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Now, you can legalise your illegal construction

DNA   |  Feb 19, 2012, 03:53AM IST

Gandhinagar: Finally, as promised to the Gujarat high court, the Gujarat government on Saturday issued notifications for regularisation of unauthorised constructions in the state.

The notification fixes rates of fees for regularisation of all kind of construction in the state. All municipal commissioners of the various municipal corporations, chief executive officers of the urban development authorities, and the chief officers of the area development authorities will be the nodal authorities for the execution of the regularisation work.

There are about 25 lakh unauthorised constructions in the state, out of which around 5 lakh are in Ahmedabad alone. The notification will bring relief to nearly one crore people in the state.

The state urban development minister Nitin Patel said, "Millions of people will benefit from this move, after the Gujarat Regularisation of Unauthorised Development Act 2011 comes into effect. After paying the decided fee, people can regularise their unauthorised constructions. They will just have to apply to the designated authorities in their areas."

The minister said, "The concerned authorities will have to verify applications. Then, they will ask applicants to pay the applicable fees which he has to deposit within a month."

"The notification for regularising the unauthorised constructions in the state by way of charging impact fee shall come into effect from February 20," Patel said.

We bring you an easy-to-understand bifurcation of the rates

if the unauthorised construction is on the ground, (ground coverage):

l a. 35% of the jantri for residential use.

l b. 60 % of the jantri for non-residential use.

If the unauthorised construction is the built up area of any floor including cellar (not the ground coverage):

l a. 20% of the jantri for residential use.

l b. 40% of the jantri for non-residential use.

If the height of the building is unauthorised:

l The built-up area for which the height exceeds more than approved or approvable the fees will be 10% of the jantri rates of the land.

Unauthorised construction on the common plot

l a. For the built-up area for which the use is changed with respect to as approved or approvable, the fees will be 100% of the jantri rates of the land. The change may be permitted with the consent of the occupants or owners, who share interests through an approved layout or shared ownership.

Change of use other than mentioned in the approved plan

l Fees will be calculated as per 40 % of the jantri rates of the land.

Deficit parking space

l The fees for deficit parking area, decided by the committee shall be at 1.5 times the jantri rates for deficit parking area, which does not exceed 25% of the required parking or 100 sq. mtrs, whichever is less or as decided by the committee in other cases.

If the unauthorised construction falls under other than the mentioned categories

l The decision in such cases will be taken by the state government in general or specific order.

l In cases, where no permission has been granted earlier, the portion of the unauthorised construction, which is permissible under the prevailing GDCR, the fees shall be calculated at 25% of the rates mentioned in the above categories and for the remaining portion, which is not permissible, it shall be calculated at the rates mentioned in the categories above.

For Example: If anybody has done construction on 150 sq. metres of land without taking any permission from the authorities, all 150 sq metres construction is considered unauthorised. But while considering it for the regularisation purpose, if the construction of 100 sq. metres is falling under the approvable plan as per the GDCR, the fees for the regularisation of 100 sq. metres will charged at 25% of the jantri rates of the land for construction falling under particular categories mentioned above. The rest 50 sq. meters of unauthorised construction will be charged as per the above mentioned categories.


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