Staff Reporter :
New rule of leaving 10 % land for Public Utility has citizens in a fix
With the date of applying for regularisation under Gunthewari Act for the plots within Nagpur Improvement Trust being extended, people having their property within Nagpur Metropolitan Regional Development Authority (NMRDA) and could not apply earlier too have become hopeful of extension of date. The people having their plots under NIT can apply till December 31, 2024.
About 1.5 lakh people have applied for regularisation of their plots under Maharashtra Gunthewari Developments (Regulations Upgradation and Control) Act within Nagpur Metropolitan Region Development Authority (NMRDA) are awaiting regularisation. Some people who wanted to apply but could not are now hopeful as date for NIT has been extended. When asked about this development, Sanjay Meena, Commissioner of NMRDA and Chairman of NIT told ‘The Hitavada’, “After NIT, the date for submission of application for Gunthewari regularisation under NMRDA too will be extended.”
Meanwhile, a new rule was brought by Government according to which the landowner has to leave 10% of the total land for Public Utility purpose.
There are several lands where the owners have sold all the plots and received money too. Now, it is difficult for them to rearrange everything. NMRDA is likely to stop their regularisation under Gunthewari under this rule. Whether this rule is being applied for the lands under NIT or not is not clear yet.
NMRDA faces problems regularly. The process of regularisation under Gunthewari for NIT had started immediately but for NMRDA, it was delayed. Metropolitan Commissioner of NMRDA had sought clarification about this issue. NMRDA had raised two questions--Whether the unregistered document be considered valid for the regularisation under Gunthewari and if such plot holders show readiness to submit registered documents under certain rules and conditions then should those be considered as valid for regularisation.
Government replied that if people submit unregistered documents but show readiness to get those documents registered under rules and conditions. The clarification says that only the applications submitted before December 31, 2020 are considered valid.
The plot holders who approach NMRDA with the documents available with them are expected to pay stamp duty on the plots they own. NMRDA will give them RL on the condition that the plot holders will submit registered document within a stipulated time.
The 2001 Act was amended on March 2, 2021 by the State
Government. According to the amendment made, all Gunthewari developments existing as on December 31, 2020 shall be eligible for being considered by the planning authority for regularisation. Approximately 1.5 lakh plot holders applied for registration of their unauthorised plots and paid Rs 3,000 per plot. The last date for accepting application was November 30, 2023. Even after 8 months, the NMRDA authorities have still not started issuing regularisation demand to the applicants as the authority sought clarification. Nowhere does the Act compel the applicant to provide registered documents along with application. It is important to note that Gunthewari Developments are the plots which were formed unauthorisedly sub-dividing privately owned land. It is practically impossible to expect a registered document of an unauthorised/non-sanctioned plot.
The revenue authorities/sub-registrar did not allow registration of any unauthorised plot.
Some developers on condition of anonymity pointed out, “This is causing great problem to citizens who have bought the plots, got their property registered and are pleading NMRDA to regularise the plots and sanction their building plan. Most people have started constructing their houses without getting any permission from NMRDA. Since 2001, NIT which is the planning authority for area within city limits has accepted unregistered agreements and has issued Regularisation Letter to lakhs of plot-holders. Gunthewari Regularisation in NMRDA region will boost infrastructure facilities.”