The long-pending issue of regularisation of nearly 1.50 lakh Gunthewari plots in the Nagpur Metropolitan Region continues to remain unresolved, leaving thousands of plot-holders caught between the provisions of the Maharashtra Gunthewari Developments (Regulations, Upgradation and Control) Act and its implementation by the Nagpur Metropolitan Region Development Authority (NMRDA). The biggest hurdle is the insistence on implementation of the provision requiring 10 per cent of plottable land in a layout to vest with the Planning Authority free of cost for public utility purposes. The issue has assumed serious proportions because a large majority of applicants have already sold their plots or constructed houses on them.

 

Consequently, plot-holders who purchased these properties years ago are now finding it difficult to fulfil a condition concerning the original layout. According to Section 3(2)(a) of the Gunthewari Act, 10 per cent of the plots in a layout is to vest in the Planning Authority free of cost. The provision also makes a distinction in respect of plots that are unsold and unbuilt, which has become a key point of contention in the implementation of the regularisation process. Developers willing, but no officers available: The issue has now taken another peculiar turn. A few developers have agreed to hand over 10 per cent of the plottable land to NMRDA free of cost in order to facilitate the regularisation of their layouts and provide relief to plot-holders. However, even in such cases, the process is reportedly not moving forward. Officials appointed by NMRDA to execute and sign the necessary Transfer Deed for taking possession of the 10 per cent land are reportedly not readily available. Plot-holders and developers approaching the authority are allegedly being told that the concerned officers are busy with the land acquisition process for New Nagpur.

 

This has created an unusual situation: where developers are willing to comply with the condition and surrender the required land without seeking any compensation, the administrative machinery itself is reportedly unable to complete the formal transfer. Developers willing to fulfil the statutory requirement are therefore questioning why the regularisation process should remain stalled when the required land is available and is being offered to the Planning Authority free of cost. The issue also raises questions over the prioritisation of officers assigned to handle Gunthewari regularisation.

 

With around 1.50 lakh applications involved, plot-holders contend that the authority should have a dedicated mechanism and adequate manpower to complete the process within a reasonable timeframe. More than 95% applicants have already sold plots: The situation is particularly difficult for individual plot-holders because, according to those associated with the process, more than 95 per cent of applicants have already sold their plots. In many cases, the original developer or layout owner no longer has control over the land, while the present plot-holder has already paid for and occupied the property. A person who purchased a 1,000-square-foot plot, for instance, cannot now be expected to surrender 100 square feet from a property that has already been sold and registered. The problem becomes even more complicated where a house has already been constructed. This has resulted in a peculiar situation where people who have come forward voluntarily to regularise their properties are unable to complete the process despite being willing to comply with other statutory requirements.