Rules have been relaxed on the instructions of the Chief Minister,
amendments have been made in the Chhattisgarh Regularization of Unauthorized Development Act,
within the limits of the urban body, the Municipal Corporation, the Municipality and the investment area outside the limits can be made in the Municipal Investment Office, applications
for parking in the new rule Strict Provisions: To discourage other construction on the sites earmarked for parking and to maintain the parking system smoothly,
the collector will do regular review to ensure maximum benefit of this amendment to the general public
Raipur, 10 September 2022
Chief Minister Shri Bhupesh Baghel has given instructions to bring transparency and simplification in the rules to regularize irregular construction works in the state. In the same line, amendment has been made in the Chhattisgarh Regularization of Unauthorized Development Act. 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 02 August 2022. After the publication of the rules, now applications are being taken under the new rules. With this new rule, the citizens of the state will get relief and they will be able to get the construction works regularized easily.
Applications will be submitted in the Municipal Corporation and Municipalities within the limits of the Municipal Corporation and outside the limits of the Corporation, Municipality and in the office of the Municipal Investment Department inside the investment area. 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 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 investment sector. Such Village/Special Area Development Authority, which comes outside the urban body limits. There applications will be taken in the regional offices of the city or village investment department. It will be the responsibility of the Member Secretary to present these applications to the officer responsible for regularization after the verification test. Similarly, Municipal Corporations, Nagar Palikas and Nagar Panchayats which come under investment area. Applications will be taken by the local bodies at these places and placed before the District Regularization Authority.
For better implementation of the amendment in the Act and to give maximum benefit of this amendment to the general public, regular review will be done by the Collector, Urban Body Officer, Town and Village Investment Officers.
It is noteworthy that in view of the increasing population of cities, increasing number of vehicles and increasing traffic problems, the state government has now made stringent provisions by amending the Chhattisgarh Regularization of Unauthorized Development Act 2002 to ensure parking in urban areas. The purpose of these provisions is to discourage other construction on the sites earmarked for parking and to maintain the parking system smoothly. These amendments in the Act have been made according to the Chhattisgarh Unauthorized Development (Regulation) Bill 2022. Through this amendment, relief has also been given to the appellants. They will now have to pay rent for a maximum period of one year during the pendency of the appeal, whereas earlier they had to pay regular rent.
Provision has been made in the Act that if the authorized development has been done on a plot/site reserved for the prescribed parking, then the regularization will be allowed only after the application has paid the prescribed additional penalty for lack of parking.
According to the issued notification, by substituting clause (five) of sub-section (2) of section 04 of the principal act of Chhattisgarh Unauthorized Development Act, 2002 in the Bill, the officer in charge of the district / joint director / deputy director / assistant director of town and village investment department has been done. In clause (four) (a) of the Act, a provision has been made to levy additional penalty of 5% of the existing collector guideline rate for the land of that area for changing the use of land other than the prescribed purpose.
It has been said in the Act that 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 property tax has been paid in the concerned local body at the rate prescribed by the government. In such buildings, if parking is not available as per the Chhattisgarh Land Development Rules, 1984 or the development plan of the city concerned, then on paying the following additional penalty for parking, the building can be regularized in such a way that in the parking lot. In case of reduction of 25%, a provision of rupees fifty thousand has been made for each car space, rupees one lakh for each car space above 25 percent and up to 50 percent, rupees two lakh for each car space above 50 percent and up to 100 percent. According to the new provisions, such unauthorized development/construction which came into existence on or after January 01, 2011, A provision of one lakh rupees has been made for each car space above 25 percent and up to 50 percent. Clause (IV) states that commutative parking shall be calculated in such a way that the minimum area available for parking in residential area up to 500 square meters will be zero on the basis of per car space (ECS), whereas if the parking area is more than 500 sq. The minimum area available for this will be 50% on Per Car Space (ECS) basis. The minimum area available for parking in non-residential areas will be zero on per car space (ECS) basis whereas in case of more than 500 areas, the minimum area available for parking will be 50 percent on per car space (ECS) basis.
The provision states that (c) in every case of unauthorized development of such non-profit making social institutions, which have not been established for the purpose of earning profit, the penalty shall be payable at the rate of 50 (fifty) percent of the estimated amount. Will happen. As per the provision laid down in Rule 39 of the Chhattisgarh Land Development Rules, 1984, due to non-availability of road width, regularization can be done in case the existing activities at the site do not affect any public interest.
