PREAMBLE
In exercise of the powers conferred by Section 13 of the
Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002, the Government
of Chhattisgarh, hereby, makes the following rules, namely :
Rule - 1. Short Title.
These rules may be called "Chhattisgarh
Anadhikrit Vikas Ka Niyamitikaran Niyam, 2002".
Rule - 2. Definition.
(1)
In these rules, unless the context otherwise
requires,
(i)
"Act" means Chhattisgarh
Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002;
(ii)
"Forms" means forms appended
to these rules;
(iii)
"Regularisation Certificate"
means a written document issued by the Authority to the applicant stating that
such development ceases to be unauthorized.
(2)
Words and expressions used, but not
defined in these rules, shall have the same meaning as assigned to them in the Act.
Rule - 3. Application for Regularisation.
(1)
As per the provisions of section 5 of
the Act, a person shall make an application for regularisation of unauthorized
development, to the Authority, in Form-I, within 90 days from the date of
notification of these rules by State Government. The Authority in its
discretion, can extend time limit for 30 days, under special circumstances.
(2)
The timings and the place, where
applications for regularisation will be received from the applicant, shall be
notified by the Authority.
Rule - 4. Matters to be Regularized.
(1)
The authority may regularize any
unauthorized development in respect of following matter, namely,
(i)
Marginal open space
(ii)
Floor Area Ratio
(iii)
Change of land use,
(3)
The green area and play ground
earmarked in the approved layout of colonies, by the Town & Country
Planning Department, will not be regularized under any circumstance.
Rule - 5. Fixation of Penalty.
(1)
For the purpose of deciding the penal
amount to be imposed on any applicant, the area wise market value of the
unauthorized development, shall be fixed by the Authority and represented as
per unit developed area.
(2)
The Calculation of market rate shall
be on the basis of land value per unit area, the construction cost per unit
area, and the development cost per unit area. Thus, the market rate shall be
calculated as follows :-
Market Rate = Land value per unit area + Construction cost
per unit area + Development cost per unit area.
Calculation of development expenditure will be made on the
basis of development made in the surroundings or development works which will
be required to be done, due to regularisation of the unauthorised development.
(3)
Marked value of the land, and
valuation of the construction, shall be done as per Bharatiya Stamp Adhiniyam,
1899 and the rules made thereunder "Moolya Margdarshak Sidhanton Ka Banaya
Jaana Aur Unka Punarikshan Niyam, 2000".
(4)
The Authority shall publish the market
rate so fixed for any area, in widely circulated news paper and display the map
showing the different areas having different categories of rates prescribed by
it.
(5)
(i) For the purpose of deciding the
penal amount in individual cases, the unathorized development may be categorised
into residential and non-residential property on the basis of its purpose and
use.
(ii) The property, which is developed with residential
purposes and is being used for the same, shall be called residential property.
(iii) All other developed properties except those defined
in sub-rule 5(5)(ii), shall be termed non-residential properties.
(iv) In each case, group shall be decided on the basis of
total developed area. Thus, the total of authorised area and unauthorised
developed area of a single building shall be taken into consideration for
deciding as to which group, the case belongs to.
(6)
(i) For the calculation of the penal
amount to be imposed on residential properties, the applicants shall be
classified into either of the four categories on the basis of the area of the
unauthorized development, as in the table.
TABLE
|
S. No.
|
Categories of applicants
|
Area of unauthorised development
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
A
|
Upto 60 square metres
|
|
2.
|
B
|
More than 60 square metres and upto
|
|
|
|
100 square metres
|
|
3.
|
C
|
More than 100 square metres and upto
|
|
|
|
200 square metres
|
|
4.
|
D
|
More than 200 square metres
|
(ii) The Penal amount to be imposed for regularisation of
unauthorized developed property shall be decided on the basis of the percentage
of market rate fixed for the area in which the property is located. The
category wise percentage rate for different matters to be regularised shall be
as given in the table:-
|
S. No.
|
Matters to be regularized
|
Penal amount as a percentage of area wise market rate for different
groups
|
|
|
|
A
|
B
|
C
|
D
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
1.
|
Marginal open space
|
4%
|
5%
|
10%
|
20%
|
|
2.
|
Floor Area Ratio
|
6%
|
7%
|
12%
|
22.5%
|
(iii) If the unauthorized development, has been done along
with deviation in land use as prescribed in the development plan, an additional
penalty for group A 1%, for group B 2%, for group C 5% and for group D 10% of
the regularisation of floor area ratio market rate, shall be imposed on each
category of the applicant as per rule 6 (ii). In those cases where the
applicant provides alternative area, additional penalty will not be imposed on
the applicant.
