Reworked regularisation policy favours coloniser
The final draft of the reworked policy for regularisation of unauthorised colonies has been readied, and according to Tript Rajender Singh Bajwa, the minister for housing and urban development, the draft will be submitted for the approval of the cabinet in its next meeting.
The state government started working on a revised regularisation policy after it got no response from colonisers of illegal colonies to the regularisation policy notified in April earlier this year. Consequently, the proposed policy part ways from the earlier in major ways.
While the April policy stipulated that the applications for regularisation of plots will be considered only after regularisation of the colony in which the said plot falls, under the proposed new policy, this has been done away with.
Under the revised policy, the final draft, copy of which is with Hindustan Times, the colonisers and individual plot owners can now apply for regularisation independently, which was the case in policies made before the April 2018 policy.
FINAL DRAFT OF THE REVISED POLICY BRINGS IN MAJOR CHANGES WITH UNLINKING OF REGULARISATION OF COLONIES AND PLOTS
FROM BUILT-UP TO SOLD AREA
In the reworked policy, the categorisation of colonies has been done on the basis of sold area. In the April notified policy, illegal colonies were notified on the basis of built-up area. In the draft proposed, there are four categories of colonies. While the four categories in both the old and revised policies are on the basis of the built-up area, there has been changed made in the first three categories of colonies in the reworked policy.
The unauthorised colonies under the draft policy has been categorised into following four groups - (a) Where up to 25% of the plots are sold, (in earlier policy it was – where up to 25% of the plots are built-up), (b) where above 25% to 50% of the plots are sold (earlier, it was – where above 25% to 50% plots are built-up), (c) where above 50% of the plots are sold (where above 50% of the plots are built-up), and (d) special provisions for exceptional colonies with more than 75% of the plots built-up (same as earlier notified policy).
There is also a change in the documents to be submitted with the regularisation application. The “full and final payment agreements to sell on stamp paper” has been done away with, and in its place “sale agreements on stamp paper” and “power of attorney” has been included as proof of ownership.
In the reworked policy, the road to the colony under category (a) shall be as per the prevailing rule. In the April policy, the approach road to the colony in category (a) was not be less than 22ft and space was to be reserved for it to be widened in future. In other categories also, similar relaxations has been given to colonisers.
Under the proposed policy, a new condition, that is, the area under parks shall not be less than 5% has been inserted.
CONDITIONS FOR REGULARISING UNSOLD PLOTS
Under the revised policy, a coloniser of the unauthorised colony will be allowed to regularise plots of his left out stock if he fulfills certain conditions.
He will have to submit 50% of the inventory of unsold plots at the time of application, which can be considered for regularisation only after the submission of application for regularisation of his colony along with 10% payment of the composition fee for regularisation of the colony.
Next 25% of the inventory of the unsold plot will be considered for regularisation only after the 50% payment of the composition fee for regularisation of the col- ony. Remaining 25% of the inventory of the unsold plot will be considered after the final regularisation of the colony on payment of 100% charges.
In the earlier document, the unsold area was to be used for providing basic amenities and green areas.
In the reworked policy, 35 % reservation has been dropped and replaced with 3% area to be reserved for parks and 250 sq yard to 500 sq yard for public utilities. For above 50% category, 250 sq yard to 500 sq yard has been reserved for public utilities.
DEFINITIONS TWEAKS
The definition of the ‘plot holder’ has been changed in the reworked policy. Under the proapproach posed policy, ‘plot holder’ means a person who holds the title to a plot through a registered sale deed or power of attorney or sale agreement or any other legally valid document as per draft.
Earlier, ‘plot holder’ was defined as a person in whose name the plot is registered with a registered sale deed prior to the April 1, 2013.
A new definition of ‘sold’ has been introduced. It means sale by way of registered sale deed or through power of attorney or through sale agreement or through lease in case of commercial built-up.
When asked about the relaxations made in the proposed policy in favour of the colonisers, Bajwa said, “The policy aims to resolve the issue of illegal colonies, and efforts have been made so that common residents of these colonies can benefit the most. The policy has been reworked after taking into consultation different stakeholders across the state.”
Describing the earlier notified policy as impractical, Gurwinder Singh Lamba, general secretary, Punjab Colonisers and Property Dealers Association, said, “The revised policy takes into account the interests of all stakeholders. If there are some relaxations for colonisers then some conditions on them have also been made harsher.”
Singh had attended the meeting of group of ministers during the deliberations on revised policy.