The Chhattisgarh Anadhikrat Vikas ka Niyamitikaran Adhiniyam, 2002

(l) This Act may hc callcd thc Chha~ris~arh Anadliikrit Vika Kn Niy:l'mi~iL;\~.:u~ Adhjniyam, 2IK)2 (NO. 21 of 2002). (2) 11 cxrends ro rl~c wllolc of CI)ha~iisgarh. (3) TI shall come intoforccon such da~cas ihc Stale Govcrnmen~ may. by norilicitcirn. appoint.

The provisions of this Ac[ shall apply ro such uonulhorized devclop~nenrs wl~icl~ wcit ill exislcnce on or belbre thc dale norified by he Slate Gwernmznr.

Definition. 3.

1. (1) In this Act, unless the context otherwise requires-
   • (i) "Authority" means an authority constituted under section 4 of this Act.
   • (ii) "Builder" means and includes, a person or group of persons engaged in construction of building or erection of any other engineering structure in, or on any piece of land, in the planning area.
   • (iii) "Government" means State Government of Chhattisgarh.
   • (iv) "Road line" means both limiting sides of any public road.
   • (v) "Unauthorized development" means development of any site without any permission or contrary to the permission granted or deviation of land use or development from the permission granted under the provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) or any of the acts for the time being in force or any rules or byelaws made thereunder.
   • (vi) "Regularisation" for the purpose of this Act means, regularisation of the unauthorised development by the Authority under Section 5
2. (1) (ii).
3. (2) Words and expressions used in this Act, but not defined herein, shall have the same meaning as given in the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 and rules made thereunder.

CHAPTER-II- CONSTITUTION OF AUTHORITY, PROCEDURE ETC. 4.

1. (1) The State Government shall constitute for each district an authority to be called the "District Regularisation Authority" for the purpose of regularisation of unauthorized development.
2. (2) The District Regularisation Authority shall consist of the following members namely :-
   • (a) Collector of the District - Chairman
   • (b) District Superintendent of Police - Member
   • (c) The Municipal Commissioner/Chief - Member Municipal Officer of the concerned Urban Local body, for the cases of their respective areas.
   • (d) Chief Executive Officer of the concerned - Member Development Authority, for their respective areas.
   • (e) Officer of Town & Country Planning - Member Department in-charge of the district. - Secretary.

The authority may receive applications, through competent officer appointed for this purpose for regularisation of unauthorized development from the affected persons within the time limit and in the manner as prescribed by the Government under the rules framed for this purpose.

1. (1) The District Regularisation Authority shall have the following powers :-
   • (i) On receipt of application under Section 5, it may call for any record or information regarding unauthorized developments in any planning area within the district. On the basis of such record and information, the Authority may either reject the application or take a decision for regularisation of unauthorized development in accordance with Section 7 of this Act.
   • (ii) In case, the Authority decides in favour of regularisation, it shall, after due consideration, impose penalty on the applicant for such contravention. The Authority may collect such penalty in lump-sum, or in instalments together with interest, in case the applicant makes a written request for payments in instalments, within 15 days of the order by the Authority.
   • (iii) For the purpose of imposing penalty, the Authority shall evaluate the unauthorized development on the basis of prevailing market value of the land, construction, etc. The Authority shall also evaluate its monthly rent.
   • (iv) The Authority shall determine penalty on the basis of such evaluation done and the cost of development of basic infrastructure in the vicinity, which may be required because of the unauthorized development.
   • (v) Upon compliance of the order issued by the Authority, and on deposit of the regularisation penalty, such development would cease to be unauthorized and a certificate to that effect will be issued to the applicant, by the Authority in such proforma as may be prescribed.
2. (2) The Authority shall have the same powers as are conferred on the High-Rise Building Committee under the provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
3. (3) The Authority may, if it consider necessary, take the services or opinion of any registered structural engineer, town planner or architect in deciding an application under Section 5.
4. (4) The Authority shall exercise such other powers as may be assigned to it by the Government for the purpose of regularisation of unauthorized development.

