Bill to regularise unauthorised constructions passed in assembly

Gujarat assembly today passed seven bills including a bill to regularise unauthorised constructions.

The Gujarat Regularisation of Unauthorised Construction Bill, 2011, was passed unanimously with Congress party’s support.

“Several lakhs unauthorised constructions have cropped up in various parts of the state in contravention of building laws, and demolition was not the solution to this problem, so we proposed to regularise the unauthorised constructions of specific nature through this bill,” Urban Development Minister Nitin Patel told the House.

“The Government shall be appointing a designated authority, which on payment of fees, shall pass an order for regularising the unauthorised development.”

“The rules for floor space index (FSI) of such constructions shall be also be framed,” he said.

“The Bill also empowers the Government to frame a scheme for regularisation of the transactions of the lands for which the previous permission of the Collector has not been obtained,” Patel said.

“The Government shall notify the fees payable under this Act and mode of calculation for the regularisation of any unauthorised development,” the Minister said.

However, the unauthorised constructions on government land, river beds, water bodies, areas earmarked for hazardous industries and buildings found inconsistent with fire safety norms, will not be regularised, he stated.

-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.

-Constructions standing before notification issued will get benefit of new law.

-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.