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GHMC clears doubts on Compulsory Disclosure Scheme
Posted by Srini Uppala | January 12, 2008 | 1,654 views
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Loading ...Q. My apartment was constructed by converting three houses, different municipal door numbers, in Vidyanagar. The builder has taken permission for 2/3 of the apartment (15 flats) and remaining 1/3 part has been shown as vacant in the approved lay out.
But the builder constructed five floors (five flats) on this 1/3 part of the apartment which was shown vacant and sold one of the flats to me. The total area and amenities are common to all the flat owners. The apartment falls under the category of less than 18 mts height.
Will it comes under deviation or constructed on the residential portion or illegal construction?
What is the approximate penalty to be born by me?
M. Ambika,
RBS Deccans Residence, Vidyanagar.
Greater Hyderabad Municipal Corporation (GHMC) replies: It will be treated as total unauthorized construction and penalisation charges will be levied on the total built up area at the rate of Rs.100 /- per sft. (Please see Annexure II of the Rules).
Q. Our complex Gharonda Seshasai apartments is in Vijayapuri colony, South Lalaguda. To the best of our information, the builder has violated the sanctioned plan. He built flats on sixty percent of the sixth floor without approval and sold most of these flats. From floor one to the fifth floor, he built flats at the corners. It will be difficult to provide fire protection in the event of fire mishap. Now, our question is who should approach for regularisation? The builder or owners welfare association or individual owners?
Chandra Raju.
GHMC replies: (a) Flats constructed in the entire building including 6th floor will be penalized only after submission of NOCs from the Fire Services Department and Air Port Authority of India. The application for penalization shall be submitted within the stipulated two months and for submission of above NOCs, three months will be given. The Fire Services Department will give NOC after fulfilment of the required facilities as per G.O.Ms.No.154 M.A., (which may be seen in the GHMC website).
(b) The Individual flat owners including first to sixth floors shall apply independently or collectively for penalisation along with the ownership documents.
Q. This is regarding a portion of a 50-year-old house which comprised of two rooms and some open space measuring around 300 sq.yards in Secunderabad area. This was first sold in the year 1997 and then again and I purchased it in 2005. I demolished the old structure and constructed a Ground + 3 building without permission and the building is under 15m in height. I have secured all amenities like water, light & sewage connection and have a registered title deed of this property and all the original link documents and up to date municipal tax receipts from 1990.
My questions are: Under which category will my building be recognized? What will be the penalty per sq.ft in my case? What documents do I need to submit along with the application for recognition?
Kausar.
GHMC replies: The entire building will be treated as building without permission and penalization charges shall be paid on the entire built up area.
Q. We own a penthouse on the sixth floor of a building near Hasmathpet lake which was sold to us without the builder obtaining approval for the penthouse. However, the building has approval for five floors. The building is Stilt + 5 floors + one penthouse and is over 18 metres in height. The penthouse occupies less than 25 per cent of floor area and occupies a plinth are of 2,300 sft. The height of the penthouse is around 13 feet whereas average floor height is around 10 feet. The road around the buildings and distance between blocks is as per regulations.
Does this penthouse qualify to be penalised by BPS? If yes, what clearances are required (Fire, Airports, and Structural Engineer etc)? If yes, what penalisation charges will apply for this (Rate/sft or a flat rate of Rs 80,000)?
I’ve tried to asses this by looking at the FAQs and details in GO 901 of the AP Govt. However, I’m unsure of my conclusions and your advice will greatly reduce our anxiety.
Aditya G.S.
GHMC replies: Penalisation charges have to be paid at the rate of Rs.100 per sft. The pent house will be penalised only after submission of NOCs from the Fire Services Department and Air Port Authority of India. The application for penalisation shall be submitted within the stipulated two months and for submission of above NOCs, three months time will be given.
Q. I built a house (ground floor) in the year 2006 in West Rakshapuram on the basis of permission from a Notary. No permission was taken from the municipality. The houses in our colony were constructed by permission from the Notary only. The plinth area of the house is 805 sq.ft and plot area is 200 sq yds. Later the Government through a notification regularised the unauthorised construction after paying a sum of Rs.15,000 and I have been paying property tax on it ever since.
In the year 2002, I constructed a first floor and till now it has not been regularised. The area is about 800 sq ft. No property tax is being paid as the authorities refused to assess tax unless it is regularised. What is the amount to be paid by me for regularising the flat under the CDS?
A.S.Murti,
West Rakshapuram.
GHMC replies: Applicants having registered ownership documents / sites regularised by Government with a specific order are only eligible to apply under this scheme and Notary documents will not be accepted.
