Only 1,000 of 1.5 lakh applicants get plotsregularised under Gunthewari Act in last 3 years
By Vikas Vaidya :
NMRDA announces new
date for Gunthewari
regularisation application
ONLY about 1,000 of 1.5 lakh
applicants in Nagpur
Metropolitan Regional
Development Authority (NMRDA) could get their plots regularised under Maharashtra
Gunthewari Developments
(Regulations Upgradation and
Control) Act in last three years.
Now, NMRDA has brought new
date wherein plot-holders have
to submit applications by
February 20, 2026 online. Why
NMRDA brought new date is a
million dollar question.
Implementation of an existing rule by Nagpur Metropolitan
Regulatory Development
Authority (NMRDA) making it
mandatory to leave 10% plot land
for Public Utility (PU) is the crux
of the problem as most people
have sold their lands. Now NMRDA has further extended the date
of application submission for
regularisation.
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.
The section also clears that the rule of
leaving 10% land is applicable
only to those who have not sold
the plots or not built anything
on it. Of the people who have
applied, more than 95% have
sold their plots.
It is interesting to note that
only about 1,000 plot holder have
received Regularisation Letter
(RL). According to a high level
source, only one layout of a
builder got his entire layout sanctioned at Mouza Bothali. Just
because most developers have
sympathy towards their customers, they are trying to resolve
the issues else, they have been
relieved of the responsibility. It
is the plot-holder who is suffering.
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 invited application from plot holders having plots in NMRDA
region to apply online for regularisation of unauthorised plots
All applicants paid Rs 3000 per plot. For about one-and-a-half years, the NMRDA authorities did not start issuing regularisation demand to the applicants. First the issue was about attaching registered documents with the application then it was insistence by the authority to get 10% land for public use.
In fact, the rule of leaving 10% land 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 is doing regularisation without developers leaving 10% land. The Gram Panchayat has evolved a system wherein it has introduced agencies of surveyer.
These surveryers are sent by the Gram Panchayats to do the survey of the land. These surveyers measure the land, gives approval and Gram Panchayat then provides the RL. NMRDA team is conducting ‘Mojni’ afterwards the people 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. This particular condition is surprisingly not been implemented in Mumbai, Pune and other cities, not even in Nagpur Improvement Trust. Why it is being enforced in NMRDA is a billion dollar question.
Who will
grant NA now?
The government has revoked the Collector’s powers to grant non-agricultural (NA) permission; who will grant permission now? Sections 41 to 47 and 108 to 120 of the Maharashtra Land Revenue Code, 1966, concerning NA (non-agricultural) permission, have been repealed. The State Government has published a gazette notification regarding this. The State Government has withdrawn the District Collector’s powers to grant non-agricultural permission. These powers have now been given to the local planning authority. A gazette notification has been published for this purpose. However, there is a lack of clarity on many issues. Will the Government premium, recovery of arrears, verification of the 7/12 extract, and recording in the land records be handled by the Revenue Department (i.e., the district administration) or by the local authority officials? Officials fear that this could lead to further confusion and potential legal disputes. The State Government has taken a major decision to boost development work in villages surrounding cities. Accordingly, permission from the District Collector is no longer required for non-agricultural use.