Urban development department, Government of Gujarat issues notification on Impact fee
Gandhinagar, 18 February, 2012
The government of Gujarat has issued a notification on Impact fee. A new notification brings into effect the Gujarat Regularisation of Unauthorized Development Bill-2011 (Impact Fee Bill). The state government had yesterday promised the Gujarat High Court to bring such bill before 20th of this month.
As per the immediate detail available through Urban development ministry, the Impact fee will be collected on the basis of 2008 Jantri.
While for residential constructions impact fee will be collected at 20% rate of Jantri, for commercial constructions it will be considered at maximum 60% rate.
The implementation period will be considered into effect post 20th February. The applicants will have to apply within 6-month time before Chief Officer of Municipality or Commissioner of Municipal Corporation.
The state government has fixed a cut-off date, March 28, 2011 in the law passed in assembly. Illegal structures raised after this date will not be regularized.
According to the first draft of bill passed in the assembly, following are the major points:
-Fund raised through implementation of new law will be known as ‘Infrastructure development fund’.
-An applicant can file application six months after notification of new law is issued.
-Appointment of Structural Engineer will be compulsory to check whether the construction is strong or not.
-Those living in flat or society will not be able to file application individually.
-Land without N.A will be liable to fetch ‘No due’ certificate from Collector office.
-All cases in High Court about lacking of parking facility, fire safety will cease to exist once new law comes to effect.
-All residential and commercial constructions, those construction that have not violated FSI, those constructions that have not come up over government land or reservation land, all constructions without change of purpose of government land on lease to be benefited by new law.
-Those constructions that lack fire safety system will not be regularized.
-Impact fee law will be effective for three years. Cut of date will be counted from day of notification issued.
-Parking arrangement will have to be done finding alternate way within 500 meter distance, or committee will find alternative charging fees.
-Constructions on acquired land for road, canal or other development projects will not be regularized.
-Constructions on Water stream, lacks, rivers, dangerous industrial areas will not be regularized.
-Only Ahmedabad has five lakh illegal constructions. The state has 25 lakh such constructions impacting lives of one crore people.
-While previous law on Impact fee was covering only Municipal Corporation areas in the state, the new law will be effective in all cities of the state.
-Amount of fees will be decided in future.
-The law covers regularization of land that are lacking of N.A.
-Applicant will be able to file application within six months of notification. Within 18 months of the date of application construction will be regularized. If it is not regularized, an applicant will be able to file appeal before an official. An applicant will not be allowed to go to court.
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