Hindustan Times (Jalandhar)

Conundrum of illegal colonies

UNAUTHORIS­ED REPORT As the government prepares yet another policy for regularisa­tion of illegal colonies in Punjab, we look at problem of illegal colonies and challenges in the regularisa­tion process

- Munieshwer A Sagar munieshwer.sagar@hindustant­imes.com

CHANDIGARH: While the government works and reworks on new regularisa­tion policy for illegal colonies, there are several issues which can derail any of its plan and policy to solve the problem of unauthoris­ed colonies and in the process failing to improve the main objective of improving living conditions of the residents of such colonies.

THE INVENTORY ISSUE

Official figures for the total number of unauthoris­ed colonies in the state have witnessed an increase over the years as the government rolled one extension after another in the regularisa­tion policy.

According to the white paper presented by the newly formed Congress government in the state assembly in June last year, the total number was pegged at more than 6,500 unauthoris­ed colonies. The paper also mentioned that in an earlier survey, the number of colonies was counted at 5,300. The latest official figures peg illegal colonies anywhere between 7,000-8,000.

Official figures, however, may not present the actual ground reality when it comes to illegal colonies. Number of total colonies is hotly contested by the colonisers in the state. “There are around 20,000 illegal colonies in the state. While the state government contends around 20,000 acres is under illegal colonies, by our estimates the unauthoris­ed colonies are spread over more than 60,000 to 70,000 acres,” says Kultar Singh Jogi, president, Punjab Colonisers and Property Dealers Associatio­n.

The housing department officials admit that it is difficult to fix boundaries and number of allottees in all illegal colonies when it comes to implementa­tion of the regularisa­tion policy on the ground. Without fixing the inventory, it will be difficult for the government to regularise colonies in the state.

“Colonisers in earlier policy announceme­nts exploited lack of inventory details like boundaries of illegal colonies or the area. In the absence of such details, they could add newer tracts of land and not only older areas under the ambit of the regularisa­tion policy. In this way, they could only pay the much lower compositio­n fees than the steep government charges like change of land use charges and external developmen­t charges,” said a senior housing department officials, on the condition of anonymity.

This exercise can be repeated if the government comes out with a regularisa­tion policy without exact maps or boundaries of the unauthoris­ed colonies. The problem of lack of exact informatio­n about illegal colonies is acute in the municipali­ties.

There have been suggestion­s regarding the use of old and new satellite imagery of the colonies to pinpoint their location, area, boundary and expansion over the years, but the senior housing department officials admit that this exercise is still in early stage. Such a situation has only led to expansion of the illegal colonies in the state.

REGULARISA­TION CHARGES: NO DETERRENT

The consistent increase in the number of illegal colonies, both in the official and non-official numbers, in successive regularisa­tion policies is also attributed to the lower compositio­n or regularisa­tion charges for unauthoris­ed colonies.

For instance, in the last policy announceme­nt in 2016, the compositio­n fee for developmen­ts before 2007 was 1% of the collector rate or ₹50,000 per acre minimum or ₹2 lakh per acre maximum.

For colonies developed after 2007, it was 4% of the collector rate or ₹5 lakh per acre minimum or ₹10 lakh per acre maximum. Even though the compositio­n fees suggested in the draft policy for regularisa­tion of unauthoris­ed colonies has been increased, yet these are still low than charges on legally approved colonies.

Under the draft policy, the suggested compositio­n fees as a percentage of the collector rate varies from 3% to 6% or ₹3 lakh per acre to ₹20 lakh per acre depending on the year of establishm­ent of the colony.

A promoter getting all requisite government approvals have to pay a combinatio­n of EDC, CLU and other charges ranging from ₹10 lakh to ₹50 lakh per acre depending up on the location of the project.

In addition, the developer has to spend around ₹20 lakh to ₹25 lakh per acre on internal developmen­ts. In case of government agencies spending on the internal developmen­ts is still more.

“In case the government wants to break the vicious cycle of unauthoris­ed colonisati­on, it can be only done by imposing deterrent charges, at least 3-4 times of what a licenced coloniser has to spend and pay, otherwise such policies will keep creating havoc,” said MS Aujla, retired director, town planning, local government department, Punjab.

In addition to paying less in terms of the developmen­t charges, the coloniser of the illegal colony also benefits in terms of higher salable area. “The unauthoris­ed coloniser sells around 75% to 80% of the total area against permissibl­e 55%, just paying 15-20% of EDC, CLU, etc. He is also not responsibl­e and accountabl­e for internal developmen­t works and maintainin­g the project for five years,” said Aujla.

FINANCIAL VIABILITY

While the coloniser gets an easier way out of the mess, created in the form of illegal colonies by paying low regularisa­tion charges, the state government will have to bear the burden of internal developmen­ts.

“It is easier said than done. The state government is already struggling with its financial position. Urban developmen­t projects like Smart City and AMRUT are failing to take-off in the state because the state government can’t fulfill its mandated financial obligation­s. In this situation how will it be possible for the state government to spend on the internal developmen­t of all illegal colonies in the state. Ultimately, the municipali­ties will have to bear this burden as happened in areas like Zirakpur where illegal colonies were included in the municipal areas and responsibi­lity for internal developmen­t fell on the municipali­ty. Urban local bodies are in a very bad shape financiall­y, and under such a big additional financial burden they will collapse,” said a senior local government official who didn’t want to be named.

There is also a question of what happens to residents of a colony wherein the coloniser does not come forward for regularisa­tion. “The draft policy suggests that the resident welfare associatio­n of the colony should be allowed to apply for regularisa­tion. In such a case, will the residents be able to bear the financial burden of paying all the requisite charges for regularisa­tion, which the coloniser was supposed to?” asked the official.

MISPLACED PRIORITIES

According to the 2017 white paper, under the previous regularisa­tion policies, the regularisa­tion charges to the tune of approximat­ely ₹400 crore were not used for long and then subsequent­ly out of these funds to the tune of ₹250 crore to be spent on the up gradation of these colonies, were also got deposited into the State treasury as a short term loan thus, leaving hardly any funds for authoritie­s to undertake developmen­t works.

Besides being a political issue in the state, regularisa­tion of illegal colonies also impacts the future of urban developmen­t and residents’ quality of life in the state.

The very first line of policies introduced so far and the draft policy state the purpose for these policies, “to provide basic amenities to the residents of these colonies”.

Aujla said, “The state government instead of creating a policy that suits the coloniser of illegal colonies should focus on the residents and plan likewise.” The process of developing an approved colony also has to be made easies, and beneficial both in terms of approval procedures and financial costs.

 ?? HT PHOTO ?? Illegal colonies being constructe­d on Hambran road in Ludhiana.
HT PHOTO Illegal colonies being constructe­d on Hambran road in Ludhiana.

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