NIT & Gunthewari Act

Urban Development Department (UDD) of Maharashtra Government has directed Nagpur Improvement Trust (NIT) not to deviate from the Development Plan (DP) while regularising the plots of unauthorised layouts. Maharashtra Government

Perhaps taking a number of complaints received about misuse of Gunthewari Act by the NIT officials and a legally questionable deletion committee which had dereserved land admeasuring approximate 3 crore sq ft, the government issued this stern directive. Infact the Gunthewari Act was to be used for regularisation of constructions in unauthorised lay-outs carried by lower middle income group people and it was categorically mentioned that public utility lands which is vacant will not be dereserved under Gunthewari Act. But so far the NIT had deleted 79 major plots situated now in prime localities which were reserved for hospitals, schools, garden, playground and crematorium. Most of these plots were handed on a platter to developers and builders for constructing housing schemes, defeating the very purpose of Gunthewari Act. According to the UDD order, NIT has to regularise 3217 plots of 49 layouts under Land Disposal Rules (LDR), 1983.

These plots were acquired by the NIT. In this rule it has been stated that NIT has to disburse the plots by auction or by allotment. NIT has leased out most of the plots in these lay-outs. On the 2466 plots situated in 35 unauthorised layouts of Indora Housing Accommodation Scheme, Wanjri, Sakkardara Street Scheme, Bhamti-Parsodi Street Scheme, Ajni Street Scheme Wathoda, Eastern Industrial Area and Binakhi scheme, NIT has to implement Gunthewari Act, 2001. These plots were notified under NIT scheme but possession was not taken by it. The Maharashtra Government has given order about the 2331 plots of the 52 layouts stated that NIT would free these plots from the land acquisition and the plot holders will not demand any cost from it. Then the NIT would regularise these plots under Gunthewari Act, 2001, strictly adhering to basic guidelines laid down so far. On the 297 plots of 7 layout situated in Indora and Babhulkheda, which were released by the Urban Land Ceiling (ULC) to NIT, UDD has ordered that Trust will regularise these plots under Land Disposal Rules, 1983. The Gunthewari Act should not be applied to these layouts.

 While issuing this order, UDD clearly mentioned that, NIT could not circumvent the proposals of the Development Plan and Development Control Rules and violate the basic principles of town planning. Trust has to act according to the Development Plan of Nagpur city, which will prevent any major deviation or violation of the development plan and discretionary powers of the NIT bosses. Sources said that NIT had regularised all the layouts under Gunthewari scheme and deleted the reservations made under the Development Plan, bypassing the procedure prescribed under the MRTP Act. However, according to this order, it is clear that Trust can regularise the constructions in these layouts which are specifically covered under the Gunthewari Act. According to the act, if NIT has to delete the reservations from area which is not covered under Gunthewari Act, then they have to publish notice under section 37 of Maharashtra Regional Town Planning (MRTP) Act. However, NIT has so far overlooked this act and deleted reservation of many public utility lands under Gunthewari Act. Sources said that there were 876 reservation in the DP and many reservations were deleted from it.
 

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~ by nagpurestate on September 24, 2007.

3 Responses to “NIT & Gunthewari Act”

  1. my plot situated at indrapastha society Babulkheda kh. no. 91,92. NIT showed Reservation for Garden and acquired at least 150 plot. the area of the 150 is plane there are no construction on these plot. NIT reserved this area since last 10 years

  2. my plot situated at indrapastha society Babulkheda kh. no. 91,92. NIT showed Reservation for Garden and acquired at least 150 plot. the area of the 150 is plane there are no construction on these plot. NIT reserved this area since last 10 years

  3. Once the unauthorised Plots covered under 1900 or 572 layout scheme are duly regularised by N.I.T. on paying requsite fees and by issuing permit for unauthorised Plot, according to me the respective plot holders are the sole owner of their respective Plots and if regularly paying Ground rent the plot holdersshall not be forced by the N.I.T. to obtain N.O.C. of N.I.T. for Sale or Mortgage because it is totally unwarrented.

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