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Changes proposed in MRTP Act to 'tackle' unauthorised constructions in rural areas
(ADDIM11) the spree of pre-elec-tion decisions and proposals. Democratie From (DF)
Government has now come up with the draft of a Bill proposing changes in Maharashtra Regional and Town
Planning (MRTP) Ace. The Bill.
which is stated to be aimed at 'tackling' the 'large-scale unauthorised constructions' in rural areas in the vicinity of major urban centres like Nagpur. is likely to be tabled before State Legislature during the Monsoon Session commencing from June 2.
Surprisingly, the Government appears to be in a hurry of pushing the Bill as it has invited suggestions/objections on the draft within only 10 days since May 23. Those having any
suggestions/objections will have to submit the same to Principal Secretary (Urban Development-I). Mamralaya. till June 2. that is. the date of commencement of Monsoon Session of State Legislature. This is very surprising, considering the fact that the Government sat pretty since August 2013 over (he High-level Committee's report.
First. the State Goverment chose fo turn Nelson's Eye towards unauthorised construction mushrooming around all the major cities including Nagpur. Then, it formed a High-level Committee to 'curbs such constructions In August 2013. it came up with the report recommending regularisation of 'all such unauthorised constructions' that came up before January 31. 2013. Later, it went into deep slumber again for nine months. Now. as it paving ground to face the ensuing Legislative Assembly elections, the Government has come up with proposal to make changes in MRTP Act to "tackle' the 'large-scale unauthorised construetionss.
As per the Government, the draft of the Bill has been prepared as various measures like removal of overlap in the jurisdiction of different authorities responsible for controlling development in rural areas, empowering the Collector to take action against unauthorised construction, and providing for compounding of unauthorised structures subject to certain conditions. Thus, though the stated object of the Bill is to 'tackles the unauthorised constructions, it actually aims at paving the way for 'protecting' such constructions.
The draft of the Bill proposes changes to Sections 2.14. 18.156. and insertion of a new Section 123 K-l. In Section 2. the Bill proposes to insert the definition of 'compounded structure'. As per the draft, 'compounded structure' means 'an unauthorised structure in respect of which the compounding charges as levied by the Collector under sub-section 2-B of Section 18 are paid by the owner or occupier of such structure, and which, upon such payment, has been declared as such by the Collector." In Section 14. provision for grant of additional floor-to-space (FSI) subject to certain conditions is proposed.
The powers for permitting the development within the gaothan area of a village as defined in Clause 10ofSection2of Maharashtra Land Revenue Code arc proposed to be given to the Gram Paneliayat concerned, in Section 18. In the same section, the Collector is proposed to be empowered to take action in respect of unauthorised constructions in rural areas, as per the guidelines for the time being in force. Also, provisions are proposed for delegation of Collector's powers to Oflier officers.
A new Section 124 K-l is proposed to be inserted in MRTP Act with a view to collecting the development charge while permuting development in the rural areas and to provide for its distribution between die State Government and the Gram Panchayat. InSection 156. it is proposed 'to protects the development which has been duly permitted or is deemed to have been permitted by the Gram Panchayat concerned within the area of gaothan or the Guiuhewari development dial has been duly regularised in accordance with the provisions of Maharashtra Gunthewari Developments (Reeularisation. Upgradation and Control) Act.
This is pretty interesting, as most of the construction that has mushroomed in die rural areas in the vicinity of urban centres have been termed as 'unauthorised' or 'illegal' ones as Gram Panchayats issued permission though it was not in their powers to do so. In many cases, like in Besa-Beltarodi area near Nagpur city, based on the Gram Panchayat's nod. many builders effected tall constructions in violation of FSI norms
Government has now come up with the draft of a Bill proposing changes in Maharashtra Regional and Town
Planning (MRTP) Ace. The Bill.
which is stated to be aimed at 'tackling' the 'large-scale unauthorised constructions' in rural areas in the vicinity of major urban centres like Nagpur. is likely to be tabled before State Legislature during the Monsoon Session commencing from June 2.
Surprisingly, the Government appears to be in a hurry of pushing the Bill as it has invited suggestions/objections on the draft within only 10 days since May 23. Those having any
suggestions/objections will have to submit the same to Principal Secretary (Urban Development-I). Mamralaya. till June 2. that is. the date of commencement of Monsoon Session of State Legislature. This is very surprising, considering the fact that the Government sat pretty since August 2013 over (he High-level Committee's report.
First. the State Goverment chose fo turn Nelson's Eye towards unauthorised construction mushrooming around all the major cities including Nagpur. Then, it formed a High-level Committee to 'curbs such constructions In August 2013. it came up with the report recommending regularisation of 'all such unauthorised constructions' that came up before January 31. 2013. Later, it went into deep slumber again for nine months. Now. as it paving ground to face the ensuing Legislative Assembly elections, the Government has come up with proposal to make changes in MRTP Act to "tackle' the 'large-scale unauthorised construetionss.
As per the Government, the draft of the Bill has been prepared as various measures like removal of overlap in the jurisdiction of different authorities responsible for controlling development in rural areas, empowering the Collector to take action against unauthorised construction, and providing for compounding of unauthorised structures subject to certain conditions. Thus, though the stated object of the Bill is to 'tackles the unauthorised constructions, it actually aims at paving the way for 'protecting' such constructions.
The draft of the Bill proposes changes to Sections 2.14. 18.156. and insertion of a new Section 123 K-l. In Section 2. the Bill proposes to insert the definition of 'compounded structure'. As per the draft, 'compounded structure' means 'an unauthorised structure in respect of which the compounding charges as levied by the Collector under sub-section 2-B of Section 18 are paid by the owner or occupier of such structure, and which, upon such payment, has been declared as such by the Collector." In Section 14. provision for grant of additional floor-to-space (FSI) subject to certain conditions is proposed.
The powers for permitting the development within the gaothan area of a village as defined in Clause 10ofSection2of Maharashtra Land Revenue Code arc proposed to be given to the Gram Paneliayat concerned, in Section 18. In the same section, the Collector is proposed to be empowered to take action in respect of unauthorised constructions in rural areas, as per the guidelines for the time being in force. Also, provisions are proposed for delegation of Collector's powers to Oflier officers.
A new Section 124 K-l is proposed to be inserted in MRTP Act with a view to collecting the development charge while permuting development in the rural areas and to provide for its distribution between die State Government and the Gram Panchayat. InSection 156. it is proposed 'to protects the development which has been duly permitted or is deemed to have been permitted by the Gram Panchayat concerned within the area of gaothan or the Guiuhewari development dial has been duly regularised in accordance with the provisions of Maharashtra Gunthewari Developments (Reeularisation. Upgradation and Control) Act.
This is pretty interesting, as most of the construction that has mushroomed in die rural areas in the vicinity of urban centres have been termed as 'unauthorised' or 'illegal' ones as Gram Panchayats issued permission though it was not in their powers to do so. In many cases, like in Besa-Beltarodi area near Nagpur city, based on the Gram Panchayat's nod. many builders effected tall constructions in violation of FSI norms
Posted in: News 2014
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