PART I EXTRAORDINARY

(1)

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT

(M)

THE ANDHRA PRADESH REGULARISATION OF UNAPPROVED LAYOUTS AND

PLOTS RULES, 2020

[G.O.Ms.No.10,

Municipal

Administration

Urban

Development

(M)

Department,

08^th January, 2020]

NOTIFICATION

In exercise of the powers conferred by section 44-A of the Andhra Pradesh Town

Planning Act, 1920, section 585 of the Municipal Corporation Act, 1955, section 326 of the

Andhra Pradesh Municipalities Act, 1965, section 18(1) of the Andhra Pradesh Capital

Region Development Authority Act, 2014 and section 116(1) of the Andhra Pradesh

Metropolitan Region and Urban Development Authorities Act, 2016, the Government of

Andhra Pradesh hereby make the following Rules:

These Rules may be called “The Andhra Pradesh Regularisation of unapproved

Layouts and Plots Rules, 2020” and they shall come into force with immediate

effect.

Applicability:

(1) These Rules shall be applicable to all the following in the State:

(a) The Andhra Pradesh Capital Region Development Authority (except Capital city),

(b) Vishakhapatnam Metropolitan Region Development Authority (VMRDA),

Registered No. HSE-null

No.56

AMARAVATI, WEDNESDAY, JANUARY 8, 2020

G.979

NOTIFICATIONS BY GOVERNMENT

--x--

(2)

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[PART-I

Petroleum Chemical and

Petrochemical

Investment Region Special Development Authority(VK-PCPIRSDA),

(d) All Urban Development Authorities,

(e) Municipal Corporations, Municipalities, Nagar Panchayats

(f) Gram Panchayats falling outside of Urban Development Authorities and

covered by Master Plans / Zonal Development Plans.

(g) Industrial Area Local Authorities (IALAs)

(2)

These Rules and conditions herein shall be applicable to all existing unapproved

sub-division of plots, existing unapproved layouts or ventures promoted by land

owners/private developers / firms / companies / property developers /

societies where the plot/plots with registered sale deed prior to 31.08.2019. The

Plot/Plots is/are eligible for Regularisation when the said plot/Plots is/are part of

unauthorized layout with clear sub-division of land and with clear demarcation of

plots and roads.

(3)

In the event of only some plots holders are coming forward for regulation in an

unapproved layout, the layout pattern as approved by the Competent Authority

shall be applicable to the entire layout area. The local authority shall be

responsible for enforcing such approved layout pattern.

Definitions:

(1) “Unapproved layout” means sub-division of land into plots with or without

developed roads, open spaces and amenities and without the approval of the

Competent Authority.

(2) “Unapproved plot” means plot within the unapproved layouts.

(3) “Competent Authority” is the authority who is empowered to accord in-

principle approval of Layout pattern

(a) The Commissioner of Andhra Pradesh Capital Region Development

Authority in case of Municipalities/Nagar Panchayats and Gram Panchayats

falling in its jurisdiction.

(b) The Commissioner of Vijayawada and Guntur Municipal Corporations in

case of areas falling in their jurisdiction.

Development Authority in case of Municipal Corporations (other than

Greater Visakhapatnam Municipal Corporation) / Municipalities / Nagar

Panchayats and Gram Panchayats falling in its jurisdiction.

(d) The Commissioner of Greater Visakhapatnam Municipal Corporation in

case of areas falling in its jurisdiction.

(e) The Vice chairman of Visakhapatnam- Kakinada petro chemical and petro

investment Region Special Development Authority (VK-PCPIR SDA) in

case of areas falling in VK-PCPIR SDA limits.

(f) The Vice Chairmen of the Urban Development Authorities in case of areas

falling in TUDA/PUDA;

(g) In the areas not covered above, the Director of Town & Country Planning is

the authority who is empowered to accord in-principle approval of

Layout pattern or his delegated Officer.

(h) Any authority declared as Competent Authority by the Government.

(3)

(4). “Sanctioning Authority” is the authority authorized to implement the layout

pattern approved by the Competent Authority and regularize the individual plots

duly following the layout pattern approved by the Competent Authority.

(a) The Commissioner of Andhra Pradesh Capital Region Development Authority

in case of Gram Panchayat areas falling in APCRDA limits.

(b) The Metropolitan Commissioner of Vishakhapatnam Metropolitan Region

Development Authority in case of Gram Panchayat areas falling in VMRDA

limits.

Petrochemical Investment Region Special Development Authority (VK-

PCPIRSDA) in case of Gram Panchayat areas falling in VK-PCPIR SDA limits.

(d) The Vice Chairmen of the Urban Development Authorities in case of Gram

Panchayat areas and IALAs falling in their respective jurisdiction;

(e) The Commissioner in case of areas falling in Municipal Corporations,

Municipalities and Nagar Panchayats.

