Objective. - The Government of Andhra Pradesh
pursuant to the enactment of Andhra Pradesh Capital Region Development
Authority Act, 2014 (Act No.11 of 2014) has notified the Andhra Pradesh Capital
Region and Andhra Pradesh Capital City. The Government has also named the
capital city as "Amaravati". Some lands within the notified
Andhra Pradesh Capital Region have been acquired by, vested in or are belonging
to the Andhra Pradesh Capital Region Development Authority (APCRDA). 1.1. These Rules may be called the Amaravati Land
Allotment Rules, 2017. 1.2. These Rules shall apply to the lands acquired
by, vested in, or belonging to the Andhra Pradesh Capital Region Development
Authority within the Amaravati Capital Region Area. 1.
In these rules , unless the contest otherwise regarding,- (a)
"Act" means
Andhra Pradesh Capital Region Development Authority Act, 2014. (b)
"Allottee" means
an individual or person including a group of individuals under Indian
Partnership Act, 1932 or Limited Liability Partnership Act, 2008 or a Hindu
Undivided Family, or an Institution registered under the Societies Registration
Act of 1860 or the Andhra Pradesh Societies Registration Act, 2001, or a body
corporate incorporated under the Companies Act, 1956 or under the Companies
Act, 2013 or under any Act of Indian Law, established for the purpose of
service/business/industrial activity to whom any land is allotted by any of the
methods stipulated in the rules by the Authority. (c)
"Allotment" Price
means the land value arrived at as a result of a specified selection method of
allotment or as a percentage of Base Price for the purpose of final allotment
to the Allottee. (d)
"Applicant" means
an individual or person including a group of individuals under Indian
Partnership Act, 1932 or Limited Liability Partnership Act, 2008 or Hindu
Undivided Family, or an institution registered under the Societies Registration
Act of 1860, or the Andhra Pradesh Societies Registration Act, 2001, or a body
incorporated under the Companies Act, 1956 or under the Companies Act, 2013 or
under any Act, who is eligible to and has made an application in the prescribed
format for allotment of land. (e)
"Authority" means
the Authority defined under the Andhra Pradesh Capital Region Development
Authority Act, 2014. (f)
"Amravati
Capital City Area" shall mean the Capital City Area as defined under
section 2(6) of the Act. (g)
"Intending
Lessee" means an Applicant who is intending to enter in to an
agreement of lease with the Authority for the purposes mentioned by the
Authority along with the fulfillment of such terms and conditions that may be
imposed by the Authority from time in connection with that purpose. (h)
"Intending
Buyer" means an Applicant who is intending to enter in to an
agreement of sale with the Authority for the purposes mentioned by the
Authority along with the fulfillment of such terms and conditions that may be
imposed by the Authority from time in connection with that purpose. (i)
"Land" means
the land or any parcel thereof which is acquired by, vested in, or belonging to
the Authority and depending on the context also means the land allotted under
these Rules. (j)
"Lease,
Lessor, Lessee" have the meanings assigned to them under section 105
of the Transfer of Property Act, 1882. (k)
"Plot" means
land or part of land set apart for development and/or forming part of the
sanctioned or draft development plan or a scheme prepared by the Authority and
includes the construction there on. (l)
"Base" Price
means the value of the Land arrived at by the Authority and as declared by the
Authority from time to time. (m)
"Reserve
Price" means the land value fixed as percentage of Base Price for different
land use types and locations. (n)
"Process
Fee" means a non-refundable fee, which shall be payable by each
applicant at the time of filing the application for allotment of land or
obtaining any approvals thereon, as decided by the Authority from time to time. (o)
"Tier
1" Infrastructure means the urban infrastructure required at the city
level for the purpose of enabling further development of large extents of land
within the city and includes infrastructure such as flood protection/management
works, access roads, city expressways, arterial roads, water supply mains,
water treatment plants, waste water treatment plants, big electric
sub-stations, mass rapid transit and so on. (p)
"Tier
2" Infrastructure means the urban infrastructure required within a
medium to large land parcel capable of being further sub-divided, in order to
enable building construction, development and occupation and includes
infrastructure such as collector roads, street roads, water distribution lines,
sewerage pumping stations, smaller electric sub-stations and so on. 2.
All other capitalized terms and expressions used and not defined in the
Rules have the meanings assigned to them in the Act. Interpretation In these Rules, Regulations and Standing Orders,
the use of the present tense includes the future tense, the masculine gender
includes the feminine and the neutral gender, the singular includes the plural
and the plural includes the singular. The word `Person' includes a Corporation,
Council, Authority, Body, Organization, Institution, etc. as an individual.
