LexThe Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2006: Mah. IX] 1
THE REGULARISATION OF UNAUTHORISED DEVELOPMENTS IN THE
CITY OF ULHASNAGAR ACT, 2006
[Text as on 13th September 2024]
CONTENTS
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PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Regularisation of unauthorised developments.
4. Circumstances in which unauthorised development may or may not be regularized.
5. Consequences of regularisation.
6. Appeals.
7. Constitution of Infrastructure Development Fund.
8. Protection of action taken in good faith.
9. Removal of doubt.
10. Power of the State Government to give directions.
11. Power to make rules.
12. Repeal of Mah. Ord. I of 2006 and saving.
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LIST OF AMENDMENT ACT
1. Amended by Mah. 9 of 2023
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MAHARASHTRA ACT NO. IX OF 20061
[THE REGULARISATION OF UNAUTHORISED DEVELOPMENTS IN THE
CITY OF ULHASNAGAR ACT, 2006.]
[This Act received the assent of the Governor on the 21st April 2006; assent was first
published in the Maharashtra Government Gazette, dated the 21st April 2006.]
An Act to regularise unauthorised developments in the City of Ulhasnagar
and for matters connected therewith or incidental thereto.
WHEREAS there has been unauthorised developments in the City of Ulhasnagar on the
large scale;
AND WHEREAS such unauthorised developments were liable to be removed and pulled down;
AND WHEREAS by removal and pulling down of such unauthorised developments hardship to a
large number of people was likely to be caused;
AND WHEREAS it was expedient to have a law to provide for regularisation of certain
unauthorised developments in the City of Ulhasnagar and for matters connected therewith or incidental
thereto;
AND WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which
rendered it necessary for him to take immediate action to make a law, for the purposes hereinafter
appearing; and, therefore, promulgated the Regularisation of Unauthorised Developments in the City of
Ulhasnagar Ordinance, 2006 (Mah. Ord. I of 2006) on the 14th January 2006;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
it is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:—
1. Short title and commencement. — (1) This Act may be called the Regularisation of
Unauthorised Developments in the City of Ulhasnagar Act, 2006.
(2) It shall be deemed to have come into force on the 14th January 2006.
2. Definitions.— (1) In this Act, unless the context requires otherwise,—
(a) “Commissioner” shall have the meaning assigned to it in clause ( 9) of section 2 of the
Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);
(b) “Designated Authority” means the Designated Authority appointed under sub-section (5)
of section 3;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “unauthorised development” means the development carried out, without obtaining the
permission of the authority competent to give such permission or in contravention of the
permission.
(2) Words and expressions used but not defined herein shall have the respec tive meanings
assigned to them in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966),
or the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949).
3. Regularisation of unauthorised developments.— (1) Notwithstanding anything contained in
the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or the Bombay
Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949) or any rules, regulations or bye-laws
made thereunder (hereinafter referred to a s “the relevant law”), unauthorised developments carried out
1 For statement of Object s and Reasons of the L. A. Bill No. XXVIII of 2006, see Maharashtra Government Gazette ,
Extraordinary No. 13, Part V-A, dated the 27th March 2006, page 113.
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in the City of Ulhasnagar, before the 1 st January 2005, shall be regularised in accordance with the
provisions of this Act.
(2) (a) A notice issued to a person under the relevant law at any time before the 1st January 2005,
requiring such person to remove, pull down or alter unauthorised development carried out, owned or
occupied by him; or
(b) any order issued or decision taken under the relevant law at any time before the date of
commencement o f this Act, directing removal, pulling down or alteration of unauthorised
development carried out or discontinuance of any use of land or building owned or occupied by a
person,
shall, unless and until such notice, order or decision stands revived under sub-section ( 7), be
deemed to have stood suspended on the date of commencement of this Act.
(3) ( a) Notwithstanding anything contained in the relevant law or in the order issued or the
decision taken under such law, directing removal, pulling down or alter ation of unauthorised
development, or discontinuance of any use of land or building, the Designated Authority, either on the
basis of information available with it or on an application made to it, is of the opinion that,
unauthorised development carried ou t in the City of Ulhasnagar before the 1 st January 2005 may,
having regard to the provisions of section 4, be regularised, it may, within such period and in such
manner as may be prescribed, serve on such person a notice requiring him within such period not being
less than a month as may be specified therein to comply with requisitions made under section 4 and to
deposit the compounding fees 1[as may be prescribed] and the development charges leviable under
section 124B of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
2[* * *]
(b) The Designated Authority shall, as soon as may be, after service of notice to a person
under clause ( a), cause the substance thereof to be publ ished for the information of the general
public, in such manner as may be prescribed.
(4) (a) Upon the compliance of requisitions made under section 4 and on the payment of
compounding fees and development charges under sub-section (3), such development shall cease to be
unauthorised and Designated Authority shall issue a certificate to that effect. If the Designated
Authority decides not to regularise the unauthorised development, the decision shall be communicated
to the person concerned.