(f) The Panchayat Secretaries of concerned Gram Panchayats in case of Gram

Panchayats falling out of UDAs and covered with Master Plans with the prior

approval of Regional Deputy Director of Town Planning concerned.

(g) Commissioners of concerned Industrial Area Local Authorities, in case of

IALAs falling outside of UDAs.

(5)

“Layout Pattern” means layout plan approved by the Competent Authority with or

without changes, to the layout plan submitted by the layout promoter/Society /Association

or the layout prepared suo- motu by the sanctioning authority and approved by the

Competent Authority for the purpose of improving the layout in the interest of planned

development.

(6)

“Plot holder” means a person on whose name the plot is registered with a

registered sale deed prior to the cut-off date.

Terms and expressions which are not defined in these Rules shall have the same

meaning as in the respective Rules / Regulations of the respective local authorities and as

defined in the National Building Code or relevant Acts as the case may be, unless the

context otherwise requires.

4. Cut-off date for considering regularisation of unapproved layouts:

Only those unapproved layouts and sub-division of plots with registered sale

deed/title deed as a plot prior to 31.08.2019 shall be considered for regularisation

under these rules.

5. Eligibility for submission of Application:

(1) It shall be compulsory for any plot owner in unapproved layouts to file an

application for regularisation of the plot/layout within 90 days from the date of

notification of these rules.

(2) Application for regularisation of unapproved layouts and subdivision of plots

can also be made by a society/association/colony developer representing the

plot owners in unapproved layouts. In such cases, the applicants shall be wholly

and severally responsible to comply with the conditions and pay the requisite

fees and charges as prescribed in these rules.

(4)

(3) Application procedure:

The application for Regularisation of Unapproved Layouts and Plots shall be

made through online module developed and monitored by Director of Town &

Country Planning.

(4) Documents to be enclosed along with the application:

(a) Site plan drawn to scale with dimensions of the plot, width of roads.

(b) A copy of Topo sketch showing the location of layout and connectivity of

the layout to the public road and physical features surrounding the layout.

under roads and the plot/ plots applied for regulation.

(d) Self attested Copy of registered sale deed/title deed executed prior to

31.08.2019.

(e) Location Plan

(f) Latest Encumbrance Certificate (EC).

(g) Land Conversion Certificate (LCC)/Receipt of intimation of payment for

land conversion under Andhra Pradesh Agricultural Land (Conversion for

Non-agricultural Purposes) Act, 2006 as amended (not applicable for the

sites registered as plots prior to 02.01.2006).

(h) Indemnity Bond in the format prescribed.

(i) Road widening undertaking in the format prescribed.

(j) NOC from Defense Authority (In case of sites within 500m from the

boundary of defense areas/military establishments.

(k) NOC from Airport Authority of India (AAI) in case the sites falls within

the restricted zone of airport.

6. Sites not eligible for Regularisation:

(1) Encroachment on Government land owned by either State or Central

Government or any PSU of State/Central or any Public Authority.

(2) Land for which the applicant has no title;

(3) Surplus land declared under Urban Land Ceiling /Agriculture Land

Ceiling/ lands resumed under the Andhra Pradesh Assigned Lands (POT)

Act, 1977.

(4) Plots affected under alignment of any proposed road, sites earmarked as

Open Spaces/Recreational Use Zone / Water Body under Master Plan / Zonal

Development Plan / Road Development Plan or any other public

roads/Mass

Rapid

Transportation

System

(MRTS)

/Bus

Rapid

Transportation System (BRTS).

(5) Lands notified or acquired under the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

and the Land Acquisition Act, 1894 for public purpose.

(6) All water bodies, including defunct / abandoned as per the Supreme Court

orders.

(7) Within the Highest Flood Level (HFL) of river course, nala, Gedda and

within the Full Tank Level (FTL) of any lake, Pond, Cheruvu or Kunta.

(8) The water bodies and courses shall be maintained as recreational/Green

buffer zone, and no layout development activity other than recreational use

shall be carried out within:

(a) 50 meters from the boundary of the major rivers within the limits of Local

Authorities. The boundary of the river shall be as fixed and certified by the

Irrigation Department and Revenue Department.

(5)

(b) 30 meters from the FTL boundary of Lakes/Tanks/ Kuntas of area 10Ha and

above/other than major rivers.

/ shikam lands;

(d) 9 meters from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of

width more than10m.

(e) 2 meters from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of

width up to10m.

(9) In case of prohibited areas along the sea coast, the Coastal Regulation Zone

Regulations shall be followed.

(10) In case of sites in the vicinity of oil/gas pipelines, clear distance and other

stipulations of the respective authority shall be complied with.

(11) Sites falling within 30 meters from the Railway boundary.

(12) The land below the electrical tower line to a width of base and 10 meters on

either side.

(13) Plots/Sites allotted by the Government/Public authorities for specific

purpose.

(14) Sites under legal litigation/ disputes regarding ownership.

(15) Vacant plots blocking access to surrounding lands which do not have any

other means of access.

(16) Open Spaces earmarked in any approved or regularised layout.

(17) Quarry Sites/Marshy Lands/Water logged areas which are not fit for

building construction.

(18) Sites allotted by the APIIC/Government for specific purpose.

(19) All Assigned Agricultural lands.

Norms to be insisted for Regularisation:

The Competent Authority shall ensure the following minimum norms:

(1)

The unapproved layout seeking Regularisation shall be a contiguous piece of

land.

(2)

Any layout for Regularisation shall have access through a public road or gain

access from a public road through a passage over which the applicant has the

right to access.

(3) (a) The abutting road width for any plot within the layout shall be minimum 9

meters or as specified in the Master Plan. In case, required road width is not

available the road shall be widened by taking equal depth of site on both sides

and applicant shall handover the same to the local body through undertaking.

(b) In case of weaker section layouts, the road width shall be minimum 6

meters.

buffer zones based on the requirement.

(4)

In case of application for regularization in which some of the plots are unsold

and vesting with Developer/Land Owner, 14% open space of such unsold plots

shall be handover to the local body through the registered gift deed.

(5)

Shall ensure overall connectivity and integration with surrounding

infrastructure and road pattern.

(6)

Where an unapproved layout site is affected in the Statutory Master Plan road

network, the Sanctioning Authority shall retain the alignment in the said

layout and if not feasible, he/she is authorized to suitably modify the

(6)

alignment with the prior approval of Competent Authority within the layout

site but deletion of road is not allowed.

(7)

The layout pattern as far as possible shall be retained ipso facto and only in

exceptional cases like need for connectivity, integration with surrounding

network, etc. modifications may be considered by the Competent Authority.

8. Scrutiny by the Competent Authority:

(1) For Regularisation of Unauthorised Layout Pattern:

The regularisation of layout patterns can be done by the Competent Authority in two

cases.

(a) On receipt of application from the layout owner / Society / Association in

which some of the plots were already sold.

(b) Layouts identified and prepared suo-moto by Sanctioning Authority.

through sanctioning authority the concerned Competent Authority shall

scrutinize applications with respect to the following parameters:

(i) The sanctioning Authority has to prepare layout plans as existing on

ground or collect from different sources along with the copy of layout

plan, name of the revenue village, survey numbers or ward numbers,

town survey numbers, and its extent along with specific

recommendations to the concerned Competent Authority within

Thirty (30) days from the date of notification of these rules for in-

principle approval of layout pattern.

(ii) Upon receipt of application specified in rule 8(1)(a) and (b), the details

of unapproved layouts, the Competent Authority shall accord in-

principle approval for layout pattern and communicate to the

sanctioning authority within Fifteen (15) days who shall immediately

notify all such layouts duly inviting objections and suggestions on the

layout pattern by giving a time period of Fifteen (15) days.

(iii) After expiry of time period, all the objections and suggestions

received, if any, shall be examined and shall finalise the layout

pattern. If any changes are proposed to the in-principle layout pattern,

the sanctioning authority shall consult Competent Authority to

confirm the same. The scrutiny of the single plot regularisation shall

be done accordingly.

(iv) Regularisation of unapproved layout framework will not automatically

regularise the individual plot in the layout. The individual plot

owner/promoter (in the case of unsold plots) shall apply for

regularisation of his/her plot/plots separately.

(v) In case of applications which are found to be not in accordance with

these rules, orders shall be issued for rejection.

(vi) The Sanctioning Authority shall forward the copy of the in-principle

approved layout framework to the registration department for entering

the details of the open spaces and roads in the prohibitory property

watch register.

(vii) Mere submission of application will not imply the approval of the

application.

(2) Regularisation of Individual Plots:

(a) The individual plot in a layout shall be scrutinized with reference to the in

principle approved layout pattern.

(7)

(b) The scrutiny of application and communication of its approval or rejection

shall be intimated to the applicant as early as possible but not beyond Six (6)

months from the last date of receipt of applications.

9. Regularisation Charges

(1) Penalization Charges: Applicable for all plots

(2) Open space Charges: Applicable for plots where Open space is not available

(3) Conversion Charges: Applicable for plots falling in Master Plan land uses other than the

uses under Recreational/Water bodies /Master Plan roads/Open Space/ Quarry

Zone/Marshy lands

Penalization Charges

The applicant shall pay the fees and charges as detailed below:

(a) Penalisation charges are fixed based on plot size and value of the land.

For smaller plots and lower value plots the charges are fixed at lower

rates.

(b) Penalisation charges are inclusive of betterment charges, development

charges and layout scrutiny charges, penalty and any other fee/charges

as shown in Table –I

penalization charges as mentioned above and shall be calculated based

on the land value prevailing as on 01.08.2019 as shown in Table –II

Table I

Basic Penalization Charges

Table II

Actual Penalisation charges with reference to

land value

Plot Area in Sq.

Mts

Basic

Pro-rata

Penalization

Charges in Rs per

Sq.mt

Less than 100

200

101 to 300

400

301 to 500

600

Above 500

750

Basic Value of the land

as on 01.08.2019 (as per

Sub- Registrar) in Rs

per sq.yard

Actual

Penalisation

Charges (% of

basic

penalization

charges)

Below 3000

20%

3001 to 5000

30%

5001 to 10000

40%

10001 to 20,000

50%

20,001 to 30,000

60%

30,001 to 50,000

80%

Above 50,000

100%

Proportionate Open Space Charges

(a) In addition to the penalization charges, the applicant shall pay 14% of

the plot value (Basic Value of the land as on 01.08.2019 as per Sub- Registrar)

towards open space charges if 10% open space is not available.

(b) However, if part of the required 10% open space area is available in

the layout then such available area shall be deducted in the calculation of

open space charges. Such open spaces shall invariably in the possession of

urban local bodies.

(8)

charges calculated above shall be applicable.

Conversion Charges

(a) In cases where an application is received in a site that is contrary to

the land use stipulated in the statutory plan, the Competent Authority

can regularize the same except those specified in Rule 6 by levying the

necessary Change of Land Use (CLU) charges.

(4) Charges specified in these rules are inclusive of the normally leviable charges.

Therefore, ULBs/UDAs shall not collect any other charges other than the

charges specified in these rules for issue of regularisation order for the

plot/layout.

10. Applicant shall pay minimum of 50% of penalization charges along with application.

However, in any case it shall not be less than Rs.10,000/-

11. Incentives

Applicant can avail certain incentives as follows;

(1) If applicant pays full amount within Forty five (45) days from the date of notification

of these rules, an incentive of 10% on penalization charges will be considered.

(2) Similarly, if the applicant pays full amount after Forty five (45) days and before

Ninety (90) days, from the date of notification of these rules, an incentive of 5% on

penalization charges will be considered.

Note: Incentive will not be applicable on open space and conversion charges

12. Rejection:

In cases of rejection, the amount paid shall be refunded to the applicant after retaining Rs.

10,000/- towards scrutiny and processing charges. In case of bonafied error, in calculation, the

excess amount paid shall be refunded.

13. Failure to come forward for regulation of unapproved layouts/plots:

Where an application is not filed for regulation of unapproved layout/plot, the

following consequences have to be faced by the plot owners:

(1)

Such unapproved layouts/plots would be treated as continuing offence

and exemplary penalty as per law would be levied.

(2)

Electric power, water supply, drainage and sewerage will not be allowed to

such plots

(3)

Such unapproved layouts shall be recorded in the Prohibitory property watch

shall be allowed in such sites.

(4)

No building approvals shall be considered by the building sanctioning

authority in such unapproved layouts/plots.

14. Amount levied kept in separate account:

(1)

The amount collected under these rules shall be kept and maintained in a

separate account.

(2)

The amount so collected shall be shared between Development Authority and

Gram Panchayats, Nagar Panchayats, Municipalities, Corporations, concerned

in the ratio of 50:50.

(9)

15. The amount collected towards open space charges shall be utilized for the purpose

for which it is collected.

16. The proceeds arising from the regularization are exclusively utilized for capital works leading to

revenue generation for the concerned UDAs/Local Bodies, helping them to become self-

sustaining.

17. Appeal:

(1) Any applicant aggrieved by an order passed by the Sanctioning Authority, may

prefer an appeal to the following Appellate Committee within thirty (30) days

from the date of receipt of the order.

(a)

Commissioner and Director of

Municipal Administration

Chairman

(b)

Director of Town & Country

Planning

Member Convener

(c)

Engineer-in-Chief, (Public Health)

Member

(2) The appeal shall be referred to the Director of Town & Country Planning who

shall examine the same duly obtaining detailed remarks from the concerned

Sanctioning authority.

(3) The sanctioning authority shall submit the detailed remarks within Fifteen (15)

days.

(4) All the appeals shall be disposed off within Forty five (45) days from the date

of receipt of appeal.

(5) The decision of the appellate committee shall be final.

18. The expenditure incurred for development and maintenance of Software and supporting man

power shall be met from the penal amount collected under this scheme and the Director of Town

& Country Planning shall take necessary action accordingly.

19. The Government may issue guidelines to operationalise these Rules as deemed fit.

20. All existing Rules, Regulations, Bye laws and orders that are in conflict or inconsistent with these

rules shall stand modified to the extent of the provisions of these rules.

J. SYAMALA RAO

SECRETARY TO GOVERNMENT

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[PART-I