Gunthewari Plot Regularisation About 1.5 lakh applications pending

 

 

About 1.5 lakh people who have applied for regularisation of their plots under Maharashtra Gunthewari Developments (Regulations Upgradation and Control) Act are waiting to get the process completed. The process is taking time because Nagpur Metropolitan Region Development Authority (NMRDA) has now asked the applicants to submit registered documents, which it did not ask while inviting applications. 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. On May 26, 2023, the then Commissioner of NMRDA published a notice in all leading newspapers inviting application from plot holders having plots in NMRDA region to apply online for regularisation of unauthorised plots.

 

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. The reason being cited is ‘we are seeking clarification from Government regarding unregistered documents’. Shockingly, Government did not ask NMRDA to ask for registered documents from the applicants. Why is then NMRDA seeking clarification from Government is the million dollar question. Section 4(2)(a) of Gunthewari Act clearly states that “The application shall be accompanied by documentary proof of ownership or lawful possession of the plot”. Nowhere the act compels 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. So how can a plot owner who has purchased a plot in unauthorised lay out, provide a registered document to the NMRDA authorities, when the Sub Registrar did not allow registration of unauthorised plots? It is only because of this reason; the Maharashtra State Government amended the Gunthewari Act to provide relief to the common man. The NMRDA authorities have asked for opinion regarding “weather unregistered agreements for sale or unregistered sale deed can be regarded as evidence of creation of a ‘Gunthewari Development’ as defined under section 2(1)(a) of Maharashtra Gunthewari Act 2001?” Since 2001 NIT, which is the planning authority for area within city limits has accepted unregistered agreements/letter of possession from the plot holders and considering those unregistered documents as evidence of a Gunthewari Development have issued Regularisation Letter to lakhs of plot holders. In fact, most of the localities of West Nagpur like Dabha, Swawalambi Nagar, Deen Dayal Nagar, Manish Nagar, have been regularised on the basis of unregistered agreement/possession letter provided by the applicants. Prior to 2000, these localities were considered as the outskirts of Nagpur and lacked basic infrastructure like road, drinking water pipe line, sewer line etc. After Gunthewari Regularisation, the plot holders were provided with all the basic civic amenities, due to which these localities have become one of the most sought after residential localities in Nagpur. Similarly, Gunthewari Regularisation in NMRDA region will boost infrastructure facilities.

 

Out of the total applicants, who have applied for regularisation of their plots with NMRDA, approximately 90% of the applicants have submitted unregistered documents (Agreement or possession letter) on a Rs100 stamp paper. Now if the authorities decide not to accept the unregistered documents, then it will hamper the very intent of Gunthewari Act. Also, if in a layout of 100 plots, only 50 plot holders submit the registered documents, what will be the fate of the other 50 plot holders who have not supplied registered documents. Krishna Khopde, MLA told ‘The Hitavada’, “Pendency of applications is not good thing. Those many people should not suffer. We are approaching Government to get things done. I am hopeful that soon the work will begin.”