The Chhattisgarh Anadhikrit Vikash Ka Niyamitikaran Act, 2002

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.

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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.

10. (1) The Government may either suo-moto, or on an application filed by any person, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed by Divisional Commissioner or Authority under this Act, call for the records and may also direct that pending examination of the record, such order be held in abeyance.

1. (2) The Government may modify or reverse the orders of the Divisional Commissioner or Authority under this Act as it may deem fit.

Deposit of penalty and other accruals 11.

Protection of action taken under the Act 12. (1) Notwithstanding any thing 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.

1. (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 taken in good faith or intended to be done in pursuance of this Act or rules made thereunder.

13. The Government may make rules for the purposes of effectively carrying out the provisions of this Act. Such rules may provide for all or any of the following matters. namely :, (i) procedure to be followed in regularisation of unauthorized development;

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.

14. 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 Panchayatraj Adhiniyam, 1993 (No. 1 of 1993) any local government, 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.

15.

Power to remove difficulties 16. 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.

1. Short Title and Commencement 1. (1) This Act may be called the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (No. 21 of 2002). (2) It extends to the whole of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification, appoint.

2. Amendment in Section 6 2. After (iv) of Sub-section (1) of Section 6 of Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (No. 21 of 2002) the following provision shall be inserted namely.- "Provided that the amount of penalty to be imposed shall not be more than 50% of such evaluation and the cost of development of such infrastructure."

1. Short title and Commencement 1. (1) This Act may be called the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran (Sansodhan) Vidheyak, 2003 (No. 4 of 2003). (2) It shall come into force from date of its notification in the official Gazette.

2. Amendment of Section 9 2. In Sub-section (1), (2) and (3) of Section 9 of the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (No. 21 of 2002) hereinafter called Principal Act, for words "Divisional Commissioner" the words "Director Urban Planning and Development" shall be substituted.

3. Amendment of Section 10 In Sub-section (1) and (2) of Section 10 of the Principal Act, for words "Divisional Commissioner" the words "Director Urban Planning and Development" shall be substituted.

1. Short Title and Commencement

1. (1) This Act may be called the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran (Sansodhan) Vidheyak, 2003 (No. 4 of 2003).
2. (2) It shall come into force from date of its notification in the official Gazette. 2. Insertion of New Section 6-A and 6-B After Section 6 of Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (No. 21 of 2002) following Section 6-A and 6-B shall be inserted, namely :- 6-A. Special provision for residential building :-
   • (i) For imposition of penalty on residential buildings, the unauthorised development shall be classified on the basis of its plot-area, as follows :-
   • (one) upto 120 square metres
   • (two) from 120 sq. mts. to 240 sq. mts. (three) from 240 sq. mts. to 360 sq. mts.
   • (four) above 360 sq. mts.
     • (ii) For residential buildings the penalty shall be fixed on the basis of the floor area of the unauthorised development. If the building is constructed without any building permission, then the penalty shall be imposed on the total floor area. If the building is constructed with additional floor area other than specified in the building permission, penalty shall be imposed only on such additional area.
     • (iii) For residential buildings, the rate of penalty shall be as follows :-
   • (one) No penalty shall be imposed on the buildings constructed on plot areas upto 120 sq. mts.
   • (two) The rate of penalty for the buildings constructed on plot areas above 120 sq. mts., shall be as follows :-

Classification on the basis of plot area Rate per sq. mt. (in rupees)

1. (1) (%)

6-B. Under the provisions of the Principal Act, the cases disposed shall be re-examined, and the rate of penalty shall be calculated as per the provisions made under Section 6-A. If in any case, excess amount has been deposited by the applicant, the same will be returned, as per the rules made by the State Government in this regard.

3. Amendment of Section 7 Sub-section (2) of Section 7 of Chhattisgarh Anadhikrit Vikas ka Niyamitikaran Adhiniyam, 2002 (No. 21 of 2002) shall be omitted.

1. Short title and commencement

1. (1) This Act may be called the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran (Sanshodhan) Adhiniyam, 2016.
2. (2) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint. 2. Amendment of Section 3 After clause (ii) of sub-section (1) of Section 3 of the Chhattisgarh Anadhikrit Vikas Ka Niyamitikaran Adhiniyam, 2002 (No. 21 of 2002), (hereinafter referred to as the Principal Act), the following shall be inserted, namely :- "(ii-a) "Building permission fee" means such fee as is ascertained from time to time under clause (b) and (c) of sub-rule (3) of rule 21 of the Chhattisgarh Bhumi Vikas Rules, 1984;" 3. Amendment of Section 6 In sub-section (1) of Section 6 the Principal Act,-
   • (a) for clause (iii), the following shall be substituted, namely :- "(iii) For the purpose of imposing penalty on commercial and other non-residential buildings not covered under Section 6-A, the Authority shall follow the following scale, namely :-

S. No. Plot area having unauthorized Construction Penalty payable

1. (1) (2) (3)

1. (b) clause (iv) shall be deleted.

4. Amendment of Section 6-A For clause (two) of sub-section (iii) of Section 6-A of the Principal Act, the following shall be substituted, namely :- "(two) The rate of penalty for the buildings constructed on plot areas above 120 sq. mts. shall be as follow :-

S. No. Classification on the basis of plot area Rate per sq. mt. (in Rupees)

1. (1) (2) (3)

5. Amendment of Section 9 In Section 9 of the Principal Act, for words "Director Urban Planning and Development", wherever they occur, the words "Divisional Commissioner" shall be substituted.

6. Amendment of Section 10 In Section 10 of the Principal Act, for words "Director Urban Planning and Development", wherever they occur, the words "Divisional Commissioner" shall be substituted.