Property Plus
Bangalore
Chennai
Hyderabad
Kochi
Malabar
Thiruvananthapuram
Plots in villages covered by GO 111 cannot be regularised
Q. It is mentioned in the LRS booklet that plots in villages covered by G.O.No:111 would not be taken up for regularisation. But it is not clear as to whether the plots in residential zone (as declared by HUDA in their draft master plan) of these villages (covered by GO No:111) can be regularised or not.
It is stated by the Government that the amount of money collected through LRS will be used for development of the layouts. It is also mentioned in the LRS booklet that even plots in layouts having draft approval of HUDA (generally called tentative approval) need to be regularised. We have a plot in layout tentatively approved by HUDA and which was developed fully but was not granted final approval. Please inform whether we have to pay full amount of penalisation (for the plot in fully developed layout) in view of the fact that the penalisation amount is meant for development of layouts?
Ch. Himabindu
Greater Hyderabad Municipal Corporation (GHMC) replies: No, the plots in villages covered by GO No:111 will not be considered for regularisation. You have to pay the full amount of penalisation irrespective of the developments under taken in a unauthorised layout.
Q. I have bought a plot of land in 1982 which was sold to me by a member of theGurukul Trust. It has the survey number 11/34. I have recently heard that the government will ’regularise’ this land against payment of some charges. I am not able to get specific information about the matter since I live away from Hyderabad. Please let me know the present status of the Government decision and if there is any G.O. issued towards regularization of the land.
Ranganatha
You have to approach the Revenue Department for any clarification on this issue as the GHMC is not the competent authority to comment any thing on this issue.
Q. My independent house is located at Hemanagar under Boduppal Gram Panchayat. It is constructed on 150 sq.yds plot as per the approved plan by Panchayat only with small deviation within my premises.
We have left the space on three sides of the building, but not in south side. There is no boundary wall constructed on this side. My house wall is attached to neighbour’s house wall as my neighbour also has not built boundary wall to his north side. But as per the plan four sides should have space.
When I approached Panchayat, they told me that regularisation is not required because deviation is with in the premises and not encroached on other’s plot. Hence, I ignored. Please suggest me whether I should go for regularisation and if yes, how much I need to pay for deviation and where to get it done since my house comes under Boduppal Panchayat.
Ravikiran
Boduppal Grampanchayat is not part of GHMC hence you have to apply to HUDA for penalisation of deviations made by you.
Q. We negotiated and paid advance for a plot in Hada Zone near Jalaplly but registration is yet to be done. The layout is a Panchayath approved layout. As per the current LRS, the plots registered before 31st December 2007 only can be regularised. Then what happens to plots registered after 1st January. Please clarify?
Ch.Venkateswarlu
Approach the HUDA for clarification on this issue as Jalapally village is not in GHMC limits.
Q. We purchased a flat of 850 sft at Miyapur but we haven’t received any notices from GHMC so far. Do we still need to regularise? How do we know whether there are any deviations in our apartment? The builder is not accessible to us any more to check. The apartment was built but the permission / building plan was as per group housing scheme. Does it require to be regularised?
Krishnarjuna Rao
You can contact the Assistant City Planner of Serilingampally Circle to know whether your flat is in deviation or not and accordingly you have to apply under BPS.
Q. We purchased plots in a layout in Sy.No.96 of Gachibowli under Serilingampalli municipality. The layout has approval of Kondapur Panchayat long back.
With due permissions from municipality, we constructed houses and are paying our house-taxes to Serilingampally municipality regularly and promptly. Will it come under unapproved layouts category and need we get our plots regularised under LRS?
C.S.Rao.
No. However, if there are any deviations to the sanctioned plan you have to apply under BPS.
Q. We have open plots at Kuntloor village under Hayatnagar mandal purchased during 1992-93. The layout was approved by Kuntloor Gram Panchayat and no houses were built so far in that layout and all are vacant plots. The layout has 40 ft main road and 30 ft and 25 ft internal roads. A vacant place of seven acres is left for parks, schools and temples etc. Our question is whether we have to apply for CDS when the Panchayat was the only sanctioning authority while we had purchased?
