Gujarat govt clears ordinance to regularise residential encroachments

The ordinance will apply to five cities — Ahmedabad, Surat, Vadodara, Rajkot and Jamnagar.

By: Express News Service | Gandhinagar | Published: December 8, 2016 7:17 am

The Gujarat government on Wednesday allowed an ordinance — to facilitate regularisation of nearly 75,000 residential encroachments on land vested with the government under the provisions of the Urban Land Ceiling and Regulation Act, 1976 (ULCR Act) — to be sent to Governor O P Kohli for clearance. The ordinance will apply to five cities — Ahmedabad, Surat, Vadodara, Rajkot and Jamnagar.

The decision in this regard was taken during a state Cabinet meeting, chaired by Chief Minister Vijay Rupani here.
Announcing the decision, Deputy Chief Minister Nitin Patel, in the presence of Revenue Minister Bhupendrasinh Chudasama, said the ordinance will be sent to the Governor within two days. He said that people who have residential property on such land will have to submit their applications within three months of the notification of the ordinance.

Patel said that under the provisions of ULCR Act, which was repealed in 1999, around 1.49 crore sq m land was vested with the Gujarat government as surplus land. Out of that, he added, there were encroachments on 52.80 lakh sq m land, out of which nearly 33.88 lakh sq m land had residential encroachments.

The ordinance proposes to regularise encroachments on 33.88 lakh sq m land where people have built residential structures and which are not sub-judice.

To regularise such houses, people will have to pay a discounted amount decided by the government on the basis of prevailing ‘jantri’ rates (ready reckoner of government rates of land in different parts of Gujarat), which are significantly lower than the market rates.

To regularise an encroachment on land plot up to 25 sq m, the concerned person will have to pay 10 per cent of the ‘jantri’. This regularisation amount continues to increase proportionally Gujarat govt clears ordinance to regularise residential encroachments to the size of the encroached plot up to 70 per cent of jantri rates. Those who have encroached upon plots over 251 sq m will have to pay 100 per cent of the jantri rates.

Calling the decision as “people oriented”, Chudasama said it was taken after representations from people, including the elected representatives. He added that the ordinance was drafted after officials of the Revenue Department conducted a field survey.

Patel said that this was an attempt to facilitate poor people in urban areas who have paid money for the houses, but do not enjoy ownership. “Following regularisation, they will be able to get bank loans on the property and many similar advantages,” Patel said.

“The ULCR Act was meant for poor people and here also we are bringing this ordinance for poor. We are not regularising any encroachment of commercial or industrial nature,” Patel added.
Owner of such regularised property will not be able to sell it off till 15 years.

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