About 12,000 pleas of unauthorized constructions in Nagpur in limbo

Fate of around 12,000 applications seeking regularization of unauthorized constructions hangs in balance. Bombay bench of Bombay high court has reportedly set aside the state government’s compounding scheme under which the applications were received. The Nagpur Municipal Corporation (NMC), Nagpur Improvement Trust (NIT) and Nagpur Metropolitan Region Development Authority (NMRDA) have reportedly received a letter from the state’s urban development department directing them not to continue with the compounding scheme till further orders. Under the scheme launched on October 7, 2017, the NMRDA received over 11,000 applications from Metro region. The NIT received 540 while NMC got 363 applications. All the applicants have deposited application charges with the three planning authorities. All the three planning authorities were expecting to earn over Rs 250 crore from regularization of unauthorized constructions. Under the scheme, the government had offered various types of relaxations to the unauthorized constructions. After inviting applications for 12 months, the NMRDA has even begun verifying the applications. The NMRDA has reportedly even regularized some unauthorized constructions under the scheme. The NIT was about to begin the regularisation. As it received fewer applications, the NMC, in its general body on October 20, had decided to extend the scheme by six more months up to April 4, 2019. Now, the civic body has stopped the process of extension. The officials from NMRDA, NMC and NIT told media the unauthorized constructions that can be compoundable under the existing development control regulations (DCR) and the Maharashtra Regional and Town Planning (MRTP) Act will be regularized. “HC set aside the compounding scheme and the cleared unauthorized constructions can be regularized if fit into DCR,” they said. RTI activist TH Naidu said that NMRDA, NMC and NIT should issue notices to these unauthorized constructions under section 53 of the MRTP Act and initiate action. “The authorities are known for protecting unauthorized constructions and hence their number is on rise. Now, the authorities cannot cite any reason for inaction as applicants have themselves submitted applications under the scheme proving their structures are unauthorized, be it totally or partly,” he said. The HC passed the order on November 2 in the PIL filed by Rajiv Mohan Mishra in 2013. Sources from the NMC said the government is likely to file an appeal against the HC order in the Supreme Court. “The authorities will not reject the applications and will wait for the government’s further orders,” the sources said. The bench, comprising AK Menon and AS Oka, in the order said, “As far as the issue of tolerating the illegal constructions is concerned, we have already summarized the law on the point. As held by the apex court, the planning authorities and the state will have to show zero tolerance to illegal constructions and it is the duty of the planning authority to take immediate steps for demolition of illegal developments. It is also their duty to ensure that such illegal developments are prevented,” the judges observed.