By Accommodation Times News Service
The state has announced its plan to appoint a committee headed by a retired judge of the Supreme Court to study the technical and legal complexities which is been faced by properties governed by the Urban Land (Ceiling and Regulation) Act 1976, which was repealed some 9 years ago.
This panel will pave the way for removing the clause that makes reserving 20% of the land on each plot governed under the Act for affordable and low-cost housing, according to officers from the urban development department.
Stating on the issue Chief Minister Devendra Fadnavis told that lower house that properties governed under the Act are facing very many complications as the Act was repealed but section 20 is still in force. When the land holders moved the court to repeal section 20, the High Court ruled in their favor while the Supreme Court ruled against them.
Currently, 5% of the houses built on the 20% of the land parcel are surrendered to the government, while the cost of the remaining 95% of the houses is decided by the government. The landholders are exempted from the Act in lieu for the houses on 20% of the land parcels. Fadnavis said as there was no uniform framework to deal with cases related to the properties that were originally developed under the law, they are tackled on a caseto-case basis. “Many societies developed under the ULC years ago need to be redeveloped, but the Act does not have a provision for additional FSI, which is imperative for revamp. The department is not ready to take any bold decision in accordance with the Supreme Court orders,” Fadnavis said.
He admitted in the absence of a policy, the officers dealing with these matters tend to harass the owners.