Civic bodies in Maharashtra free to decide fine for illegal structures


The Maha state government has come out with a notification that gives municipal corporations a free hand in deciding fees for compounding illegal structurers as current fee structure is too steep and there is hardly any response from occupants of such structures to get their constructions regularised. 


Suggestions and objections have been invited from citizens, which can be sent within a month from the date of publication of the notification.


The state government's urban development department had last October issued rules regarding regularisation of illegal structures on payment of a penalty. Illegal constructions built before December 31, 2015, in residential, commercial and industrial zones would be declared "compounded structure" on payment of compounding fees.


Such structures do not attract demolition once their owners or residents pay the charges. However, no new development, except for repairs and maintenance, is permitted.


However, unauthorised constructions which have come up on defence land, heritage structurers, dumping grounds, playgrounds and gardens will not be regularised. Unauthorised buildings in ecologically sensitive areas such as coastal regulation zones, mangroves, forests, and structurally unsafe buildings will also not be regularised, as per the Maharashtra Town Planning (Compounded Structures) Rules, 2017.


The residents of the structures regularised after payment of penalties have to pay development charges and compounding fee. The compounding fee will be double of the development charges. The BMC while giving permission for a new construction recovers development charges and these charges are equal to 60 per cent of ready reckoner value of the land.


However, the state government received complaints that the formula to decide compounding fee makes it unaffordable for the middle class.


Accepting the popular demand, the state government has called for suggestions and objections from citizens, said senior urban development department officials.


The officials made it clear that no municipal corporation, other than Mumbai, building more than 36 metres will be regularised under this scheme.


While giving freedom to municipal corporations to decide on compounding fee, the notification suggests that the formula for the fee should be designed in such a way that municipal corporations can recover cost of infrastructure development in the area. 

Written by The Realty Paper

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