(7)
(i) For calculation of the penal
amount to be imposed on unauthorised developed properties for non-residential
purpose, the applicants shall be classified into any of the five categories as
given in the table :
TABLE
|
S. No.
|
Group of applicant
|
Area of the unauthorised development
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Group A 1
|
Upto 20 square metres
|
|
2.
|
Group B 1
|
More than 20 sq. mtrs. and upto 60 sq. mtrs.
|
|
3.
|
Group C 1
|
More than 60 sq. mtrs. and upto 100 sq. mtrs.
|
|
4.
|
Group D 1
|
More than 100 sq. mtrs. and upto 200 sq. mtrs.
|
|
5.
|
Group E 1
|
More than 200 square mtrs.
|
(ii) The penal amount to be imposed on the applicant, for
regularisation of non-residential property, shall be calculated as a percentage
of market rate decided for the area in which the property is located. The
percentage rate for different matters to be regularized, shall be as per the
table :
TABLE
|
S. No.
|
Matters to be regularised
|
Percentage market rates for different groups
|
|
|
|
Group
|
Group
|
Group
|
Group
|
Group
|
|
|
|
A1
|
B1
|
C1
|
D1
|
E1
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
|
1.
|
Marginal open space
|
10%
|
12.5%
|
15%
|
17.5%
|
20%
|
|
2.
|
Floor area ratio
|
12.5%
|
15%
|
17.5%
|
20%
|
25%
|
(iii) If the unauthorised development has been done along
with deviation in the land use as prescribed in the development plan, an
additional penalty for group A1 1%, for group B1 2%, for group C1 5%, for group
D1 7%, and for group E1 10%, of the regularisation of floor area ratio market
rate, shall be imposed on the applicant as specified in sub-rule 7(ii). In
those cases where the applicant provides alternative area, additional penalty
will not be imposed on the applicant for that area.
(8)
In case of the Multi-storied
Buildings, the penal amount to be imposed shall be decided on the basis of
categorisation of flats on the basis of its built up area, as follows :
TABLE
|
S.No.
|
Category of
|
Specification area of constructed
|
Penal amount to be imposed
|
|
|
Flats
|
area
|
percentage
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
1.
|
F 1
|
area upto 60 sq. mtrs.
|
4%
|
For each matter of regularisation.
|
|
2.
|
F 2
|
area more than 60 sq. mtrs. and
|
5%
|
|
|
|
|
upto 100 sq. mtrs.
|
|
|
|
3.
|
F 3
|
area more than 100 sq. mtrs. and
|
10%
|
|
|
|
|
upto 200 sq. mtrs.
|
|
|
|
4.
|
F 4
|
area more than 200 sq. mtrs.
|
20%
|
|
If the unauthorised development has been done along with
deviation in the land use as prescribed in the development plan, an additional
penalty for group F1 - 1%, for group F2 - 2%, for group F3 - 5% and for group
F4-10% of the market rate, as specified in sub-rule 8, shall be imposed on the
applicant. In those cases where the applicant provides an alternative area,
additional penalty will not be imposed on the applicant.
Rule - 6. Procedure of Regularisation of unauthorised development.
(1)
The authority shall consider only such
applications for regularisation of unauthorised developments which came into
existence after 1-4-1991 and before the date of notification as per rule 3(i).
The authority shall serve a notice on the applicant, if his unauthorised
development is found fit for regularisation as per provisions of section 7 of
the Act in Form II. Notice should be issued within 90 days of the application
as far as possible.
(2)
The Authority shall pass an
appropriate order under section 6(1)(ii) of Act as far as possible within
thirty days from date of receipt of the objections. Such orders shall be issued
by the Authority in Form-III.
(3)
If a request in writing is made to the
authority to allow the payment in instalments, the Authority may pass such
order as it deems fit, for payment of such penal amount in equal instalments,
not exceeding four in number. The instalments shall be equally spaced and the
first instalment should be before the expiry of one month while the last
instalment should not fall later than one year. An interest @ 10% simple annual
rate, will be charged to the applicant.
(4)
If in a case, the Authority is of the
opinion, that the case is not suitable for regularisation either under the
provisions of section 7 of the Act, or after considering any of the objections
raised, the application shall be rejected and the applicant will be informed,
mentioning the reasons thereof, in Form IV.
Rule - 7. Certificate of Regularisation.
If the Authority is satisfied that the applicant has complied
with the requirements made under these rules, and has paid the penal amount as
laid down in Rule 6 it shall issue a certificate in Form-V along with the plan
and outlay of such regularized development, under its signature and seal of
office, for regularization of such unauthorized development.
Rule - 8. Remittance of Penal Amount Collected.
The penal amount so collected shall be remitted to
Government treasury, in a separate revenue head, specified for this purpose by
the Government.