Chapter I PRELIMINARY

1. (1) This Act may be called the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (No. 21 of 2002).

1. (2) It extends to the whole of Chhattisgarh.
2. (3) It shall come into force on such date as the State Government may, by notification, appoint.

2.

~ 31[~ ~'QR T-1 Jr-ntrrfo ~ ~ 'ci'J'IJ. m-iJ .;it -ry;;q ~ GIT! f.lmfu:! fufv cfq," ~ ~ ~ 3W?.:ci 'ri 311 it. (~) "FftTTrf1" ~ ~ t. ~ ~ ~ ~ fq;'fi'j ~ ij 1fT 'rfi=r 'ti"( ~ f,qfuJ 3:i?.fol ~ 3{f~~a:i'l'~~"q·'ffiFrn~~">:l'lo'.l'fil>~~. (~) ''3Rf~ ~••-;fi 3tf~t, ~ $ifil~ ~-m, ~-;pl{ tlJ "VA~ 3TitIR1:j"q, 1973 (~ 23 "H1_ 1973), <fl~~~ .;;rt'~ <11 m a:iiir-1 m ~ f:rqq, 1fl ~~ * W<iJ.iRi ir." 31ifR ~ fq,rrra m~~~ · ~ii,7;flm~~ 3?1'.fcll f.lmful ~-~ ~ fcRrlt.:@, 'q;"{ ~ -rr:n ~. (it:) "f1qf9fn<fi{OI" "fi at'm ~. ~ 5 ( 1) (~) ~ 3@TTil W-r<fiTTI "G'ffi fc6m ri~ ~ qi] f.i;ln 11trl f.rmi:lfrfi:n'TVI ,. • I ... • 4 . c 2) ~ a:ir~ ii~~~ ~ <fil, -;;11 ~ lJft'1ITTIB ,eft" i. qefl 3l1lT<l" m , ~ 1J~lw1~ 11TT cf2ll mt!~ a:if-'.ITT'!lTI, 1973 ~ ~ ~ -.f.t f',.:rtii ii, t'. ( 1) ~ mm, ar-,f'~ ~ f1afqf11i¼itD1 ~ ~ ~ % @l!. ~ wf~ TJF-1 ~ "~ f1afqfaifi(OJ w~ ., <>'16flliPJL (~) ~ml m<-l ~. ~ ~ cfil ~ ~ cfi1 3llgtti~ 1' 1{41f1.1 I 3TI~

C~) ~qn fuq;m 11Tfi • , ~ ITT cfil ~

m-rTI, cfil lJ&-1 ifil4Qff\1 3TT~. 210 CI) ~ f-i Q f4 f11 cii lVT ~cF."11P.r-l.

~ fcn"m ~. ~'TI"fc@ ~ l%, Rmftr Bll<l-ffil ii a2ll ~ -nfil, ~ ~ f.fi mtt, tm ~

Powers of District Regularization authority 6. (1) The District Regularization Authority shall have the following powers :-

1. (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 records 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.
2. (ii) In case, the Authority decides in favour of regularisation, it shall, after due consideration, impose penalty on the applicant for such development. The Authority may collect such penalty in suitable installments together with interest, in case the applicant makes a written request for payments in installments, within 14 days of the order by the Authority.
3. (iii) For the purpose of imposing penalty, the Authority shall evaluate an unauthorized development on the basis of prevailing market value of the land, construction etc. The Authority shall also evaluate its monthly rent.
4. (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.
5. (v) Upon compliance of the order issued by the Authority, and 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.

1. (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.
2. (3) The Authority may, if it consider necessary, take the services or opinion of any registered structural engineer, town planner or architect in deciding applications under Section 5.
3. (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.

7. (1) The District Regularisation Authority shall not regularise an unauthorized development if,

1. (i) the land belongs to Government, local authority, or a statutory body.
2. (ii) the construction is affecting the defined building line or is falling within the Road-lines.
3. (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.
4. (iv) the area of construction is on tank bed or tank bank or natural drainage.
5. (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 fire safety or structural stability.
6. (vi) the area is earmarked for industries which use or produce hazardous substances.
7. (vii) it is not in public interest to do so.

1. (2) If the unauthorized development is on parking spaces or on areas earmarked for recreational use in the development plan, regularisation shall be permitted only when an alternative area has been provided by the applicant in close vicinity of the constructed site.
2. (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.
3. (4) The authority may regularise part of the unauthorized development also, looking to the attending circumstances.
4. (5) Regularisation will not entitle the applicant for any other services or claims arising thereof.

8. The authority having jurisdiction, shall take appropriate action against an 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) (i).
3. (iii) the application fails to deposit the penalty for regularisation.

9. (1) Any person, aggrieved by an order passed by the Authority, may appeal to the Divisional Commissioner within thirty days from the date of such order.

1. (2) In case the appeal is filed by the applicant as mentioned in section 5, the appeal shall not be admitted for hearing by the Divisional Commissioner unless the appellant has deposited 50% of the penalty for regularisation. The applicant must deposit the monthly rent of the un-authorized development regularly, as decided by the Authority, during the pendency of the appeal.
2. (3) Any person, aggrieved by an order passed by the Divisional Commissioner may file an appeal to the Government within thirty days from the date of such an order, Provided that the appellant shall regularly deposit the monthly rent for the unauthorized development as decided by the Authority under this Act during the pendency of the appeal.