Writing includes printing and typing and `Signature' includes thumb impression
made by a person who cannot write if his name is written near to or just above
such thumb impression. Authority shall be guided by the objectives of
revenue maximization; economic development; social development; and the
infrastructure development or any combination of these, while allotting the
Land. 4.1. Base Price : The Authority shall
declare a Base Price for the land or for any part thereof from time to time. 4.1.1. Base price shall include all the costs incurred or to be incurred
by the Authority in procuring and developing the land including cost of
developing infrastructure on the returnable land. These costs are including but
not limited to the provision of the Tier 1 Infrastructure, Tier 2
Infrastructure, the financing costs etc. and shall be determined in the manner
provided in the Regulations and/or Standing Orders made by the Authority in
this regard. 4.2. Reserve Price : The Authority shall declare from time
to time the Reserve Price of land or part thereof for various types of usage of
the land in the manner prescribed in the Regulations and/or Standing Orders in
this regard. 5.1. Selection Method : The Authority
taking cognizance of the factors such as category of the Allottee, objective of
allotment, land use, the socio-economic outcomes of the allotment and so on
shall allot the land by any of the following methods: 5.1.1. Nomination including by suo moto application by
applicant. 5.1.2. Quality Based Selection. 5.1.3. Quality cum Price based Selection. 5.1.4. Public Tender including e-Tendering. 5.1.5. Public Auction including e-Auction. 5.1.6. Randomized Selections (such as draw of lots). Provided that Authority may with the prior approval
of the Government allot land in any other manner in furtherance of the
objectives of these Rules and/or the Act. 5.2. "The Authority shall by framing
appropriate Regulations and/or Standing Orders establish the detailed procedure
regarding each of the above methods of allotment of land." 5.3. Committees : The Authority may
constitute committees as provided under sub-section (1) of section 8 of the
Andhra Pradesh Capital Region Development Authority Act and through Regulations
made in this regard to advise it on the method of allotment to be adopted and
the price to be charged. In the event of any conflict, the provisions under
sub-section (1) of section 8 of the Act shall prevail over the Regulations made
thereto. 5.4. Public Notice : Lands to be
allotted by any of the methods mentioned in sub rule 5.1 above, except by the
method of `On Application and/or by Nomination' shall be so allotted by
preparing market brief/marketing brochure and by giving a Public Notice as
prescribed under the Act, about the land including its description, area,
usage, Reserve Price, earnest money deposit, crucial dates, milestones or any
other details that seems necessary or appropriate under the Act. Also such
details of the land shall be made available to the general public on the
website of the Authority. 5.5. Decision Making : The applications
received for allotment of the Land shall be approved at the relevant level
after scrutiny of such applications as specified in the Regulations and/or
Standing Orders from time to time. The detailed procedure regarding the
approval process shall be outlined in the Regulations and/or Standing Orders
prescribed by the Authority from time to time. 5.6. ?Land
shall be allotted with base Floor space index as determined by the Authority. 6.1. Arrangement : The Authority shall
allot the land on leasehold basis for up to 99 years or on freehold basis. The
Authority shall frame Regulations with prior approval of the Government,
describing the terms and conditions of Lease and/or Freehold mentioned in the
Agreement to Lease/Lease Deed/Agreement to Sale/Sale Deed. 6.2. Payment : The Allottee shall pay to
the Authority the Lease Premium or Lease Rental or Sale Price of the land, as
the case may be, in the time period and in the manner provided in the
Regulations and/or Standing Orders from time to time. Any failure of Lessee or Buyer to pay the Lease
Premium or Lease Rental or the Sale Price as agreed under the Agreement to
Lease or Agreement for Sale shall be a breach of such respective Agreement and
the Authority shall be entitled to terminate and resume the Land allotted by
the Authority in accordance with the procedure set out in the Regulations
and/or Standing Orders in this regard. Demarcation of Plots/Lands 7.1. Demarcation of Plots/Lands : The
Authority before commencing the process of allotment shall demarcate the
Plots/Lands to be allotted through the appropriate cadastral survey system and
identify them by assigning a unique number. 7.2. ?After
the execution of the Agreement to Lease/Agreement for Sale or on a specific
order of the Authority, the allotted Plot shall be demarcated, subject to a
variance of 10% or 500 square meters of the allotted extent, before handing
over to the Allottee. 7.3. Variation in demarcated plot : If
due to any reasons, the final area of the demarcated Plot varies by up to 10%
or 500 square metres of the area allotted, then the same shall be dealt as
follows: 7.3.1. If the area is in excess of the above mentioned limits, the same
shall be given to the Allottee on similar terms and conditions as applicable to
the main Plot; and 7.3.2. If the area is less than the above mentioned limits, then the
Allottee shall be entitled to receive back from the Authority the proportionate
