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CDS: between the devil and deep sea?
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Compulsory Disclosure Scheme brings cheer in principle but seems full of hassles in practice, writes V. Geetanath
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The light blue handbook is becoming a familiar site in many homes of late. With little more than a fortnight left for the Compulsory Disclosure Scheme (CDS) to regularise unauthorised constructions and illegal layouts through penal payments to close, the anxiety among citizens is discernable.
While municipal offices receive increasing flow of applications, the doubts and questions from citizens too has been growing by the day.
This is despite the handbook (with application form & guidelines) containing all the necessary information being issued in all civic bodies for a price of Rs.25 and also available on the ghmc.gov.in website.
The devil is in the detail, though. A far more vigorous awareness campaign in different localities would have been helpful, accept officials as it is not a simple pay and forget scheme.
Issues
There are several issues involved like many living in apartments having no idea of violations, builders refusing to pay, no means of fixing them, municipal corporations issuing notices to the owners but lacking building violation details has caused much uncertainty
The municipal officials, however, were clear it was not practical to measure every building violation and have advised citizens to approach respective circle offices for clarifications. A few locality meetings were held presided over by the officials of the circle concerned but they were given up as the CDS also lost some steam when the matter went to the court. Subsequent court directions allowed applications be filed and final clearance be withheld.
Tough act
The civic bodies were also given a green signal to act tough including demolitions of illegal constructions coming after December 15, 2007 as CDS was valid only till that date. All this set the ball rolling yet again as is evident in GHMC alone receiving 25,000 applications and penal fees of Rs. 100 crore.
The interregnum also helped officials to simplify filing process to make it more convenient for applicants.
For instance, the rigmarole of running after sub-registrar offices for the land market value certificate to help assess penal fee to be paid was reduced at least for apartment owners.
Now, a single such certificate for an entire complex will do now and all flat owners of a particular complex can affix a copy along with their application.
Chief City Planner B. Purushothama Reddy has also clarified that registered sale deed attested by the owner himself/herself is acceptable.
A photograph of the front side of the building and inside of the flat is required. Old sanctioned plan is not being insisted upon but a revised three sets of sketches by licensed technical personnel like structural engineer, surveyor or architect is vital (see diagram & checklist).
Hassle
A Rs. 100 worth indemnity bond through a notary is another big haggle. You can get it only after paying double the amount.
“The Government should have put all these documents in the booklet and charged for them instead of making us run around various Government offices,” bemoaned Prasad, an applicant.
There is also a school of thought which is of the opinion that paying total penal fee in one go is better than paying in in two instalments within six months i.e till September as is officially permitted.
There could be a point considering that those who paid half or did not submit all the documents under old Building Regularisation System (BRS) a decade ago are still not sure if the amount will be adjusted now.
Many have been doing the rounds of the municipal offices in the last couple months seeking clarifications whether they have to apply afresh and pay in full again. The Government is yet to take stand on the issue.
No layout problems
The CCP has also made it clear that there was no problem about issuing final clearance certificates for regularising illegal layouts provided applicants pay the requisite penal fees and submit all documents.
“We have already inspected some of the cases in the suburbs.
There is no restriction in clearing them fully,” said Mr. Reddy.
The GHMC has plans to organise area wise meetings once they get substantial number of clearances and hand them over to the citizens.
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