The state on Tuesday announced its plan to appoint a committee headed by a retired judge of the SC to study the technical and legal complexities faced by properties governed by the Urban Land (Ceiling and Regulation) Act, 1976, which was repealed around nine years ago.
This may pave the way for removing the clause that makes reserving 20% of the land on each plot governed under the Act for affordable and low-cost housing, according to officers from the urban development department.
CM Devendra Fadnavis told the lower house that properties governed under the Act are facing complications, as the Act was repealed but section 20 is still in force. When the land holders moved the court to repeal section 20, the HC ruled in their favour while the SC ruled against them.
Currently, 5% of the houses built on the 20% of the land parcel are surrendered to the government, while the cost of the remaining 95% of the houses is decided by the government. The landholders are exempted from the Act in lieu for the houses on 20% of the land parcels. Fadnavis said as there was no uniform framework to deal with cases related to the properties that were originally developed under the law, they are tackled on a case-to-case basis. “Many societies developed under the ULC years ago need to be redeveloped, but the Act does not have a provision for additional FSI, which is imperative for revamp. The department is not ready to take any bold decision in accordance with the Supreme Court orders,” Fadnavis said.
He admitted in the absence of a policy, the officers dealing with these matters tend to harass the owners.