The Andhra Pradesh Regularisation of the Unauthorised constructions in Municipal Corporations, Municipalities and Urban Development Authorities Act, 2003
The Andhra Pradesh Regularisation of the Unauthorised constructions in Municipal Corporations, Municipalities and Urban Development Authorities Act, 2003
0. Preamble
THE ANDHRA PRADESH REGULARISATION OF THE UNAUTHORISED CONSTRUCTIONS IN MUNICIPAL CORPORATIONS, MUNICIPALITIES AND URBAN DEVELOPMENT AUTHORITIES ACT, 2003 ACT NO.6 OF 2003
1. Short title and commencement - (1) This Act may be called the Andhra
Pradesh Regularisation of the Unauthorised constructions in Municipal
Corporations, Municipalities and Urban Development Authorities Act, 2003.
- (2) It shall be deemed to have come into force on the 12 th February, 1992.
2. Regularisation of unauthorised constructions -Notwithstanding anything
contained in the Hyderabad Municipal Corporations Act, 1955, the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Urban Areas (Development) Act, 1975, the Government shall have the power to regularise the unauthorised constructions made by the owners or individuals who constructed the buildings unauthorisedly or in deviation of the sanctioned plan upto 30 th June, 1998 filed voluntary declaration or application for regula- risation as stipulated under various Government orders and to regularise the same after levying the penal amount in accordance with the procedure prescribed or the orders issued in this regard.
3. Validation - Notwithstanding anything contained in the Hyderabad
Municipal Corporations Act, 1955, the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Urban Areas (Development) Act, 1975 and in any judgment, decree or order of any Court, Tribunal or other authority contrary to the various Government orders including orders issued in G.O.Ms.No. 419, MA, dated 30 th July, 1998 authorising the competent autho- rities to regularise the unauthorised constructions and the constructions made in deviation to the sanctioned plan in respect of the voluntary declarations or applications filed as stipulated in various Government orders shall be regu- larised after levying the penal amount and collection thereof as specified in accordance with the procedure prescribed or the orders issued for regularisation of deviated or unauthorised constructions of buildings, shall be deemed always to have been, validly issued and accordingly:-
- (a) all acts, proceedings, things done, taken or being taken by the State Government or by any Officer of the State Government or by any other authority in connection with the regularisation of unauthorised constructions and levy and collection of penal amounts thereon under the Government orders shall be deemed to have always been, done or taken in accordance with law;
- (b) no suit or other proceedings shall be instituted, maintained or continued in any court, Tribunal or before any authority for the refund of any such penal amount; and
- (c) no court shall enforce any decree or order directing the refund of any such penal amount.
4. Repeal of Ordinance 1 of 2003 - The Andhra Pradesh Regularisation of
Unauthorised constructions in Municipal Corporations, Municipalities and Urban Development Authorities Ordinance, 2003 is hereby repealed. K.G.SHANKAR, Secretary to Government(FAC), Legislative Affairs & Justice, Law Department.
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