Gujarat governor O P Kohli has approved an ordinance passed by the Cabinet last week to regularise nearly 75,000 residential encroachments on urban land vested with the state government in five cities under the provisions of the Urban Land Ceiling and Regulation Act, 1976 (ULCR Act). This will allow the government to issue a notification enforcing the legislation, along with its rules, shortly. Sources said that the Governor gave his approval to the ordinance Tuesday. The five cities covered under the ordinance are Ahmedabad, Surat, Vadodara, Rajkot and Jamnagar.
Under the provisions of the ULCR Act which was repealed in 1999, around 1.49 crore sq m land was vested with the Gujarat government as surplus land.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, there were encroachments on around 52.80 lakh sq m land. with residential structures on nearly 33.88 lakh sq m.
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 to the size of the encroached plot up to 70% of jantri rates. Those who have encroached upon plots over 251 sq m will have to pay 100% of the jantri rates. Those who want to regularise their residential structures on the land vested with Gujarat government under the provisions of the ULCR Act will have to submit their applications within three months of the date when the new legislation will be notified.
Owner of such regularised property will not be able to sell it off till 15 years. The limitation cap of time put for regularisation of such property is May 31, 2016, which means a person having possession of residential property on encroached land till that date can apply for its regularisation by producing ID proofs like electricity bill and ration card.