Heavy penalty for reg­u­lar­i­sa­tion?

The amount charged can be used for putting in place ba­sic in­fra­struc­ture in Delhi’s af­flu­ent unau­tho­rised colonies IM­POR­TANT FIND­INGS OF THE MATHUR COM­MIT­TEE

HT Estates - - NEWS - Van­dana Ram­nani

It is for the first time in NCR t hat c om­mer­cial apar t ments are be­ing of­fered un­der the ban­ner of Best West­ern, which is a US-based ho­tel chain es­tab­lished in 1946. It has over 4,000 ho­tels in more then 100 coun­tries across the globe. The op­er­a­tions of the com­plex will be man­aged by the hos­pi­tal­ity chain. This will trans­late into world-class hos­pi­tal­ity ser­vices to guests along with good re­turns likely for owners of the units re­sid­ing in the com­plex. Here are some salient points of the project:

LO­CA­TION: Sec­tor 95A, Gur­gaon. The Best West­ern Town­suites will be lo­cated within New­town Square, a prime com­mer­cial com­plex lo­cated along the 135-me­tre wide state high­way.

PROJECT FEA­TURES: All ap­provals are in place and con­struc­tion has be gun. The f or mat of the project is mixed- use com­mer­cial with a hy­per mar­ket, an­chor s t ore, mul­ti­plex, f ood court, ban­quet­ing fa­cil­i­ties and apart­ments, all avail­able un­der a sin­gle roof.

FA­CIL­I­TIES: A three­level base­ment car park­ing along with sur­face park­ing is avail­able within the com­plex. The project comes with a spa, a pool and a fitness cen­tre.

WHEN WILL IT BE LAUNCHED? Shortly

WHEN WILL POS­SES­SION BE GIVEN? In 2018

IS IT EARTH­QUAKE RE­SIS­TANT? The struc­tures will be de­signed as per earth­quake-re­sis­tance norms.

I t ’ s a com­mer­cial apart­ment (ho­tel apart­ment) which is a new trend in In­dia

S e r v i c e d by B e s t West­ern ho­tel

Profit shar­ing with all the buy­ers

Ap­prox­i­mately 180 rooms

Lo­ca­tion (very close to Mane­sar in­dus­trial area ) – it is a known fact there is a high con­cen­tra­tion of com­mer­cial ac­tiv­ity, so it is ben­e­fi­cial for cus­tomers At­trac­tive pric­ing Pro­jected re­turn (1421%) ap­prox­i­mately

Best West­ern Town­suites i s l ocated within New­town Square, a prime com­mer­cial com­plex

If the gov­ern­ment moves to reg­u­larise the unau­tho­rised Sainik Farms and Anant Ram Dairy, the rich and the pow­er­ful res­i­dents of both the south Delhi colonies should be charged a heavy penalty. This money can be used to put in ba­sic in­fra­struc­ture over there, ur­ban­i­sa­tion ex­perts have said. The rest of the money can be used for the in­fra­struc­ture de­vel­op­ment of the en­tire city, they say.

“Talk of reg­u­lar­is­ing th­ese af­flu­ent colonies goes to show that the gov­ern­ment is fol­low­ing a dif­fer­en­tial pol­icy where it seeks to de­mol­ish the habi­ta­tion of the poor and es­tab­lish those of the rich,” says Indu Prakash Singh, na­tional con­venor, Na­tional Fo­rum for Hous­ing Rights (NFHR) and pres­i­dent, Fo­rum Against Corruption and Threats (FACT).

The ur­ban de­vel­op­ment min­istry is con­sid­er­ing the op­tion of levy­ing a penalty of 50 to 100 times the es­tab­lished cir­cle rates, es­pe­cially for plots that are over 350 sq m. This will cost res­i­dents sev­eral crores. Th­ese ar­eas fall un­der cat­e­gory A or B where the pre­vail­ing cir­cle rates are 7.74 lakh per sq m and 2.45 lakh per sq m.

