The Hindu : Andhra Pradesh / Hyderabad News : Municipal Acts amended to facilitate regularisation

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Friday, Dec 21, 2007
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Andhra Pradesh

Andhra Pradesh - Hyderabad

Municipal Acts amended to facilitate regularisation

Official gazette notification published few days ago

They deal with provisions pertaining to regularisation of unauthorised constructions
Amendments also deal with increase in penal amounts for such buildings

HYDERABAD: The much debated and perhaps, much awaited ordinance to amend the existing Municipal Acts - The A.P.Municipal Laws and Urban Areas (Development), (Amendment) Ordinance, 2007 -- has seen the light of the day with an official gazette notification published few days ago.

However, it has not been made “public” as it deals with the controversial provisions of regularising unauthorised constructions besides, increase in penal amounts for such buildings. Officials are said to be discussing the guidelines to be issued for the Compulsory Disclosure Scheme (CDS) which could be the reason for the secrecy.

One time measure

GHMC Commissioner can now regularise and penalise constructions in deviation of the sanctioned plan as on the date of the issuance of the ordinance (December 15, 2007) as a one time measure and paying the requisite penalty. Once the fee is paid all pending enforcement actions will be withdrawn. An occupancy certificate too will be issued to the owner thereafter.

To facilitate regularisation and higher penalties, new sections 452, 452-A and 455-A have been introduced into the old HMC Act empowering the Commissioner to regularise buildings having a setback violations of up to 10 per cent on payment of 100 per cent of the existing land value fixed by the Registration Department in respect of the violated floor area.

Buildings constructed without any sanctioned plan too can be regularised after all fees are paid provided the built up area conforms to the relevant bylaws and payment of penalty equivalent to 33 per cent of various fees in addition to the regular fee for building permission.

The ordinance amends the Hyderabad Municipal Corporation Act, 1955; The A.P. Municipalities Act, 1965;

The Visakhapatnam Municipal Corporation Act, 1979; The Vijayawada Municipal Corporation Act, 1981; the A.P. Municipal Corporations Act, 1994 & The A.P. Urban Areas (Development) Act, 1975.

The Municipal Commissioners of Visakhapatnam and Vijayawada can also regularise and penalise unauthorised constructions plus also the issue the occupancy certificate.

Penalty

For regularising layouts, the penalty will be between 10 and 20 per cent of the existing lane value and one per cent of land value at the time of using the land or building as fixed by the Registration Department. Vice-Chairmen of Urban Development Authorities are empowered to regulate and penalise illegal structures in gram panchayats.

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