Q. I bought a residential flat at Prakash Enclave, Teachers colony, East Marredpally in the year 2002 on being told that 5th Floor is under BRS. The builder told me that compliance under GO Ms 505 MA dt 4-9-98 was done with and in few days time it will be regularised. Since three others had already occupied the flats in 5th floor, I ventured to buy the flat under the assurance from builder it will be regularised soon.
But for reasons best known to him, the builder simply vanished from the city overnight and was not traceable after wards. File no.3720 dtd. 29-8-1998 with receipts Rs.2,000/- paid on 29-8-98 and Receipt for Rs.8,000 paid on 31-12-98 were given to me in evidence of having paid regularisation under BRS. Now my question is whether this BRS amount paid under the above GO with no communication from MCH will be adjusted against penalty to be paid now against the current GO for BPS?
Or can we still hope to get a communication from MCH about regularisation? Or we should take shelter under the current BPS and forfeit amount paid under BRS scheme?
Vaman Rao,
Prakash Enclave, East Marredpally.
GHMC replies: There are no such specific instructions by the Government to adjust the amount paid in earlier BRS . However, the issue will be examined.
Q. CDS is really a serious problem. In this process of unauthorised constructions, many people are involved. The main actors are land owner, builder and buyers of flats. Builders get municipal permission for two storied buildings but construct three storeys and a pent house. The flats get sold out without proper scrutiny and the buyers do not verify the plan sanction and purchase them. The registrar register them, municipal authorities give flat numbers and property tax is collected. Thus there are several participants in this fraud.
Now the process of regularisation and payment of penalty arise. The main doubt is who should pay the fine or penalty, the buyer or builder or the land owner. If all of them have to share, how to catch hold of the builder or owner of the land? What is the legal remedy for this, please clarify.
Sreedhara Swamy
GHMC replies: The government examined all the above issues and announced the above scheme to bring all the unauthorized constructions into planning fold .
Q. This is with reference to the Clause No 3 of G O Ms 901.Erstwhile Rajendranagar Municipality issued notices to the builder of our complexes for violation of construction permission granted in 2001.Contesting the issuance of the notice arbitrarily, the builder filed a civil case in the R.R. District Court against the Municipality, got injunction, completed and sold the constructions by 2003.
The civil case was disposed off in favour of the Rajendranagar Municipality during end of the year 2006. The builder immediately filed appeal petition against the judgement pronounced in the same court and the case is still pending. The builder has retained the terrace rights of all the buildings constructed by him, which is clearly mentioned in all the registered sale deeds. Keeping all the points into account, please clarify as on date the builder or we the flat owners are the owners of the constructions? Who has to file the CDS and Fire Safety NOC applications and bear the penalties for the regularisation of the constructions?
T.R.MADHAVAN,
Happy Homes Housing Palace, Upparpally .
GHMC replies: The flat owners who have individual ownership documents have to apply for penalisation. Providing the fire safety requirements is the collective responsibility of the flat owners / builder (in case the builder has terrace rights).
Q. This is with reference to regularisation of a few flats in a multi storey building. In 1998, we applied for regularisation and there is record of payment also.
We were unofficially told that since there is no fire fighting equipment and clearance from airport authorities, we are not given clearance then. This being the case, are such applicants eligible for some concession or they have to apply afresh. What happens to the money paid earlier and the effort taken then for applying for regularisation? We have file numbers which are entered into the computer of the GHMC.
B. Krishnaveni
GHMC replies: There are no such specific instructions by the Government to adjust the amount paid in earlier BRS . However, the issue will be examined.
Q. Concerned authorities are requested to clarify the position in respect of apartments for which original builder/owner has applied under the Building Regularisation Scheme for deviations from the approved plan by paying the required amount to the MCH about 8 to 9 years back and the application is pending with them.
K. Raju,
Teachers Colony, East Maredpally, GHMC replies: If the regularisation orders are not received so far, fresh application has to be filed along with the prescribed fee. There are no such specific instructions by the Government to adjust the amount paid in earlier BRS . However, the issue will be examined.
Query corner
The Compulsory Disclosure Scheme (CDS) for regularising unauthorised buildings, constructions built violating the sanctioned plan and illegal layouts by paying heavy penalties has evoked much interest among the citizens. While the process of selling the application forms has begun, there are several issues where people want some clarity.
In an effort to clear doubts about the scheme, The Hindu Property Plus is offering to take up questions and clarifications of the readers to the municipal officials in the coming weeks.
The Greater Hyderabad Municipal Corporation (GHMC) officials will answer queries on any aspect of the CDS. Questions should be emailed to propertyplus.hyd@thehindu.co.in or posted to Property Plus, The Hindu, Begumpet, Hyd- 16.
In view of the overwhelming response to the query column, we are unable to carry all the questions by readers and the GHMC clarifications this week for want of space. They will be carried next week.
SOURCES:
The Hindu
Topics: Public Concerns, Property Matters, Govt In Action |
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