Ac­cord­ing to M N Buch, ur­ban plan­ner and ar­chi­tect of mod­ern Bhopal, the best op­tion is to de­mol­ish th­ese ar­eas but if that can­not be done, a penalty should be charged to dis­cour­age peo­ple from car­ry­ing out unau­tho­rised con­struc­tion and the money used to de­velop the city. De­vel­op­ment charges should also be im­posed to pro­vide sewage and other fa­cil­i­ties in the area.

Reg­u­lar­i­sa­tion will also have its prob­lems as “Many houses in th­ese ar­eas are built with­out con­ced­ing an off­set from the bound­ary line of the plot, which would im­pede road widen­ing. For widen­ing, too, ei­ther the gov­ern­ment will have to ac­quire por­tions from mul­ti­ple plot owners, or the plot owners would con­cede it un­der a com­pre­hen­sively drafted lay­out plan. The lay­out plan would have to in­cor­po­rate all the manda­tory pro­vi­sions of phys­i­cal in­fra­struc­ture, so­cial in­fra­struc­ture, ser­vices, ameni­ties and re­cre­ation. Most im­por­tantly, it would have to be a col­lab­o­ra­tive ini­tia­tive be­tween gov­ern­ment agen­cies and res­i­dents,” adds Ramesh Menon of Certes Realty.

The Cen­tre had reg­u­larised 1,939 unatho­rised colonies be­fore last year’s gen­eral elec­tions, but had left out the 17 af­flu­ent colonies. Also, the ur­ban de­vel­op­ment min­istry un­der the UPA had moved a cab­i­net note in 2013 to get an in-prin­ci­ple ap­proval for reg­u­lar­i­sa­tion of Sainik Farms, Ma­hen­dru En­clave and Anant Ram Dairy. This failed to ma­te­ri­alise as the depart­ment had not spec­i­fied the amount of reg­u­lar­i­sa­tion fee.

A com­mit­tee headed by for­mer Delhi chief sec­re­tary K K Mathur then came out with a re­port clas­si­fy­ing the unau­tho­rised colonies: Th­ese in­cluded colonies on pub­lic land where vi­o­la­tions were made by way of en­croach­ment of gov­ern­ment land and con­struc­tion of build­ings with­out sanc­tion of the com­pe­tent au­thor­i­ties. Other colonies in­cluded those on pri­vate land where there vi­o­la­tions had been made in the form of land use against that in­di­cated in the Mas­ter Plan and build­ings had been con­structed build­ings with­out sanc­tion from the com­pe­tent au­thor­i­ties.

The panel rec­om­mended that in “af­flu­ent unau­tho­rised colonies on de­vel­oped pub­lic land like Anant Ram Dairy and Ma­hen­dru En­clave, the cost of land would be re­cov­ered as per the cur­rent mar­ket value de­ter­mined by the Cen­tral Board of Di­rect Taxes on the ba­sis of mar­ket rates preva­lent in sim­i­lar af­flu­ent but au­tho­rised colonies in the neigh­bour­hood plus a penalty for en­croach­ment of 50% of mar­ket value.”

Unau­tho­rised colonies in­hab­ited by af­flu­ent sec­tions of the so­ci­ety and unau­tho­rised de­vel­op­ment in farm­houses had to be reg­u­larised. How­ever, the modal­i­ties of reg­u­lar­i­sa­tion should be dif­fer­ent from those laid down for other colonies peo­pled by eco­nom­i­cally weaker sec­tions of the so­ci­ety, the re­port said.

Costs to put in in­fra­struc­ture should be re­cov­ered from the af­flu­ent res­i­dents. Ex­tra land would also have to be taken from them for bring­ing the au­tho­rised colony at par with reg­u­lar colonies. Wher­ever there is en­croach­ment of pub­lic land, the cost of the land should also be re­cov­ered from the af­flu­ent res­i­dents and not im­pose a bur­den on the gov­ern­ment.

“In ad­di­tion, we feel that some penalty needs to be im­posed on res­i­dents of th­ese colonies at the time of reg­u­lar­i­sa­tion, so that a clear mes­sage goes that no­body, how­so­ever rich and pow­er­ful, can get away with unau­tho­rised de­vel­op­ment,” the panel had said in its re­port.

A view of plush bun­ga­lows in the Sainik Farms area in the Cap­i­tal

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