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Telangana Govt o Amand Rules to help regularize unauthorized buildings

Hyderabad News. TOI 06.02.2015


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(Excl Ventures News.)Fearing legal hitches to the proposed regularisation scheme for illegal buildings, the Telangana government is now planning to amend municipal acts, including the Greater Hyderabad Municipal Corporation Act. As of now, only minor deviations and independent houses built as per building rules but without permission from the civic body can be regularised after collecting the penal amount. Now, the state government is planning to replace these clauses with regularisation of all types of constructions including high-rises, albeit with some riders.

Chief minister K Chandrasekhar Rao recently indicated more than once that the state government plans to introduce a scheme for regularisation of unauthorised structures on the lines of the erstwhile Building Penalisation Scheme (BPS). These schemes are being mooted eyeing the huge revenue potential they offer for the government. The state is already implementing a different regularisation scheme for buildings in government land.

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“In the previous building regularisation and layout regularisation schemes announced in 2008, the Congress government declared that it was a one-time opportunity for people. The schemes were self-limiting and set to lapse after the due date. This was even informed to the AP high court when some non-governmental organisations approached it against BPS. Now, the state government cannot come up with a scheme in the same format,“ a Municipal Administration and Urban Development (MA&UD) department official told TOI.

Officials said that there are some provisions in the New Building Rules, 2012 and master plan for Hyderabad Metropolitan Region (HMR) to regularise unauthorized structures and deviations. A special provision was incorporated in the HMR master plan to legalise unauthorised structures.The regularisation comes with a rider that the construction should be as per prescribed rules and regulations and property owners would have to pay a penal amount and other charges as prescribed by the met ropolitan commissioner.

“By using this clause in the Rules, GHMC has regularised several structures in areas like Kapra and LB Nagar by collecting about 33% penalties on building fees and other charges,“ a GHMC city planner said.

With regard to deviations in permitted buildings, as per AP Building Rules, 2012, the constructions can be regularised for obtaining Occupancy Certificates (OC) on payment of penal fees. Minor deviations, mainly for vaastu purpose or setback violations (except for front setbacks) are being considered as long as such deviations are less than 10% of the total built-up area. The compounding fee is 100% of the land value fixed by the registration department at the time of collection of penal amount for the violated portion. Compounding of such violation is not being considered for buildings constructed without obtaining any sanctioned plan.

MA&UD department sources said that the draft to change the existing Acts to allow further regularisations without involving legal restrictions is being prepared by GHMC and the chief minister, and a meeting on this issue is likely to be held very soon. Amendments to various Acts would be announced in the first week of March, 2015 after getting all clearances from the legal wing.

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