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Showing contexts for: unauthorised colony in Umesh Kumar Bohre vs The State Of Madhya Pradesh on 3 June, 2019Matching Fragments
(12) In view whereof, the preliminary objections raised on behalf of the respondents are negatived. It is held that the petition is tenable and the petitioner has locus to maintain the same. (13) Now, coming to the merit of the matter.
(14) Rule 15A of 1998 Rules which is under challenge is in following terms:
["15-A Regularisation of Unauthorised colonies that came into existence up to 3[31st December 2012]-(1) Notwithstanding anything contained in these rules the unauthorised colonies that came into existence up to 4[31st December 2012] 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 [2. Rules 15-A. 15-B & 15-C substituted for Rules 15-A & 15-B by No. 3, dated 3-7-2000.
3. Subs. by No. 15 (3-9-2013) for the words 30th June 2007
4. Subs. by No. 15 (3-9-2013) for the words 30th June 2007".] WP.10414.2018 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 regularized. (iii) Only such unauthorised colonies shall be regularized where 1[at least 10% houses have been constructed.] Where only the plots are in existence, action for regularisation taken in accordance with Rule 15 of these rules. 2[(iii-a) In regularizing the Unauthorised colonies, the special planning norms as specified in Appendix-j attached to the Madhya Pradesh Bhoomi Vikas Niyam, 2012 as amended from time to time for low income housing shall be followed. However, in case of non- availability of open land the charges shall be recovered in accordance with the provisions of clause (vi) of this rule.] (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. 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 be incurred for preparing the layout shall be fixed not exceeding ten per cent of the development charges and the same shall be included in the development charges. 3[(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 [1. Subs. by No. 5, dated 31-1-2003 for the words "people are residing after construction of at least 25% houses."
"(vii) In case the amount of development fees is not deposited by the occupier of house/plot such amount shall be recovered as arrears of land revenue."
2. Words added by Notfn. No. 5, dated 31-1-2003.
3. Clauses (viii-a) & (viii-b) inserted by No. 5, dated 31-1-2003. Thereafter Clause (viii-a) substituted by No. 15, dt. 3-9-2013 for the following:-
"(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." ] WP.10414.2018 (viii-b) If the house holders and the plot holders of the un- authorised 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 after 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 time 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. 1[(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 last plot holder deposits the development fees. If development work is not completed within the said period, then the concerned body shall hear the extra expenditure to he incurred for the development work. The competent authority shall have the right to take decision as to from which date the development work he 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.] 2[(xiv) When the competent authority has determined the development fees and published the notice in the local newspapers informing that up to certain date [1. Cl. (xiii) substituted by No. 5, dated 31-1-2003 for the following:-
"Prior to substitution it read as under:- "(xiii) After finalisation of the estimate and layout by the competent authority the development work shall be completed within a period of three years. If the development work is not completed within the said period, then the concerned body shall bear the extra expenditure to be incurred on the development work."
2. Cls. (xiv) & (xv) inserted by No. 5, dated 31-1-2003.] WP.10414.2018 the house/plot holder of the colony should deposit the development fees, otherwise after expiry of the period, the competent authority shall take 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 1[31st December 2012] action to remove the same shall be taken by the competent authority by treating it as the unauthorised construction." [1. Subs. by No.15 [3-9-2013] for the words "30th June, 2007".] (15) That by amendment vide notification dated 19.05.2017 the following is substituted in Rule 15-A: