Jharkhand Gazette, No. 781, 14 October 2019

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THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

19Aashwin, 1941(S)

No. 781

Ranchi, Friday, 11th October, 2019

Urban Development & Housing Department

NOTIFICATION

27th September, 2019

File No.-06/(TCPO)/-05/2017- 4014 In exercise of the powers conferred under section-590 of Jharkhand Municipal Act, 2011 as amended on recommendations of duly notified committee, the Government of Jharkhand do hereby notify the Scheme For Regularization Of Unauthorized Constructions, 2019 enclosed as Annexure-X.

By the order of the Governor of Jharkhand,

Ajoy Kumar Singh,

Secretary to Government

Urban Development & Housing Department2 Jharkhand Gazette (Extraordinary), Friday, 11th October, 2019 3 Jharkhand Gazette (Extraordinary), Friday, 11th October, 2019 4 Jharkhand Gazette (Extraordinary), Friday, 11th October, 2019

(Built Area)

(a) Up to maximum FAR Rs. 200 per square meter of builtup area

(b) Beyond maximum permissible area Rs. 500 per square meter

(c) In case of regularization of construction undertaken in respect of the plot size up to 100 square meters with maximum built up area of 150 square meters, a lump sum compounding fee of INR 20,000 shall be charged.

SCHEME FOR REGULARIZATION OF UNAUTHORIZED

RESIDENTIAL CONSTRUCTIONS, 2019

Preamble:-

Where as in exercise of the powers conferred by section-434of Jharkhand Municipal Act, 2011, the State Government has notified the Jharkhand Building Bye-laws, 2016 for regulating the development/building construction activities in the State.This Bye-law is applicable in all Regional Development Authorities, All Urban Local Bodies, Mineral Area Development Authority and all Industrial Area Development Authorities of the State.

Regional Development Authority and other Local Bodies have been finding it difficult to meet the increasing demand for residential sites. There is high number of unauthorized constructions on urban land. Such constructions not only increase a tendency to violate rule of law, but also cause extra pressure on civic amenities and disrupt the process of town planning & management. The unauthorized constructions which already have come up over the years cannot possibly be demolished and any demolition would not only amount to wastage of National Wealth but may in some cases also create law and order problems. In this background an act "Jharkhand Regularization of Unauthorized/Deviated Constructions through Regularization Fee in Urban Areas Act, 2011" was enacted.Due to some provisions in the Act, a large number of potential beneficiaries could not take advantage of this opportunity.

Keeping in view the above points, it is felt necessary to give one more (second time)opportunity for regularizing the unauthorized constructions within the framework of standards prescribed for structural stability and planning norms, so as to bring all such development within regulatory framework of development authorities/ULBs and thereby reducing the risks arising out of unregulated development.

Now, therefore, in exercise of the power given under section 590 (1) of the Jharkhand Municipal Act, 2011 the State Government do hereby make scheme to regularized unauthorized residential construction in the following scheme namely:—

Section-1. Short Title and Commencement:

1.1 This Scheme may be called the Scheme For Regularization Of Unauthorized Residential Constructions, 2019.

1.2 It shall come into force from date of its notification by the State Government.Applications shall be received within 06 (six) months and shall be disposed of within 09 (nine) months from the date of its notification.

1.3 It is applicable in Urban Area.

Section-2. Definitions:

2.1 In this Act, unless the context otherwise require,

2.1.1 "Application Fee" means the cost of the prescribed form for regularization of the building.

2.1.2 "Building Fee" means the building fee described in the Prevailing building Bye-laws.

2.1.3 "Competent Authority/Authority" means a Competent Authority working as an institution as notified by the State Government for the area concerned as Regional Development Authority or Urban Local Body throughout the State.

2.1.4 "Construction" means any permanent structure, which includes any building whether of masonry, bricks, wood, mud, metal or any other construction materials whatsoever;

2.1.5 "Law" means any Act, Ordinance, Order, Bye-Laws, Rules, Notification, Planning or all documents which are relevant to this Act.

2.1.6 "Master Plan" means defining the various zones under the jurisdiction of any Urban Local Body or Local Authority into which the development area of it is to be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stage by which any such development shall be carried out and duly confirmed by the State Government.

2.1.7 "Regularization Fees" means the fees decided in the scheme for regularization of Unauthorized Construction.

2.1.8 "Tribunal" means an Appellate Tribunal working in Ranchi Regional Development Authority (RRDA), Ranchi.

2.1.9 "Unauthorized Residential Construction" means residential constructions undertaken in without any approval/sanction of the Competent Authority prior to 31-12-2018.

2.1.10 "Urban Area" means

2.1.11.1 Any area within the limits of Municipal Corporation, Municipal Council, Nagar Panchayat, Notified Area Committee, Municipality and any other agency/authority assigned such types of work by the State Government under Jharkhand Municipal Act, 2011, Jharkhand Regional Development Authority Act, Jharkhand Mineral Area Development Authority Act and other relevant Acts as amended from time to time.

2.1.11.2 Any such area, as may be declared by the State Government by notification.

Section-3. Unauthorized Residential Construction:

3.1 An unauthorized residential development shall not be regularized under this scheme (section-4) in the case where it is carried out on any of the following lands namely;

3.1.1 Land belonging to State/Central Government/PSUs, local authority or statutory body or land in respect of which a dispute exists in relation to its title or tenure.

3.1.2 Land allotted by the State Government, local authority or statutory body for a specific purpose;

3.1.3 Water courses as well as sources and water bodies like tank beds, river beds, catchment area of river, natural drainage and such other places;

3.1.4 Land under alignment of roads/streets/pathways indicated in development plan or a town planning scheme or under alignment of a public road or an internal road, of approved lay out;

3.1.5 Areas earmarked for the purpose of obnoxious and hazardous industrial development.

3.1.6 Where construction has taken place on lands transferred in contravention of the provision of CNT/SPT Acts.

3.1.7 Where construction has been undertaken over public/private road and on the alignment of the natural drainage channel, public open space, green belt identified by the Development Authority/ULB.

3.1.8 Where the plot does not have any authenticated access/approach road to the plot.

3.1.9 The building or part thereof as staircase, steps, ramp, septic tank etc. constructed on road or government lands by way of encroachment.

Section-4. Regularization Scheme

(A)

4.1 "Pre constructed building" constructed prior to 31-12-2018 shall be regularized, provided it does not influence the notified Master Plan of the place directly or indirectly.

4.2 The application under this scheme shall be received only within a period of 06 (six) months from the date of notification of this scheme.

4.3 The buildings with unauthorized constructions once regularized under this scheme shall not be considered for further regularization. Building regularized the earlier regularization scheme shall not be considered under this scheme.

4.4 The scheme is applicable where the plot owner has a clear title deed and construction made is structurally safe and does not affect any public interest or interfere with any public authority.

4.5 The regularization of the building will not confirm any right, title and interest over the land.

(B) Relaxation of Planning and Building Norms for regularization of built up area up to 500 sqm.

maximum of a residential building:-

Section-5. Regularization Rate

5.1 The scheme shall be intended to provide one more time opportunity to the concerned for regularization on payment of the regularization fee, at the rate of mentioned below.

5.2 Those applicants who have applied for regularization under earlier scheme of the Govt. and their application have not been taken up due to various reasons, the fees deposited at that time in that ULBs/Development Authorities shall be counted for new application on production of receipt.

5.3 Rates for regularization of residential buildings would be following:-

(a) Up to maximum FAR Rs. 200 per square meter of builtup area11 Jharkhand Gazette (Extraordinary), Friday, 11th October, 2019 (b) Beyond maximum permissible area Rs. 500 per square meter

(c) In case of regularization of construction undertaken in respect of the plot size up to 100 square meters with maximum built up area of 150 square meter, a lump sum compounding fee of INR 20,000 shall be charged.

5.4 For houses, constructed before inclusion of those areas in any authority or houses constructed before constitution of new urban local bodies,regularization would not be mandatory.

However, houses constructed before inclusion of those areas in any authority or for houses constructed in areas falling under newly notified urban local bodies, the owner may go for regularization for which he or she would have to pay a notional amount of Rs. 500/- only as processing fee.No regularization fee would be charged for regularization under this category.

However,it would be mandatory to get approval of map for any new construction as required under JBBL after inclusion of that area in existing ULB/Authority or ULB/Authority under process of creation.

Section-6. Application Procedure

6.1 The intending house owner may apply in the prescribed Form-A format with the documents as described in Jharkhand building Bye-laws, 2016 as amended along with his/her own photograph and photographs of two sides of the constructed building under this scheme within 06 (six) months from the date of notification of this scheme.

6.2 Any person who intends to get the unauthorized constructions regularized under this Scheme shall apply to the concerned Development Authority/ULBs in Form-A accompanied with application fees as well as regularization fee prescribed in the scheme with the following documents, namely:

6.2.1 Four copies of building plans as per actual construction at site showing site plan, floor plan, four side elevations, drainage and sewerage disposal plan, etc. duly signed by the house owner and the Technical person e.g.Architect/Town Planner, Engineers/Draft man.

6.2.2 Copy of ownership document of land;

6.2.3 Copy of Electricity bill or Water Charge bill or Holding Number.

6.2.4 Affidavit in Form-B regarding peaceful possession of the land and construction undertaken at site;

6.2.5 Photograph of the building from two angles duly signed by the applicant and attested by the concerned Architect/Town Planner/Engineer/Draft man with date;

6.2.6 Site inspection report duly signed with date by the applicant and the concerned Architect/Town Planner/ Engineer/Draft man.

6.2.7 Certificate of structural safety in Form-C;

6.3 All other provisions of application procedure as per the JBBL, 2016 as amended shall apply, mutatis mutandis.

Section-7. Fee:

7.1 Application fee:- The following fees shall be paid to Competent Authority for regularization of unauthorized residential construction

7.1.1 (Applicant of Economically Weaker Section) In the case of buildings not exceeding 50 sq. mtrs. plot area - No fee

7.1.2 Residential Building upto 100 sq. mtrs. plot area - Rs. 10012 Jharkhand Gazette (Extraordinary), Friday, 11th October, 2019 7.1.3 All other buildings as per building bye-laws - Rs. 200

7.2 Regularization fee:- The application shall be accompanied by self-assessed Regularization fee as per the rates specified in section-5.3. The Regularization fee shall be deposited with concerned authority in one instalment only in the form of bank drafts drawn in any nationalized bank in the name of concerned Authority.

Section-8. Appeal:

Any person aggrieved by the decision under the scheme may file appeal within a period of 30 days to the Appellate Tribunal and decision of the tribunal shall be final.

Section-9. Miscellaneous:

9.1 The permission to regularize the unauthorized residential construction will not confer any right, title and interest over the land or plot.

9.2 The unauthorized residential constructions once regularized under this Scheme shall not be considered for any regularization in future.

9.3 The Authority reserves the right to initiate proceedings against unauthorized residential constructions under the scheme where the cases cannot be regularized under this Scheme.

9.4 In case of building where no arrangement for rain water harvesting system exists, the authorities while regularizing shall direct the applicants to make such arrangement in maximum 6 months' time frame from date of regularization.

9.5 These provision would be over and above the provisions contained in Jharkhand Building Bye- law, 2016 and would be valid only for the period of this regularization scheme.

Section-10. Removal of difficulties:

10.1 Regularization of unauthorized residential construction under this scheme shall be without prejudice to any civil or the criminal liabilities to which a person may be subjected to any law.

10.2 If any difficulty arises in giving effect to the provisions of this scheme, the Urban Development & Housing Department may, by notification, make such provisions as appear to be necessary or expedient for removing the difficulty.

10.3 Provisions of this scheme shall have effect, notwithstanding anything contrary to any law in force for time being.

Section-11. Penalties:

11.1 In the event of misrepresentation or/and suppression of facts by the applicant, regularization fee shall be forfeited and the permission for regularization so issued shall be revoked.

