Maharashtra to regularize unauthorized buildings, land rights to housing societies

Transfer of lease to ownership will come at a premium

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Geetanjali Minhas | December 15, 2015 | Mumbai



Maharashtra has decided to regularise all unauthorised constructions on private lands provided constructions were not coming up under reservation of any kind the development plan or regional plan. The Gunthewari constructions would also be regularised provided these are on private land without any change of land use purpose to non-agricultural from agricultural one. This was announced in the state assembly by revenue minister Eknath Khadse.

The transfer of ownership title from lease will, however, come at a premium. The decision would result in regularisation of lakhs of construction in almost all the big cities including Mumbai, Pune, Nashik, Aurangabad, Solapur, Kolhapur, Nagpur etc. The state government had appointed two committees on unauthorised constructions under current chief secretary Swadheen Kshatriya and the then Mumbai commissioner Sitaram Kunte. Both committees had given their reports pertaining to unauthorised constructions in rural and urban areas in the state.

Accordingly, the state government arrived at this decision that it was not possible to raze down such constructions unless they are on government land or affecting reservation for any project of larger public interest.

It is estimated that nearly Rs 10,000 crore revenue is expected from this project. The policy decision will not only be confined to residential societies but also would be extended to all cooperative societies, educational trusts and commercial establishments that have legal sanction.

Khadse said that reforms in turning the lease holding to ownership rights is to get rid of the hassle’s faced by individuals or cooperatives or societies every time they have to renew their lease or undertake new registration.

Khadse added that there are several properties which have completed 99 years of lease, the government can never claim the rights to the property. Once the lease is over they have to seek the renewal of lease paying a very small amount and the revenue generated is insignificant.

Additionally, government has also indicated that it can regularise all residential properties on private land which come under the development plans across Maharashtra. This will help the state government generate Rs 6,000 crore.

The government has taken cognizance of the fact that at present, despite making full payment individuals are deprived of occupation certificates as the original land does not find a mention in the individuals’ name.

The government has also said that having a certificate of farmer would no longer be mandatory for individuals or trusts engaged in buying an agriculture land which have been developed into plots and meet the parameters of development plans. Many cases have come to light where individuals have furnished false certificates of farmers or information related to agriculture activities to procure agriculture plots across Maharashtra.

The decision would apply to a large number of societies in Thane Ghodbandar areas where builders have built constructions and a large number of constructions, which are yet to start due to non-agricultural use purpose certification.

Khadse added that the government has arrived at a policy decision that the cooperative societies or educational institutions on government lands would be converted into class I category instead of class II after paying as per the RR rates for the conversion.

Khadse informed that whether it is Sindhi or Sikh brothers or those from any other community who had migrated from Pakistan during the partition would have ownership of the land where they have been rehabilitated in Mumbai. He informed that the state government has decided to change their lands to lass I from present Class II where they don't have ownership rights and they can sell the land.

The revenue department has tentatively worked out the long list of such properties.

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