Rules relaxed on the instructions of the Chief Minister
Amended the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam
Applications for the area under the urban local bodies area are to be submitted in the Municipal Corporation and Municipality
Applications for area outside the purview of urban local bodies but falls under the Planning area are to be submitted in the Town and Country Planning Office
Amendment introduces strict provisions to discourage other types of construction on the sites allocated for parking
Collector should do the regular review to avail maximum benefit of this amendment to common people
Chief Minister Mr.Bhupesh Baghel has directed to bring transparency and simplified the rules to regularize unauthorized development in the state. For the same, an amendment has been made to the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam. With the publication of the amended Act, 2022 in the Gazette of Chhattisgarh on July 14, 2022, it has become effective in the entire state. Its rules have also been published on August 02, 2022. After the publication of these rules, now applications are being taken under the new rules. With the implementation of this new rule, the citizens of the state will be able to easily regularise their unauthorized development.
Applications for the area under the urban local bodies will be submitted in the Municipal Corporation and Municipality and applications outside the purview of the municipal corporation and municipality but under the Planning area will be submitted in the Town and Country Planning office. The applicant will have to attach the house papers, photographs of the house, a map of the house made by the architect and a copy of the receipt of the property tax or electricity bill along with the application.
According to the new amendment made in this Act, the responsibility has been fixed for the disposal of the applications coming under the Planning area . Such Village/Special Area Development Authority, which comes outside the urban local bodies, applications will be taken in the regional offices of the TCP department. It will be the responsibility of the Member Secretary to present these applications to the officer responsible for regularization after the verification of papers. Similarly, Municipal Corporations, Nagar Palikas and Nagar Panchayats come under TCP, applications will be taken by the local bodies at these places and submitted before the District Regularization Authority.
For better implementation of the amendment in the Act and to give maximum benefit of this amendment to the public, a regular review will be done by the Collector, Urban Body Officer, or Town and Country Planning Officers.
With the increasing population and increasing number of vehicles in the cities, traffic problems have also increased in cities and to address these problems, the state government has amended the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 with very strict provisions to ensure proper parking arrangments in urban areas. The purpose of these provisions is to discourage other types of construction on sites in which a permit has been given for parking only and also to ensure that the parking system works smoothly. These amendments in the Act have been made according to the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam (Shanshodhan), 2022. According to the provisions made in this amendment, relief has been given to the appellants to deposit rent for a maximum period of one year during the pendency of the appeal, whereas earlier they had to regularly deposit the monthly rent during the pendency of the appeal.
Provision has been made in the Act that if an application is received for regularisation of authorised development that has been constructed on a plot/site reserved particularly for parking, then regularisation will be only allowed if the applicant has paid the prescribed additional penalty for causing the unavailability of parking.
According to the issued notification, clause (e) of sub-section (2) of section 4 in the principal Act is substituted by the words “the officer-in-charge of the district / joint director/deputy director / assistant director of Town and Country Planning department”. A provision has been made in clause (iv) (a) of the Act to grant permission for the deviation of land use other than the prescribed by levying an additional penalty of 5 per cent on the rate of land as per the existing collector guidelines.
Provision has been made in the Act for such unauthorized development/construction which came into existence before January 01, 2011, for which building permit/development permit is approved, or such unauthorized buildings, for which regular property tax has been paid to the concerned local body at the rate prescribed by the government, in such buildings, if parking is not available as per the Chhattisgarh Bhumi Vikas Rules, 1984 or the town planning of the city concerned, regularisation of the building for parking use will be permitted after payment of the additional penalty amount as per the levied rules. Under this rule, if the parking area has been reduced up to 25 per cent then a penalty of Rs.50 thousand for each car space, if reduced between 25 per cent to 50 per cent then a penalty of Rs. 1 lakh for each car space, if reduced between 50 to 100 per cent then a penalty of Rs.2 lakh for each car space has to be paid. Provision has been made in the Act for such unauthorized development/construction which came into existence after January 01, 2011, for which building permit/development permit is approved, or such unauthorized buildings, for which regular property tax has been paid to the concerned local body at the rate prescribed by the government, in such buildings, if parking is not available as per the Chhattisgarh Bhumi Vikas Rules, 1984 or the town planning of the city concerned, regularisation of the building for parking use will be permitted after payment of the additional penalty amount as per the levied rules. Under this rule, if the parking area has been reduced up to 25 per cent then a penalty of Rs.50 thousand for each car space, if reduced between 25 per cent to 50 per cent then a penalty of Rs. 1 lakh for each car space has to be paid. Clause (iv) states that parking near residential and non-residential areas shall be calculated in such a way that the minimum area available for parking in the residential area up to 500 square meters of the constructed area will be zero based on ECS, whereas if the constructed area is more than 500 sq meters then minimum area available parking will be 50% as per ECS. The minimum area available for parking in non-residential areas up to 500 sq meters of the constructed area will be zero based on ECS whereas, if the constructed area is more than 500 sq, then the minimum area available for parking will be 50 per cent as per ECS.
The provision under clause (c) states that in every case of unauthorized development of such non-profit social institutions, which have not been established to earn a profit, the penalty shall be payable at the rate of 50 (fifty) per cent of the estimated amount. As per the provision laid down in Rule 39 of the Chhattisgarh Bhumi Vikas Rules, 1984, due to the unavailability of the wide road, regularization can be done in case it does not affect the existing activities.
Further, clause (iii) of sub-section (1) of section 7 of the principal Act has been omitted. In sub-section (2) of section 9 of the principal Act, the words ” the appellant must deposit the monthly rent of unauthorized development regularly, as decided by the authority, during the pendency of the appeal, ” are replaced with the words, “the appellant must deposit the monthly rent of unauthorized development, payable for a period not exceeding one year, as may be decided by the authority, during the pendency of the appeal.” This provision will be effective on all pending and new cases.
In sub-section 3 of section 9 of the principal Act, the words “Provided that the appellant shall regularly deposit the monthly rent for the unauthorized development, as decided by the authority under this Act during the pendency of the appeal.” are substituted with “Provided that the appellant shall regularly deposit the monthly rent for a period not exceeding one year for unauthorized development, as decided by the authority under this Act during the pendency of the appeal.”. It will be effective on all pending and new cases.
