The issue of around 1.5 lakh people who have applied for regularisation of their plots under Maharashtra Gunthewari Developments (Regulations Upgradation and Control) Act still hasn’t been resolved. Implementation of an existing rule by Nagpur Metropolitan Regulatory Development Authority (NMRDA), making it mandatory to leave 10% plot land for Public Utility (PU), has created a situation of confusion. NMRDA has decided to follow the condition given in Gunthewari Act’s section 3 (2) (a), according to which in the layout, ten per cent of the plots shall vest in the Planning Authority, free of cost. This rule was not strictly implemented earlier when several areas of Nagpur were regularised under Gunthewari. Same is the case in rural areas where Gram Panchayat at present are doing regularisation without developers leaving 10% land. Metropolitan Commissioner of Nagpur Metropolitan Regulatory Development Authority (NMRDA) Sanjay Meena 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. The State Government replied that if people submit unregistered documents but are willing to get those documents registered under rules and conditions. The clarification says that only the applications submitted before December 31, 2020 are considered valid. Accordingly, the plot-holders were supposed to approach NMRDA with the documents available with them, they were expected to pay stamp duty on the plots they own. NMRDA will give them RL on the condition that the plot-holders would submit registered document within a stipulated time. After this clarification too, the process is not moving ahead and people who have applied long ago are facing a lot of issues. When ‘The Hitavada’ contacted Sanjay Meena, Commissioner of NMRDA, he pointed out at the provision of Gunthewari Act. He said, “We have sent 22 layouts for measurement.” NMRDA team is conducting ‘Mojni’ after when the people who come to NMRDA, where they have been asked to leave 10% land for PU and prepare the proposal again upon which NMRDA will regularise such plots under Gunthewari Act.

 

Surprisingly, this particular condition has not been implemented in Mumbai, Pune and other cities and not even Nagpur Improvement Trust, whose Chairman is Meena. In Nagar Panchayats, the plots are being brought under Gunthewari Act without applying the condition of leaving 10% land for PU. In fact, during the tenure of Dr T Chandrashekhar as NIT Chairman, the plots in Somalwada, Dharampeth were given exemption and brought under Gunthewari Act. When it was brought to the notice of Meena, he said, “I have nothing to say about it. I am following the provisions of the Act.” The 2001 Act was amended on March 2, 2021 by Maharashtra 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 by 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. Since 2001 NIT, which is the planning authority for area within city limits has accepted unregistered agreements and have issued Regularisation Letter to lakhs of plot holders. Gunthewari Regularisation in NMRDA region will boost infrastructure facilities.