Raipur, 11 July 2022
Governor Ms. Anusuiya Uikey has signed the Bill introduced to amend the Chhattisgarh Regularization of Unauthorized Development Act 2002 (No. 21 of 2002). According to the Chhattisgarh Regularization of Unauthorized Development (Amendment) Bill, 2022, clause (five) of sub-section (2) of section 04 of the Chhattisgarh Regularization of Unauthorized Development Act 2002 (No. 21 of 2002), sub-section (v) of section 6 of the principal Act 1), sub-section (1) of section 7 of the principal Act, sub-section (2) of section 9 of the principal Act and sub-section (3) of section 9 of the principal Act have been amended.
In the Bill, by substituting clause (five) of sub-section (2) of section 04 of the Principal Act of Chhattisgarh Unauthorized Development Act, 2002, the officer in charge of the district / joint director / deputy director / assistant director of the city and village investment department has been made. In clause (four) (a) of the Act, a provision has been made to levy additional penalty of 5 percent of the existing collector guideline rate for the land of that area for changing the use of land other than the prescribed purpose. Provision has been made in the Act that if unauthorized development has been done on a plot/site reserved for the prescribed parking, then regularization will be allowed only when the applicant has paid the prescribed additional amount for lack of parking.
It has been said in the Act that such unauthorized development / construction which came into existence before 01.01.2011, for which building permission / development permit is approved, or such unauthorized buildings, for which payment of property tax at the rate prescribed by the government in the concerned local body. In such buildings, if parking is not available in accordance with the Chhattisgarh Land Development Rules, 1984 or the development plan of the city concerned, then on payment of additional penalty for parking, the building can be regularized in such a way that the parking Fifty thousand rupees for each car space, more than 25 percent and up to 50 percent, one lakh rupees for each car space, more than 50 percent and up to 100 percent, two lakh rupees have been made for each car space. . According to the new provisions, such unauthorized development / construction which came into existence on or after 01.01.2011, 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 the 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 the project 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. According to 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.
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 “during the pendency of the appeal, the appellant shall regularly deposit the amount of monthly rent for unauthorized development, as may be determined by the authority”. in place of the words “the appellant shall regularly deposit the amount of monthly rent for unauthorized development, payable for a period not exceeding one year, during the pendency of the appeal, as may be determined by the authority.” This provision will be effective on all pending and new cases.
In section 9 of the principal Act, for the proviso to sub-section (3), the following shall be substituted “Provided that during the pendency of the appeal, the appellant shall pay the amount of monthly rent of unauthorized development as may be prescribed by the authority under this Act.” shall make deposits regularly for a period not exceeding one year, as may be prescribed by the It will be effective on all pending and new cases”