11.2 In the event of non-compliance to the observation of the authority, the application shall be rejected.

FORM A

[See Section-6 (6.1)]

APPLICATION FOR REGULARISATION OF UNAUTHORISED CONSTRUCTION OF BUILDING WITHIN(DEVELOPMENT AUTHORITY/ULBs) NAME ………………… PLACE…………

(FORM TO BE FILLED IN BY THE APPLICANT IN BLOCK LETTERS)

FOR OFFICE USE REGISTRATION NO :

NAME: FEES REALIZED IN RS. : PRESENT POSTAL ADDRESS (I) SCRUTINY FEE: (FOR CORRESPONDENCE) DRAFT NO. &DATE

(II) COMPOUNDING FEE: DRAFT NO. &DATE:

Tel. No:

To

Affix recent photograph of the applicant with signature on the body ofthe photograph

Name of the Authority/ULBs. ________________ ________________

Sir,

I/We hereby apply for regularization of unauthorizedresidential construction as mentionedbelow:

• Name of the applicant : • Applicant's interest in land with • record-of-rights : Owner:________ Power of attorney:______ • Plot No. : • Mouza : • Revenue Thana : • Area in Sq. Mtrs. : • Nature of Ownership(Lease hold) : • Approach road : Private: _______ Public:________ • Road width : • Whether connected to

Existing public road : Yes: ______ No:______

• Height of the existing building : • Documents/plans furnished

1. Copy of the ownership document :

2. Copy of Electricity bill or Water Charge bill or

Holding Number :

3. Affidavit (in the Form-B) :

4. Photographs of the building from twoangles

existing at the time of application,signed by

the applicant and attested by theTown

Planner/Architect/ Technical Persons (Engineer,

Draft man) with date :

5. Structural Safety Certificate (in Form-C) :

from a Structural Engineer or competent

technical persons (Architect,

Town Planner :

6. Deposit details:

(i) Application fees: (ii) Regularization fee:

Total Amount in Rs._____________________ Bank Draft No. __________________Drawee Bank/Branch:______________________________ Date: Signature of the Architect/Town Planner Signature of the applicant(s) Technical Person (Engineer/Draft man)

Place: Name: Name: Registration No. of ULB/ Postal address: Postal address: Development Authority, Tel No./Mobile No. Tel No./Mobile No. In case of an Architect, CoA Registration no.:

FORM B

[See Section-6 (6.2.4)]

AFFIDAVIT

(To be sworn by the applicant)

I/We _____________________________________________________ aged _______ years, son/daughter/wife of Shri/Smt._________________________________ of town__________________________ P.S. ______________________ Dist. _______________ do hereby solemnly affirm as follows :

1. That I/We have obtained a plot/building by way of purchase/lease/gift/family partition/court decree from ___________________________ of town ______________________________ vide deed No. ______________________ Dt. _____________ the details of which are given in the schedule below.

SCHEDULE OF PROPERTY

Name of the Mouza :

Plot No. :

Khata No. :

Revenue Thana no. :

Area :

BOUNDED BY (Please mention plot numbers/road)

Eastern side : Western side :

Northern side: Southern side:

2. That from the date of acquisition, I/We am/are in lawful and peaceful possession over the above plot.

3. That I/we have not constructed the building or any part thereof beyond my/our legally owned land.

4. That I/We have not encroached any Govt. land or any other land abutting or contiguous to my aforesaid land.

5. That the plan submitted for regularization is exactly as per the actual construction at site.

6. That the information furnished in the application form and documents submitted along with the application are correct.

7. That the restrictions imposed in section-3 of the scheme are not applicable to this proposal.

8. That I/We undertake the responsibility of structural safety/vetting of structural design of the building and _____________Development Authority/ULBs shall in no way be held accountable for anystructural failure of the building.

9. That in the event of any suppression and/or misrepresentation of facts in the application, the Authority has got every right to refuse the permission/revoke the permission and forfeit the fees deposited by me/us and I/We shall be liable for criminal prosecution.

Identified by : DEPONENT16 Jharkhand Gazette (Extraordinary), Friday, 11th October, 2019

FORM C

[See Section-6 (6.2.7)]

STRUCTURAL SAFETY CERTIFICATE

This is to certify that I/We have checked the structural stability of the existing _____________storey building constructed over the plot no. _____________ Mouza ________________. The existing construction of the building is structurally safe as per the provision of the National Building Code of India taking into account the safety factors especially foroverall stability of the structure.

Date : Signature with seal of Structural Engineer/Technical Persons (Architect/Town Planner):

Place : Name :

Regn. No. (In case of an Architect CoA Registration no.): Office postal address:

Ph. No./Mobile No. :

Signature of the applicant(s)

Name:

Postal address:

Tel No./Mobile No. :

Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 781-- 50.