1. (1) The District Regularisation Authority shall not regularise an unauthorised development if,-
   • (ii) the construction is affecting the defined building line or is falling within the Road-lines.
   • (iii) the land has been allotted by the Government, local authority or statutory body for a specific purpose other than the one for which development has been done.
   • (iv) the area of construction is on tank bed or tank bank of natural drainage.
   • (v) in case of multi-storied buildings, the building is obstructing the view of any heritage building site or is violating the prescribed norms for the safety or structural stability.
   • (vi) the area is earmarked for industries which use or produce hazard substances.
2. (2) If the unauthorized development is on parking spaces or on land earmarked for recreational use in the development plan, regularisation shall be permitted only when an alternative area has been provided by the applicant in the vicinity of the constructed site.
3. (3) No regularisation of unauthorized high-rise building shall be considered, if it contravenes any of the provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
4. (4) The authority may regularise part of the unauthorized development also, looking to the attending circumstances.
5. (5) Regularisation will not entitle the applicant for any other services or claims arising thereof.

The authority having jurisdiction, shall take appropriate action against all unauthorized development according to the provisions of the relevant acts, and rules made thereunder if,-

1. (i) the owner, or occupier or builder of the unauthorized development does not apply for regularisation within the prescribed time limit.
2. (ii) the application has been rejected under section (6)

1. (1) (i).
   • (iii) the applicant fails to deposit the penalty for regularisation.

(1) Any person, aggricvcd by an order passed by lhc Authority, ruay appcal LO llle Divisional Conirnissioner wilhin thj~qy clays lrom rl~e darc of such order. (2) In case the appeaI is llkd Zly tlr:: applicaril as men~ioned 111 sccrian 5, rhe appl shall not he admitred Car hearing by rhc Divisional Con~m~ssioner unless the appellant 11as deposited 50% ofthc penally ior reg ulai~rs:r~ron. 'Tllc eppl icill~r musr dcya$irrhe~~tur,thly rcnr.oTthc unaurhorized deuclopmen~ rc,"ub~-ly, as decjdcd by rhe Authority, during ~hc pendcncy of the appcal. (3) Any person, aggrievd by an order psed by he Divisional Comlnissioner may file an appeal to rhcGovcrnmcn1 within ihirty days from rhc dale of such an urdei., Provided that rhc appelhnl shall regularly deposit the ~nonthly rent for the unaulhorizcd development as decidcd by the Aulllori~y undcr his Act during the pcndcncy of.lhc appeal.

(1) The Government may either suo-moto, ar on an applica~io~~ Lilcd by nny pcrson, fur I~IC purposc orsat~sfying iistlfasto the corrcc~hcss, lqali ~y or propticry dany order passed by Divisinnal Commissioner or Aulhari! y undcr ~l~is Acc. call for rhe records and may a Iso d iral rha~ ~xnrling ca~n~i~~alion ol'11ie rccord, si~clt order k llcld in iibeyance. (2) Thc Govcrr~n~cnt may r11i)rfily t~r revcrse 11lc ordcrr of (hi: i>iilisionirl Coi1im1- ssioncr or Aull~ol iry untlci lh1.5 Acl as il may dczn~ fi~. No such ordcr shrrll I)c. p:sszd by 111e Govemmcni gnicss rl~c irb~t~-e>~cd paviics lln.;c lecn gil-cn an r,pl>r,r- rr~nily or king 11c;lrd.

The penalty, rental value and other accruals, received under the provisions of this Act shall be credited to the Government treasury.

1. (1) Notwithstanding anything contained in any law for the time being in force, no suit, prosecution or other legal proceedings shall lie against any officer or Authority for any thing which has been done in good faith or intended to be done in pursuance of the Provisions of this Act or rules made thereunder.
2. (2) No suit or other legal proceeding shall lie against the Government or any authority under the Government for any damage caused or likely to be caused by any thing which has been done or any action likely in good faith or intended to be done in pursuance of this Act or rules made thereunder.

The Government may make rules for the purposes of effecting carrying out the provisions of this Act. Such rules may provide for all or any of the following matters, namely :-

1. (ii) norms for imposition of regularisation penalty;
2. (iii) procedure for collection and utilisation of penalty for regularisation;
3. (iv) procedure for exercise of powers conferred to the Authority under Section 6 of this Act.

Notwithstanding any thing contained in Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956), Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961) or Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1993) any local governments as the case may be, in relation to the unauthorized development under the provisions of this Act, from the date of commencement of this Act, shall cease to exercise the powers, perform the functions, and discharge duties which the State Government, Divisional Commissioner, and the Authority is competent to exercise, perform and discharge under this Act.

No civil suit or any nature against any of the orders pass$ under the provisions of this Act will be maintainable beforls any court.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, not inconsistent with the provision of this Act, remove the difficulty.