following conditions must be fulfilled :-
(a)The built up area of each house/flat should not be less than 400 square feet and more than 500 square feet;
(b)Each house/flat must have piped water supply facility and concealed sewerage facility;
(c)Each house/flat must have a toilet.
(7)The developed plots or constructed houses/flats reserved under sub-rule (4) must be sold by the colonizer to persons belonging to low income group only, after obtaining from them an affidavit to this effect:Provided that if the plot/house/flat remains unsold for a period of six months, the colonizer may, with written approval of the Competent Authority, sell the plots/houses/ flats reserved for low income group to any buyer at open market prices.Explanation. - The income criterion for identifying low income group shall be according to the norms prescribed by the State Government and prevailing at the time of sale.
(8)A member of the low income group shall not be eligible to buy more than one dwelling unit.
(9)The colonizer shall file with the Competent Authority, particulars of the low income group persons to whom the plots/houses/flats reserved for them under sub-rule (4) are sold.