amount of the price of the Plot as paid by the Allottee. 8.1. Implementation Period : The
Allottee shall develop the Land allotted to it including achievement of
milestones or phase-wise development, if any, within the stipulated time
period/s mentioned in the Agreement to Lease or Agreement for Sale or sale
deed, as the case may be. 8.2. ?Any
extension in the implementation period may be granted by charging additional
premium in the manner determined by the Authority from time to time. 8.3. ?Additional
Floor space Index, if any, is allowable under the relevant Development
Control/Zoning Regulations or any other Regulations framed by the Authority in
this regard shall also be allowed by the Authority, upon an application made by
the Allottee in writing to the Authority, at such additional Lease
Premium/charges to be determined by the Authority and payable by the Allottee
in accordance with the Regulations framed thereto from time to time. 8.4. Transfer : The Allottee shall not
sell, assign, mortgage, sublet or underlet, or otherwise transfer fully or in
part, the Plot or his interests therein or transfer his possession of the
Plot/Land, to any Person during the subsistence of Agreement to Lease/Agreement
for Sale/Sale deed. However, in case of Leasehold, the Lessee is entitled to
sublease or assign its leasehold interest upon obtaining prior consent in
writing from the Authority and upon compliance of the following conditions to
the satisfaction of the Authority: 8.4.1. Allottee shall pay to the Authority the Transfer Charges, as may be determined
by the Authority from time to time. 8.4.2. Allottee shall ensure that the transferee executes the necessary documentation including but not limited to a Deed of Adherence undertaking to perform
all the obligations under the Lease Deed including the covenant for utilization
of Land solely for the purpose for which it is allotted by the Authority to the
original Allottee. However, such sub lease or assignment shall not absolve the
original Allottee from its obligations under the Agreement to Lease/Lease Deed
and it shall always be directly responsible for the performance of obligations
under Lease to the Authority. 8.4.3. The transferee shall meet the eligibility criteria set out by the
Authority for the original allotment i.e., at least have the same qualifications as prescribed by
the Authority vis-a-vis the original Allottee. Provided that the Authority may in case of lands
demised by Agreement to Lease for certain purposes, prohibit the transfer under
this rule. Provided further that with the permission of the
Authority in writing, the Allottee may mortgage the Plot to: 8.4.4. Central or State Government. 8.4.5. Nationalized Banks. 8.4.6. Financial Institutions duly notified by the Authority from time to time. Subject to the primary condition that the
finance/loan amount received under such mortgage shall be applied only towards
the development of the Plot. The Authority may prescribe such other conditions
for mortgage of Plot by the Allottee under the Regulations issued from time to
time. 8.5. Non-compliance : Any non-compliance
with the terms and conditions of the Agreement to Lease/Agreement for Sale/Sale
deed shall be a breach of such respective Agreement and the Authority shall be
entitled to terminate and resume the Land allotted by the Authority in
accordance with the procedure set out in the Regulations in this regard. 9.1. Temporary Occupation : The
Commissioner may give permission for temporary occupation of the Land for a
period not exceeding three months for holding circus, fair, exhibition,
artistic and spiritual performances, meetings or congregations to which public
or groups of public are permitted to enter free of cost or at nominal cost, on
payment of fee or charges as may be determined by the Commissioner from time to
time. 9.1.1.Commissioner shall also prescribe terms and
conditions pertaining to the permissions such as No Objection Certificate (NOC)
to be given by civic authorities such as Police, Fire department, etc for the
purposes mentioned in Rule 9.1. 9.2. Leave and License basis : Land may
also be provided to the Allottees on leave and license basis for a period not
exceeding eleven (11) years on such terms and conditions as may be decided by
the Authority from time to time. 9.3. Delegation of Powers : The
Authority and the Commissioner may delegate the powers vested in it or him as
the case be, to any other Officer of the Authority. 9.4. ?The
Authority with the prior approval of the Government, or on direction of the
Government may relax any or all of these Rules in special cases, if such
relaxation is in furtherance of the objectives of these Rules and/or the Act.Amaravati
Land Allotment Rules, 2017.
[15th June 2017]
Published vide Notification No. G.O.Ms. No. 228, dated 15th June, 2017
In exercise of the powers conferred by section 18 read with section 130 of the
Andhra Pradesh capital region Development Authority Act, 2014 (Act No. 11 of
2014) the Government of Andhra Pradesh hereby make the following Rules, namely
Amaravati Land Allotment Rules, 2016.
These Rules under sub-section (1) of section 18 and section 130 of the Andhra
Pradesh Capital Region Development Authority Act, 2014, are framed with the
objective of enabling the APCRDA to use and/or allot these lands for the
purpose of development of the capital city of Amaravati. These Rules closely
relate to the integrated development of the capital city and accordingly
provide for allotment of land for various purposes identified in the Master
Plan.