(b) (i) The Designated Authority shall, constitute a committee of experts, consisting of three
persons, who, in the opinion of the Designated Authority, have knowledge of, and experience in,
structural engineering, fire fighting and town planning, respectively;
(ii) the Designated Authority shall, before receiving the fees and development charges
and issuing the certificate under clause ( a), consult the committee constituted under
sub-clause (i), on the question as to whether the person has complied with the fire safety
measures and structural stability requirements, as per the National Building Code and the
Indian Standard Specifications for the time being in force; and it shall be the duty of the
committee to advise the Designated Authority on the question so referred;
(iii) the Committee shall follow such procedure for disposal of its business as may be
determined by the Designated Authority.
(5) The State Government may, by notification in the Official Gazette, appoint the Commissioner
or an officer not below the rank of Deputy Secretary to Government to be the Designated Authority,
for the purposes of exercising the powers and discharging the duties under this Act and different
Designated Authorities may be appointed for different areas of the City as may be specified in the
notification. The Designated Authority shall receive such monthly salary and allowances from the
Municipal Fund of the Municipal Corporation of the City of Ulhasnagar, as the State Government may,
from time to time, determine.
1 These words were substituted for the words “determined in accordance with the Table below” by Mah. 9 of 2013, s. 2(1).
2 TABLE OF FEES was deleted by Mah. 9 of 2023, s. 2(2).
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(6) Any amount deposited by a person with the Municipal Corporation of the City of Ulhasnagar
against unauthorised development shall be set -off against the fees to be paid by him under
sub-section (4).
(7) Where no notice is served upon a person under sub -section (3) within t he period prescribed
under that sub-section or where a notice is served upon a person under sub -section (3) but a certificate
is not obtained by him under sub-section (4) within such period as may be prescribed, the notice, order
or, as the case may be, the decision referred to in sub-section (2) shall stand revived.
4. Circumstances in which unauthorised development may or may not be regularized. —
(1) An unauthorised development shall not be regularised under sub -section ( 3) of section 3, if it is
carried out on,—
(i) land under alignment of existing public roads or an internal road, of approved layout;
(ii) water courses and water bodies like tank beds, river beds, natural drainage and such
other places; and
(iii) areas earmarked for the purpose of obnoxious and hazardous industrial development.
(2) Unauthorised development may not be regularised if it is inconsistent with,—
(a) fire safety measures under the relevant law; and
(b) structural stability requirements as per the National Building Code and the Indian
Standard Specification (prescribed by the Bureau of Indian Standards) for the time being in force:
Provided that, if the applicant furnishes to the Designated Authority, a certificate from the Chief
Fire Officer of the Municipal Corporation of the City of Ulhasnagar or the s tructural engineer
authorised by it certifying compliance of provisions of clause ( a) or ( b), as the case may be,
unauthorised development may be regularised.
(3) (a) The Designated Authority may regularise any unauthorised development in respect of the
following matters, namely:—
(i) Margins and setbacks;
(ii) Floor Space Index (F.S.I.);
(iii) Covered projection;
(iv) Change of use;
(v) A common plot and a consolidated open plot;
(vi) Height of a building;
(vii) Parking deficiency:
Provided that, the Designated Authority shall not regularise unauthorised developments having
1[Floor Space Index (F.S.I.) more than the Floor Space Index (F.S.I.) as specified in the Unified
Development control and Promotion Regulation s for Maharashtra as applicable to the Municipal
Corporation of City of Ulhasnagar] and projections beyond plot boundary and the change of use which
in the opinion of the Designated Authority may cause danger to health or lead to hazard.
(b) The Designated Authority may regularise any unauthorized development, in so far as
sanitary facilities are concerned, on providing necessary sanitary facilities by the applicant, as
may be directed by the Designated Authority.
(4) Notwithstanding anything contained in clause (b) of sub-section (2), the Designated Authority
may, for the purpose of regularisation, direct making of provisions in the unauthorised development as
follows, namely:—
1 These words, brackets and letters were substituted for the words, letters, brackets and figures “Floor Space Index (F.S.I.)
more than 4.00” by Mah. 9 of 2023, s. 3.
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(a) in the case of buildings with 100 per cent. built -up area with no space for water storage
tank and installation of fire pumps a nd no provision of alternate means of escape or no provision
for fixed fire fighting installations, the Designated Authority may, i n consultation with the Chief
Fire Officer of the Municipal Corporation of the City of Ulhasnagar, direct the person to provide
such fire safety measures as may be specified in the direction within a period of three months
from the date of such directions;
(b) in the case of building where no space is available within the complex in which they are
situated for the construction of underground water storage tank and installation of fire pumps but
adequate means of escapes are available, the Designated Authori ty may direct the person to
provide common water storage tank and fire pump in such complex at suitable location within a
period of three months from the date of direction;
(c) in the case of high rise buildings having height of fifteen meters or exceeding fifteen
meters, the Designated Authority may permit a person to install diesel generating set instead of
electric supply to the main fire pump within a period of three months.
