Section 3   [ View Judgements ]

Regularisation of Gunthewari developments

(l) All Gunthewari developments existing as on the 1st January, 2001, shall, on an application being made in this behalf by the plot-holder, to the Planning Authority, as provided in section 4, be eligible for being considered by the Planning Authority for regularisation:

Provided that, Gunthewari developments existing in the following areas shall not be eligible for regularisation, namely :-

(a) Mumbai Metropolitan Region as established under sub-section (1) of section 3 of the Maharashtra Regional and Town Planning Act, 1966;

(b) Scheduled Areas, declared as such by the President of India by an order under paragraph 6 of Schedule V of the Constitution of India;

(c) forests to which the Forest (Conservation) Act, 1980 applies;

(d) Coastal Regulation Zone as declared under clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986;

(e) Eco-Sensitive Zones or Ecologically Fragile Areas as declared under section 1 and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986;

(f) Hill Stations as notified by the State Government;

(g) Special Tourism Areas, declared as such, by the Central or State Government :

Provided further that, the Gunthewari developments in respect of the following categories of plots and buildings shall also not be eligible for regularisation, namely :-

(a) plots formed and transferred after the 1st January, 2001;

(b) plots existing on lands under acquisition for a public purpose;

(c) plots existing on lands where the provision, or to which the extension, of civic services is not technically feasible or financially viable;

(d) plots or buildings (or parts thereof), posing hindrance in the provision of infrastructure facilities and change in the plans for such facilities to enable the said plots or buildings (or parts thereof), to continue to exist is not feasible;

(e) plots or buildings (or parts thereof) which, in the opinion of the State Government or the Planning Authority, ought not to be regularised, -

(i) in the public interest; or

(ii) because of the matter being sub-judice; or (iii) as the same is barred by court decisions or orders.

(2) The regularisation of any Gunthewari development shall be subject to the following general conditions, namely :-

(a) In the layout, ten per cent., of the plots shall vest in the Planning Authority, free of cost :

Provided that, such plots are unsold and unbuilt;

(b) Wherever necessary, open marginal spaces shall be surrendered, to achieve a road-width of nine meters or required Development Plan road width in the areas of a Municipal Corporation, a Special Planning Authority and a New Town Development Authority and four and half meters or required Development Plan road width in other areas;

(c) It shall not be the responsibility of the Planning Authority to provide alternate plots or otherwise compensate plot-holders displaced or affected by any development or rectification carried out in the process, or for the purpose, of regularisation and upgradation of Gunthewari developments;

(d) The regularisation of any Gunthewari development shall not confer any title or claim in respect of the land or building not already enjoyed by its holder prior to such regularisation.

(3) The regularisation of Gunthewari development shall also be subject to the prior payment of compounding fee and development charge, as may be determined by the State Government, from time to time :

Provided that, the Stale Government may, authorise the Planning Authority to determine the compounding fee or development charge or both, in the area of its jurisdiction.

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