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Deviations? GHMC is here to clarify
The Government has extended the last date for filing of applications for the Compulsory Disclosure Scheme (CDS) to regularise unauthorised buildings and layouts through penal payments by another month i.e. May 31. Citizens can once again clarify their doubts or seek more information about the scheme through The Hindu Property Plus. Senior officials of the municipal department have agreed to answer the queries.
Questions can be sent to Property Plus, The Hindu, Begumpet, Hyderabad-16. You can also email to ‘propertyplus.hyd @thehindu.co.in’
Q. Is Compulsory Disclosure Scheme (CDS) applicable to new constructions or constructions under progress in Secunderabad Cantonment area? If applicable, with whom should the application be made? If not, is there any similar procedure available for the Cantonment area?
K.Subrahmanyam
Vikrampuri Greater Hyderabad Municipal Corporation (GHMC) replies: Since the Secunderabad Cantonment area is not part of GHMC jurisdiction, CDS is not applicable to the said area.
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Q. We have finalised a property for purchase in West Venkatapuram (Alwal). It is a duplex on a plot size of 155 sq yard. The original plot size was approximately 465 sq yards. The builder has divided the plot into three equal plots of 155 sq.yds each and has constructed duplexes of 2,500 sft on each. He says he has necessary approvals for each plot.
We have chosen the first house on the plot. The built up are is 2,500 sft (on 155 sqyards). The builder has got permission from the municipal authorities for approximately 1,300 sft but has deviated and constructed 2,500 sft instead.
Also in the permission taken, he has shown that he has left some space (approximately 2ft) from the boundary wall, but in reality he has not left any space. The building wall has been raised with the boundary wall. Now my question is what the tentative deviation in percentage is, and what would be the financial implications of it? Also whether the lack of space between the boundary and wall (as shown present in municipal approval) is taken as deviation? If yes, then what are the implications?
Namrata Giri Patra.
GHMC replies: Rates of penalisation charges are given in Table-A & B of BPS GO (which is available in hand book of guidelines for BPS / LRS schemes) and if there is any difficulty in calculating the penalty, you can contact the concerned Assistant City Planner / City Planner.
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Q. I constructed two floors each of 900 sft as against 850 sft sanctioned on a plot area of 166 sq yards (30ft X 5fFt). In addition I have also constructed a stilt solely for parking vehicles with no inbuilt structure for which there is no sanction. Besides, the frontage was left only seven feet as against municipal sanction of 10 feet with a balcony of 300 sft all around on each floor. Under the above circumstances, I wish to know how much should be my total payment for the deviation effected.
Anusha Parthasarathy
GHMC replies: The penalty shall be paid for the excess built up area constructed over and above the sanctioned plan as per the rates of penalisation charges given in Table-A & B of BPS GO (which is available in hand book of guidelines for BPS / LRS schemes).
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Q. My house/site does not fall under tank bed or ‘sikham’ lands. Because of the tank bed encroachment issue, Malkajgiri Municipality stopped approving plans for any type of construction in Balramnagar and part of Sitaramnagar. Therefore I could not get my old G+1 approved plan revalidated. But I was advised verbally that I could go ahead with my first floor construction on the strength of the old approved plan, and later get it regularised. While constructing the first floor I modified the approved plan which has resulted into deviation.
My question is whether I have to pay deviation penalty for the whole first floor or only for the deviation part due to modification.
S. D’Souza
Balramnagar, Malkajgiri GHMC replies: If the ground floor is not approved so far you have to pay the penalty for the entire ground and first floor area and penalisation will be considered subject verification of FTL aspect.
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Q. I bought a plot admeasuring 1,200 sq. yds. in a resort layout which has approval of the Patancheru Panchayat and it was registered as farm land. Will it come under unapproved layout and do I need to get it regularised? I bought a plot in a layout near Shamsabad. The layout has the approval of the Panchayat and it was laid before the ORR proposals and Growth Corridor proposals came into existence.
The said layout now falls in Growth Corridor. Can I get my plot and layout regularised under the CDS Scheme? I have two apartments in a complex, one on 1st floor and another on 3rd floor.
There are deviations from the sanctioned plan and I propose to get them regularised. One flat owner in my complex does not want to get his flat regularised, though there are deviations similar to mine. His flat is in the 2nd floor between my two flats.
The GHMC cannot demolish his flat as it will effect my flats which are getting regularised. What action the GHMC will take on that flat owner ?
C. S. Rao
Madhuranagar GHMC replies: (a) Yes, you have to apply for regulation of your plots under LRS scheme as the layouts approved by Panchayats are treated as unauthorized layouts.
(b) Stringent action will be taken against all such flats as per the provisions of HMC Act viz., sealing of premises, levy of exemplary fine etc.
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