5. Consequences of regularisation. — (1) Notwithstanding anything contained in any other law
for the time being in force, the unauthorised development on being regularised, shall be deemed to
have been exempted under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976
(33 of 1976) from the provisions of Chapter III of th e said Act, the Government land under
encroachment shall be deemed to have been transferred in favour of encroachers, subject to the
payment of price of land , as may be determined by the Collector of District of Thane, and stand
converted to non -agricultural use for all purposes of the Maharashtra Land Revenue Code, 1966
(Mah. XLI of 1966), subject to the payment of non -agricultural assessment and the other statutory
terms and conditions, if any, of such conversion and the provisions of the Development P lan or the
Regional Plan, as the case may be, shall so far as such development is concerned, stand modified or
relaxed, to the extent of regularisation.
(2) On such regularisation of unauthorised development under section 3, all court cases or other
proceedings, filed by the Municipal Corporation of the City of Ulhasnagar and pending in any court in
so far as they relate to such unauthorised development, shall abate.
6. Appeals. — (1) Any person aggrieved by the order or decision of the Designated Aut hority
under clause (a) of sub-section (4) of section 3 may, within thirty days from the date of the receipt of
the order, prefer an appeal to an Appellate Officer, who shall be a person who has held the office of
District Judge or Secretary to the Governm ent of Maharashtra, for a period not less than one year and
appointed in this behalf by the State Government:
Provided that, the Appellate Officer may entertain the appeal after the expiry of the said period of
thirty days if he is satisfied that the appel lant was prevented by sufficient cause from filing the appeal
in time.
(2) On receipt of an appeal under sub -section ( 1), the Appellate Officer may, after giving the
appellant an opportunity of being heard, pass an order confirming, modifying or canceling the order
appealed against.
(3) The decision of the Appellate Officer shall be final and shall not be questioned in any court
of law.
(4) No appeal under this section shall be entertained by the Appellate Officer unless it is
accompanied by Court fee stamp of one hundred rupees.
(5) The Appellate Officer shall receive from the M unicipal Fund of the Municipal Corporation of
the City of Ulhasnagar, such monthly salary and allowances as the State Government may determine,
from time to time.
7. Constitution o f Infrastructure Development Fund. — Subject to the rules made under this
Act, all fees received under this Act shall be credited to a fund which shall be called the Infrastructure
Development Fund and which shall be held by the Designated Authority in trus t for the purpose of
augmentation, improvement or creation of an infrastructure facility.
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8. Protection of action taken in good faith. — (1) No suit, prosecution or other legal
proceedings shall lie against any officer or authority for anything which is in good faith done or
intended to be done in pursuance of this Act or any rules made thereunder.
(2) No suit or other legal proceedings shall lie against the State Government or any officer or
authority for any damage caused or likely to be caused by anythin g which is in good faith done or
intended to be done in pursuance of this Act or any rules made thereunder.
9. Removal of doubt. — For the removal of doubt, it is hereby declared that regularisation of
unauthorised development under this Act shall be without prejudice to any civil or the criminal liability
to which a person may be subject to under any other law for the time being in force.
10. Power of the State Government to give directions.— (1) The State Government may issue,
from time to time, directions to the Municipal Corporation of the City of Ulhasnagar, as it may deem
fit for giving effect to the provisions of this Act and it shall be the duty of the corporation to comply
with such directions.
(2) If in, or in connection with, the exercise of its powers and discharge of its functions by the
Designated Authority under this Act dispute arises between the Designated Authority and the
Municipal Corporation of the City of Ulhasnagar, the dispute shall be referred to the State Government
and the decision of the State Government thereon shall be final.
11. Power to make rules. — (1) The State Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) Except when the rules are made for the fir st time, all rules made under this Act shall be
subject to the condition of previous publication.
(3) In particular and without prejudice to the generality of the foregoing provisions, such rules
may provide for all or any of the following matters, namely:—
(i) the period within which and the manner in which a notice shall be served under
sub-section (3) of section 3 and the manner of publication of substance of notice under clause ( b)
of that sub-section;
(ii) any other matter, which is to be or may be prescribed.
(4) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each
House of the State Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session or session s immediately following, both Houses agree in making
any modification or both Houses agree that the rule should not be made, and notify such decision in the
Official Gazette, the rule shall, from the date of publication of such notification, have effect only in
such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done or omitted to be done
under that rule.
12. Repeal of Mah. Ord. I of 2006 and saving. — (1) The Regularisation of Unauthorised
Developments in the City of Ulhasnagar Ordinance, 2006 (Mah. Ord. I of 2006), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification
issued) under the said Ordinance shall be deemed to have been done, taken or issued, as the case may
be, under the corresponding provisions of this Act.