Goa government regularises 13,000 illegal homes in orchard lands – ET RealEstate

PANAJI: The state cabinet on Monday approved an amendment to the Goa Regulation of Unauthorised Construction Act, 2016, which will now facilitate the regularisation of unauthorised constructions in orchard and cultivable land which fall under eco-sensitive zone-II.

With this decision around 13,000 houses would be regularised across the state. The bill will be introduced in the upcoming assembly session.

Speaking to reporters, chief minister Pramod Sawant said that since these houses were constructed in orchard and agriculture land, and fell in the eco-sensitive zone-II areas, the government was not in a position to regularise such houses earlier. “To regularise such houses, we have removed orchard and cultivable lands from eco-senstive zone-II and we have given the green signal to regularise such houses. Around 13,000 files are pending and this will be cleared. This act would be people-friendly,” he said.

Any person who carried out such unauthorised constructions before February 28, 2014 were eligible to apply for regularisation of the unauthorised structure. The government had twice extended the last date to receive applications.

Earlier unauthorised constructions that fell within the limits of protected forests, wildlife sanctuaries, areas covered under the coastal regulation zone (CRZ), no-development zone, open spaces, public land, areas declared eco-sensitive zones, khazan land and those that obstructed natural water channels were not considered for legalisation.

Sawant said that the second cabinet decision is to remove the fee to be paid by various government departments to obtain conversion sanads to take up development work. He also said that it has come to the government’s notice that due to the delay in paying conversion fees, projects were getting delayed and with this decision, projects now can be fast-tracked. “Without paying the conversion fee, departments will get permissions to take up projects,” Sawant said.

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Mumbai: Adarsh housing society plea for building regularisation rejected – ET RealEstate

MUMBAI: An application by the members of the controversial Adarsh housing society in Colaba seeking post facto Coastal Regulation Zone (CRZ) clearance and regularisation of the construction has been rejected.

The Maharashtra Coastal Zone Management Authority (MCZMA), in its decision on December 21, observed that “the CRZ notification of March 6, 2018, for post facto clearance cannot be applied to the proposal of Adarsh CHS Ltd as it is not otherwise permissible”.

The authority noted that the Bombay high court had dealt with the matter in detail, and in its April 2016 order, and that the court had observed that the petitioners (Adarsh CHS) had consumed 2.932 floor space index (FSI) against the permissible 1.33.

It further observed that the entire 31-storey construction carried out by the petitioners was illegal and in defiance of the Environment Protection Act and the Maharashtra Regional Town Planning Act.

The MCZMA, while noting the sequence of events in its order, pointed out that in the special leave petition filed in 2016, the Supreme Court had not expressly stayed the HC order. In conclusion, the authority said, “The HC order is still in force and the MCZMA is duty-bound to abide by the findings and observations dated April 29, 2016, passed by the high court in the Adarsh CHS matter.”

In November 2019, the members had approached the MCZMA for post-facto CRZ clearance. The MCZMA at the time had noted that the matter involved two plots and the property card did not bear the name of Adarsh CHS Ltd as a single owner. Amalgamation of the two plots was not done and hence the FSI of the BEST plot could not have been utilised on the Adarsh plot.
Mumbai: Adarsh housing society plea for building regularisation rejectedMCZMA forwarded the matter to the Union ministry of environment and forests (Mo-EF), which then directed the authority to make a specific recommendation in consonance with the March 2018 CRZ notification. The notification states, “All activities which are otherwise permissible under the provisions of this notification but have commenced construction without prior clearance would be considered for regularisation only in such cases wherein the project applied for regularisation in the specified time and the project which are in violation of CRZ norms would not be regularised.”

The authority has decided that the proposal can’t be recommended to the MoEF for regularisation as per the 2018 notification and this would be communicated to the ministry.

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Chennai: ECR residents served de-occupation notice for CRZ violation – ET RealEstate

CHENNAI: The city corporation has started serving de-occupation notices to buildings between Neelankarai and Uthandi on East Coast Road that were constructed in violation of the Coastal Regulation Zone (CRZ) norms.

Resident groups have alleged that this is a vindictive move by Greater Chennai Corporation as residents on the stretch were the ones who had dragged the civic body to court over the construction of a network of stormwater drain channels in the area.

According to a senior official from the Shollinganallur zone (zone 15) of the corporation, under which this area falls, notices had been served to eight buildings in the last few days. Sources said that these notices were sent on December 16 under section 56, sub section 2(A) and 57 of the Town and Country Planning Act, 1971 and the residents were told to vacate the premises within 15 days.

“However, it has nothing to do with the protest and court case against the construction of storm water drains,” the official said. The action was initiated based on a complaint the corporation received regarding unauthorised buildings on the stretch, he added.

The allegedly unauthorised buildings are already the subject of cases in the Madras high court, residents of the area said.

The corporation official said the civic body had identified around 800 buildings which were allegedly constructed in violation of CRZ norms.

In the notices served to the residents, the corporation said the owners of the unauthorised buildings did not produce an approved plan copy in the stipulated time and hence a lock and seal notice was issued.

The residents are currently engaged in a court case with the corporation in the Southern Bench of the National Green Tribunal (NGT) over the construction of a storm water drain project in the areas adjoining the beach. The project is being funded by German kfW bank.

In a letter to the bank on December 16, the residents’ collective had alleged that the drain project itself was in violation of the relevant CRZ norms.

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