Jan 09 2015 : The Times of India (Hyderabad)
GO on regularisation of encroached land lacks clarity
| Koride Mahesh |
Hyderabad:
|
Poor home work by the state government before bringing in the order on regularisation of encroached government land has left revenue authorities and some applicants in a tizzy.The revenue officials are worried on how to proceed on the process of regularisation applications as many guidelines are ambiguous and the authorities themselves are confused on some issues.
For regularising encroached government land in Telangana, the state government had issued two GOs (Nos 58 & 59) last week. As per the GOs, only encroachment in the form of a functional building unit is to be considered for regularisation.
Official sources say the GOs did not provide any clarity whether only land where a building has come up should be considered for regularisation, or the entire premises of the house.
For instance, if an applicant has applied for regularisation of 1,000 sq yards and the building is confined to only 250 sq yards and there is a compound wall for the entire premises, there are no instructions whether to consider the entire 1,000 sq yards or only 250 sq yards. In the absence of clarity on the issue, the revenue authorities may have to consider the entire 1,000 sq yards for regularisation, which is against the spirit of the government orders.
Similarly the state government did not shed light on the 4,000 pending applications which were accepted in the earlier regularisation scheme (under GO 166).Many of them have paid the required fees and have not yet received final orders on their applications, because of a stay order from the High Court.
Now, these applicants are approaching the collectorates seeking clarity on whether they should apply afresh or if their applications would be cleared. But officials, who are awaiting government orders for handling such cases have advised that persons, whose applications were rejected earlier on the ground that they came up after the due date as per GO 166 (constructions that came up prior to 2003), can now apply as they become eligible as per the present GO (the cut off date for the present orders is June 2, 2014).
“As many as 80,000 applications were rejected in RR district mainly because the constructions came up after 2003. Now they can approach the revenue authorities for regularisations,“ Ranga Reddy joint collector Champalal told TOI.
When it comes to Urban Land Ceiling (ULC) land, the government said unobjectionable surplus land of ULC would be regularized by way of alienation.
But people in possession of such lands say they have already paid for it and ask why must they pay the current registration value though they have already registered the land in their names.
“As per GO 744 issued by the previous government, ULC land regularization would be applicable for open land as well. But under the new GOs, ULC surplus lands are to be regularised only if they have buildings,“ a revenue official of Hyderabad said.
In the earlier regularisation scheme, there was a mechanism with different levels such as collector, CCLA and state government, who were appropriately concerned depending upon the size of the plot for regularisation.
“At least ULC officials are not in the committee for regularising ULC land,“ said another revenue official.
Meanwhile, the districts' administrations have started receiving applications for regularizations. Ranga Reddy administration have even started mobile help desks in large bastis where applications are being given free of cost.
Regularisation guidelines
According to the GOs, upto 125 sq yards, no penal amount would be collected for regularization.
For the rest, the applicants have to pay the basic registration values for regularizations. Up to 250 sq yards residential buildings 50% of the basic value, up to 500 sq yards, 75% of the basic registration value and in case of above 500 sq yards, the applicants have to pay the entire basic registration value of the land to the government. Applications can be submitted at the respective mandal offices. Last date for receiving applications is January 19.
For regularising encroached government land in Telangana, the state government had issued two GOs (Nos 58 & 59) last week. As per the GOs, only encroachment in the form of a functional building unit is to be considered for regularisation.
Official sources say the GOs did not provide any clarity whether only land where a building has come up should be considered for regularisation, or the entire premises of the house.
For instance, if an applicant has applied for regularisation of 1,000 sq yards and the building is confined to only 250 sq yards and there is a compound wall for the entire premises, there are no instructions whether to consider the entire 1,000 sq yards or only 250 sq yards. In the absence of clarity on the issue, the revenue authorities may have to consider the entire 1,000 sq yards for regularisation, which is against the spirit of the government orders.
Similarly the state government did not shed light on the 4,000 pending applications which were accepted in the earlier regularisation scheme (under GO 166).Many of them have paid the required fees and have not yet received final orders on their applications, because of a stay order from the High Court.
Now, these applicants are approaching the collectorates seeking clarity on whether they should apply afresh or if their applications would be cleared. But officials, who are awaiting government orders for handling such cases have advised that persons, whose applications were rejected earlier on the ground that they came up after the due date as per GO 166 (constructions that came up prior to 2003), can now apply as they become eligible as per the present GO (the cut off date for the present orders is June 2, 2014).
“As many as 80,000 applications were rejected in RR district mainly because the constructions came up after 2003. Now they can approach the revenue authorities for regularisations,“ Ranga Reddy joint collector Champalal told TOI.
When it comes to Urban Land Ceiling (ULC) land, the government said unobjectionable surplus land of ULC would be regularized by way of alienation.
But people in possession of such lands say they have already paid for it and ask why must they pay the current registration value though they have already registered the land in their names.
“As per GO 744 issued by the previous government, ULC land regularization would be applicable for open land as well. But under the new GOs, ULC surplus lands are to be regularised only if they have buildings,“ a revenue official of Hyderabad said.
In the earlier regularisation scheme, there was a mechanism with different levels such as collector, CCLA and state government, who were appropriately concerned depending upon the size of the plot for regularisation.
“At least ULC officials are not in the committee for regularising ULC land,“ said another revenue official.
Meanwhile, the districts' administrations have started receiving applications for regularizations. Ranga Reddy administration have even started mobile help desks in large bastis where applications are being given free of cost.
Regularisation guidelines
According to the GOs, upto 125 sq yards, no penal amount would be collected for regularization.
For the rest, the applicants have to pay the basic registration values for regularizations. Up to 250 sq yards residential buildings 50% of the basic value, up to 500 sq yards, 75% of the basic registration value and in case of above 500 sq yards, the applicants have to pay the entire basic registration value of the land to the government. Applications can be submitted at the respective mandal offices. Last date for receiving applications is January 19.
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