UDD ends confusion on pre-sanctioned projects By Vikas Vaidya : No clarity on Gaothan issue as it by State Clarification is a relief for developers as permissions granted to projects before Dec 2 2020 would not be covered by fresh guidelines The Urban Devevelpment Department (UDD) of Maharashtra has issued clarification regarding clause 1.5 subclause a to h of Urban Development Control and Promotion Regulations (UDCPR) published on December 2 2020. The clarification published on March 1 2021 has come as a huge relief for the developers as no fresh guidelines are made mandatory for valid permission granted before December 2 2020. At the same time the Gaothan issue related to Nagpur Metropolitan Regiona Development Authority (NMRDA) is pending. This has resulted in one more development wherein even after the clarification from the Government about subclauses NMRDA officials refused to continue prior permissions granted to many layouts citing the reason that no clarification regarding Gaothan has received yet. A special committee under the chairmanship of Director Town Planning Maharashtra State Pune was constituted by the State Government which submitted its report on February 12 2021 since December 3 2020 the planning authorities of Nagpur including Nagpur Metropolitan Region Development Authority (NMRDA) and Nagpur Municipal Corporation (NMC) were in confusion about the interpretation of clause 1.5 a to h of UDCPR. The developers and builders were not given permission to continue development as per the terms and conditions prior to publishing UDCPR. This has created a chaos as many developers have already sanctioned their projects and paid the charges/premium as per erstwhile regulations. The authorities forced them to re-sanction the project as per the new norms which was practically impossible. But as far as Gaothan issue in areas coming under the jurisdiction of NMRDA concerned no clarification has been issued by the state government yet. According to Nagpur citys developers and builders the Government is giving step-motherly treatment to the city. According to them if development permission is not granted in the vicinity of existing Gaothan in villages coming under the jurisdiction of NMRDA it will lead to mushrooming of unauthorized layout on one hand and depletion of revenue of NMRDA. Guardian minister and all politicians should pursue this matter and get the clarification regarding Gaothan issue. The then Chairperson of NMRDA Sheetal Teli Ugale had been to Mumbai on December 15 2020 and submitted the letter regarding the Gaothan issue. She had requested to include Appendix. L of DCR of NMRDA. But even after nearly 3 months no clarification has been given by the state government. About Gaothan issue In 2018 the Appendix L of Development Control Rules of NMRDA had specified the construction work to be done within the Gaothan limit. It had given the limit also. The NMRDA DCR had specified that in the villages rural area or rural centre excluding the area of under nine urban centres residential development or development allowed in residential zone may be permitted with in the periphery of Gaothan boundary as per the criterion. The criterion was the village with population upto 5000 will have gaothan limit upto 750 meter while the village with more than 5000 population will have 1000 meter its gaothan boundary. The Unified DCR has not specified the residential development in rural area/rural centres excluding the areas of nine urban centers of NMRDA. These nine urban centers include Besa Beltarodi Shankarpur Panjri etc upto Jamtha. The DCPR of 2018 had said that the regulations would be applicable in respect of residential zone. Whether the conditions of Appendix - L mentioned in DCR of NMRDA (published on January 5 2018) are still applicable is a million dollar question. Another issue comes out of this confusion is what is the Land use of those lands which are in the rural area/rural centers of NMRDA and located within 750 meter or 1000 meter from Gaothan boundary? UDCPR has not specified any new rules that allow residential use in Gaothan boundary. Even NMRDA authorities are seeking clarifications from experts/officials of Mantralaya in this regard. The Town Planning department of NMRDA is in fix and hesitant to issue Part Plan (Bhaag Nakasha) a document which is for land use certificate from developing authority on which depends the market valuation (RR rates) of land and stamp duty to be paid to the Government.

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