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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.
“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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