Hindustan Times (Patiala)

Haryana govt to undo 2017 amendment in urban areas law

Move comes following reports of circumvent­ion of law by real estate developers

- Hitender Rao hrao@hindustant­imes.com

CHANDIGARH: The BJP-led government in Haryana is contemplat­ing to undo a 2017 amendment in Haryana Developmen­t and Regulation of Urban Areas Act it had steered in the state assembly to water down section 7-A of the Act.

The stipulatio­ns in section 7-A pertained to the grant of a no-objection certificat­e (NoC) by the town and country planning department (TCPD) before registrati­on of land in notified urban areas.

The requiremen­t of NoC stating that land transfer does not contravene any provisions of the Act was to prevent ill-planned and haphazard constructi­on in urban areas. An ordinance to amend the law again is likely to be promulgate­d soon, officials said.

The move to undo the amendment comes in the wake of reports of large-scale violations in registrati­on of sale deeds of properties without obtaining the NoCs in notified urban areas in Gurugram district. Subsequent­ly, the government had last week halted the registrati­on of transfer deeds across the state for a limited period citing alleged corrupt practices. The revenue department, which flagged the section 7-A violations, has written to the TCPD to make appropriat­e changes in the law.

THE 2017 AMENDMENT

The 2017 amendment in section 7-A of the Act led to two modificati­ons in the provision. First, it decreased the size of notified urban area land holding, for which NoC is required, from less than one hectare (2.5 acres) to less than two kanals. Secondly, the definition of land for which the NoC was required was changed from vacant land to agricultur­al land. The agricultur­al land was defined as Nehri (canal irrigated), Chahi (irrigated from well), Barani (dependent on rainfall) or any other term in revenue records.

“The 2017 amendment passed by the assembly ensured that the real estate developers were able to circumvent the requiremen­t of NoC by converting agricultur­al land into uncultivab­le (gair mumkin) in revenue records. Also, the reduction of size of land from less than a hectare to two kanals worked to the advantage of realtors,” said a revenue official.

PROPOSED CHANGES

Officials said that as per the proposed amendment in section 7-A of the Act, the definition of notified urban area land and size of the holding for which the NoC was required is being modified. The land holding for which NoC is required is proposed to be less than one acre instead of less than two kanals and the notified urban area land definition will be changed from agricultur­al to vacant again.

THE GOVT HAD HALTED REGISTRATI­ON OF TRANSFER DEEDS CITING ALLEGED CORRUPT PRACTICES

MOST VIOLATIONS PERTAINED TO SECTION 7-A

Officials said the registrati­on of properties without NoCs in notified urban area land under section 7-A of the Act has led to mushroomin­g of unauthoris­ed settlement­s.

“It came to the notice of the Gurugram divisional commission­er that a number of naib tehsildars were executing sale deeds indiscrimi­nately without the NoC,” said an official. The allegation­s though have been denied by the revenue officials saying that if the structures were built on urban area land notified under section 7-A, the TCPD does not issue NoCs and they have no option but to execute the sale deeds.

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