Keyword(s):
Commissioner, Designated Authority, Unauthorised Development
[Act No. IX OF 2006]
[21st April, 2006.]
Preamble
An Act to regularise unauthorised developments in the City of Ulhasnagar and for matters connected therewith or incidental thereto.
WHEREAS there has been unauthorised developments in the City of Ulhasnagar on the large scale;
AND WHEREAS such unauthorised developments were liable to be removed and pulled down;
AND WHEREAS by removal and pulling down of such unauthorised developments hardship to a large number of people was likely to be caused;
AND WHEREAS it was expedient to have a law to provide for regularisation of certain unauthorised developments in the City of Ulhasnagar and for matters connected therewith or incidental thereto;
AND WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law, for the purposes hereinafter appearing; and, therefore, promulgated the Regularisation of Unauthorised Developments in the City of Ulhasnagar Ordinance, 2006 (Mah. Ord. I of 2006), on the 14th January, 2006;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the fifty seventh year of the Republic of India as follows:-
Section 1 – Short title and commencement
(1) This Act may be called the Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006.
(2) It shall be deemed to have come into force on the 14th January, 2006.
Section 2 – Definitions
(1) In this Act, unless the context requires otherwise, –
(a) “Commissioner” shall have the meaning assigned to it in Clause (9) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);
(b) “Designated Authority” means the Designated Authority appointed under sub-section (5) of section 3;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “unauthorised development” means the development carried out, without obtaining the permission of the authority competent to give such permission or in contravention of the permission.
(2) Words and expressions used but not defined herein shall have the respective meanings assigned to them in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966); or the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949).
Section 3 – Regularisation of unauthorised developments
(1) Notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949) or any rules, regulations or bye-laws made thereunder (hereinafter referred to as “the relevant law”), unauthorised developments carried out in the City of Ulhasnagar, before the 1st January 2005, shall be regularised in accordance with the provisions of this Act.
(2) (a) A notice issued to a person under the relevant law at any time before the 1st January, 2005, requiring such person to remove, pull down or alter unauthorised development carried out, owned or occupied by him; or
(b) any order issued or decision taken under the relevant law at any time before the date of commencement of this Act, directing removal, pulling down or alteration of unauthorised development carried out or discontinuance of any use of land or building owned or occupied by a person, shall, unless and until such notice, order or decision stands revived under sub-section (7), be deemed to have stood suspended on the date of commencement of this Act.
(3) (a) Notwithstanding anything contained in the relevant law or in the order issued or the decision taken under such law, directing removal, pulling down or alteration of unauthorised development, or discontinuance of any use of land or building, the Designated Authority, either on the basis of information available with it or on an application made to it, is of the opinion that, unauthorised development carried out in the City of Ulhasnagar before the 1st January, 2005 may, having regard to the provisions of section 4, be regularised, it may, within such period and in such manner as may be prescribed, serve on such person a notice requiring him within such period not being less than a month as may be specified therein to comply with requisitions made under section 4 and to deposit the compounding fees determined in accordance with the Table below and the development charges leviable under section 124-B of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
Table of Fees
| A. For uses other than commercial, – | |
| (1) Margins and set-backs | 10% of the market value of land as per Ready Reckoner. |
| (2) Floor Space Index | 20% of the market value of land as per Ready Reckoner. |
| (3) Covered projection | 10% of the market value of land as per Ready Reckoner. |
| (4) Change of use | 10% of the market value of land as per Ready Reckoner. |
| (5) Common plot and consolidated open plot | 10% of the market value of land as per Ready Reckoner. |
| (6) Height of building | Rupees two thousand per running meter over and above the permissible height of building. |
| (7) Parking deficiency | 10% of the market value of land as per Ready Reckoner. |
| (8) Other than Items (1) to (7) above | As the State Government may, by general or special order, notify. |
| (B) For commercial use, – | (i) Two times of the fees specified for use mentioned in Clause A for ground floor and first floor. |