Dr.K.Venkat Reddy and others.
Panchayat layout cannot be treated as approved layout and you have to apply under LRS for regulation your layout.
Q. I purchased a flat in Tarnaka in 1998 and got a document from the builder that states that he has applied for regularisation of the deviations he has made in the sanctioned plan. The allocation number for the aforesaid application is 65/TP/R8/SD/MCH/98. However, he only provided verbal promises that the regularisation is complete and the associated documents are with him and would provide copies if asked by authorities. But now he is missing. How can I know if my flat, Sai Sadan 12-13-677/68/73/303, needs regularisation under the new 2008 scheme?
R. Kannan
Acknowledgment cannot be considered as proof of regularisation and you have to apply afresh under BPS scheme. However, the amount already paid by you will be adjusted and balance if any as per the present rates has to be paid by you.
I am planning to buy a flat in the residential area of Narayanguda. As per the municipal plan for the apartment complex, the sanction is for one unit each on Ground + 3 floors and parking on ground floor. The permitted FSI including common area is 790 square meters and the builder has shown a built up area for 778 square meters in the plan.
However , the builder has actually constructed four flats each on first, second and third floor leaving the ground floor for parking only and the actual built up area is about 500 square meters only.
The builder claims that there is no need to apply for regularisation for the apartment for this purpose as the builder has underdeveloped and not exceeded the approved plan area. Is this correct? What about the four flats each on the three floors? Should the flat owners apply for basic penalisation charges as per Annexure –II (Table C) in BPS or would all those flats be considered unauthorised?
Kunal Kumar
Yes, you have to apply under BPS Scheme. The flats located within the permitted floors will be treated as flats with deviation and flats located in the unauthorised floors will be treated as complete unauthorised flats.
Q. Our builder had taken permission for two BRHK units one in ground, first and second floors but constructed one two BRHK in ground floor and one three BRHK +one two BRHK in first floor, second floor, three floor and one PH in the fourth floor. Further he had constructed one shop also in the ground floor.
There is parking area hardly sufficient for three cars. In this case can the builder get the shop regularised in his favour? Since he showed 2 BRHK in the plan is it required for 2 BRHK owners also to apply for regularisation.
K. Bhaskara Rao
If the shop was constructed in the area earmarked for parking will not be regularised. Further the flats located within the permitted floors will be treated as flats with deviation and flats located in the unauthorised floors will be treated as complete unauthorised flats and penalisation charges have to paid accordingly.
I met one consultant, who said that the deviation is calculated based on undivided share of land and the actual flat area (with common area). Some of owners in our apartment have already applied with this consultant.
But what I heard from others is that the deviation is calculated based on the area shown in actual plan and the plinth area.
Ramesh
Penalisation charges have to be calculated on the actual plinth area i.e, excluding the common areas.
Q. I had got permission for construction for ground floor plus two in the year 1986 and I had constructed ground plus only with slight deviations. Whether I am liable to regularise it now or I am exempted from regularisation, as I constructed it in the year 1986?
Shaikh Siddiquie
As per the BPS scheme the buildings constructed prior to 1.1.1985 are exempted from Penalisation and you have to apply under BPS for Penalisation of deviations since the construction is made after 1.1.1985.
Q. In 1998, we applied for regularisation and there is a record of payment also. Are such applicants eligible for some concession or they have to apply afresh or they don’t need to apply at all. What happens to the money paid earlier and the effort taken then for applying for regularisation?
Aslam
You have to apply afresh under BPS scheme. However, the amount already paid by you will be adjusted and balance if any as per the present rates has to be paid by you.
Printer friendly
page
Send this article to Friends by
E-Mail
Property Plus
Bangalore
Chennai
Hyderabad
Kochi
Malabar
Thiruvananthapuram
|
