Telangana Regularization of unapproved and illegal layout Rules, 2015

GOVERNMENT OF TELANGANA
ABSTRACT
Telangana Regularization of Unapproved and Illegal Layout Rules, 2015 - Orders –
Issued.
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT
G.O.MS.No. 151 Dated: 02/11/2015

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ORDER :
Government of Telangana with a view to promoting planned development of
urban areas in the State are encouraging development through approved layouts and
development of integrated townships through both public and private initiative. However,
Government has observed that there are many unapproved and illegal layouts which
are not only in violation of the Statutory Development Plan/Master Plan and Layout
Rules but also deficient in layout norms and development standards and lacking in
basic civic infrastructure facilities like proper roads, street lights and drainage. On
account of the above, frequent complaints are being received from the public. Such
substandard and unapproved sub-divisions of land into building plots is not only
defeating the very objective of planned development but also affecting the planned
extension of services and amenities by the local bodies. Government have in the past
brought out a scheme of regularization of such unapproved layouts but they met with
limited success since it was a voluntary scheme with onus on plot owners to come
forward for regularization and there were no deterrent provisions against the owners
who did not come forward for regularization. Therefore in order to bring all these
unplanned areas into the fold of planned development and to provide basic facilities in
these areas so as to promote an overall and integrated area and city level development
and a better quality of life for the citizens, Government hereby issue the Rules for
Regularization of Unapproved and Illegal Layouts.
2. Accordingly, the following notification shall be published in an Extraordinary issue
of Telangana Gazette dated: 03.11.2015

NOTIFICATION

In exercise of powers conferred in Section 58 of the Telangana Urban Areas
(Development) Act, 1975, Section 585 of the GHMC Act, 1955, Section 44 (2) (v) of the
Town Planning Act, 1920; Section 326 (1) of the Telangana Municipalities Act, 1965 and
Section 56(1) of HMDA Act 2008, the Government of Telangana hereby makes the
following rules namely
1 (a) These Rules may be called “ Telangana Regularization of
unapproved and illegal layout Rules, 2015 “
(b) It shall be deemed to have come in to force with effect from 28.10.2015.
2. Applicability:
(a) These Rules shall be applicable to Hyderabad Metropolitan Development
Authority, Kakatiya Urban Development Authority and Basara Urban
Development Authority, Municipal Corporations, Municipalities and Gram
Panchayats falling in the Master Plan limits in the State of Telangana.
(b) These Rules and conditions herein shall be applicable to all existing
unapproved sub-division of plots, existing unapproved layouts or ventures
promoted by land owners/ private developers/ firms/ companies/ property
developers /Societies where the plots have been sold by registered sale
deed on or before 28.10.2015.

(c) These Rules are only intended for regulating the unplanned development
and shall be applicable to all unapproved layout areas which have
clearance from the competent authorities under the Urban Land Ceiling
and Regulation Act 1976, AP Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973 wherever required and which have not been entered
in the Prohibitory Register of lands maintained by the Revenue
Department. The Regularisation measure would not absolve the plots or
layout from the application of Land ceiling Laws, land disputes or claims
over title, boundary disputes, etc. In respect of assigned lands, prior
clearance from the District Collector shall be obtained.
(d) In the event of only some plot holders coming forward for regularization in
an unapproved layout, the layout pattern as approved by the competent
authority shall be applicable to the entire layout area. The local authority
shall be responsible for enforcing such approved layout pattern.
3. Definitions:
(a) unapproved/Illegal layout” means sub-division of land into plots with or
without developed roads, open spaces and amenities and without the
approval of the competent authority.
(b) “Competent Authority” means
(i) Metropolitan Commissioner in case of areas (expect GHMC area)
falling within HMDA limits.
(ii) Commissioner, Greater Hyderabad Municipal Corporation in case
of areas falling in GHMC limits.
(iii) the Vice Chairman of the Urban Development Authority in case of
areas falling in UDA limits;
(iv) The Commissioner of Municipal Corporation in case of areas falling
in Municipal Corporations and not covered by Urban Development
Authorities;
(v) Municipal Commissioner in case of Municipalities and Nagar
Panchayats not falling within the jurisdiction of Urban Development
Authorities.
(vi) The Gram Panchayats in respect of Gram Panchayat areas
covered by Master Plan and falling outside Municipal limits and
UDA areas .
(c) “Minimum standards of layout development” means the standards of
facilities and amenities as prescribed by the Competent Authority in
approving such unapproved layouts
(i) “Minimum standards of layout norms” means the standards of
layout norms and pattern as prescribed by the competent authority
in approving such unapproved layouts
(ii) “Plot holder” means a person on whose name the plot is
registered with a registered sale deed executed on or before
28.10.2015.
Terms and expressions which are not defined in these Rules shall have the same
meaning as in the respective Rules / Regulations / Bye-laws of the respective local
authorities and as defined in the National Building Code or relevant Acts as the case
may be, unless the context otherwise requires.
4. Cut-off date for considering regularization of unapproved layouts:
Only those unapproved layouts and sub-division of plots with registered sale
deed / title deed existing as on 28.10.2015, shall be considered for regularization
under these rules. As proof and evidence, the plot holder/Land owner/
Association/ Society/Colony developer is required to furnish copies of the sale
deed/title deed. Agreement of sale or General Power of Attorney shall not be
considered as evidence.
5. RESTRICTIONS ON APPROVAL IN VICINITY OF CERTAIN AREAS:
(a) No layout/development activity shall be allowed in the bed of water bodies
like river, or nala, and in the Full Tank Level (FTL) of any lake, pond,
cheruvu or kunta and in shikam lands.
(b) The above water bodies and courses shall be maintained as
recreational/Green buffer zone, and no layout development activity other
than recreational use shall be carried out within:
(i) 30 m from the boundary of river course/ Lakes of area of 10 Ha
and above;
(ii) 9 m from the boundary of lakes of area less than 10 Ha/
kuntas/shikam lands;
(iii) 9 m from the boundaries of Canal, Vagu, etc.
(iv) 2 m from the defined boundary of Nala
(c) Unless and otherwise stated, the area and the Full Tank Level (FTL) of a
lake/kunta shall be reckoned as per the Master Plan/Revenue
Records/Irrigation records.
(d) Unless and otherwise specified in the Master Plan/Zonal Development
Plan,
(i) In case of (b) (i) above, in addition to development of
recreational/green belt along the foreshores, a ring road or
promenade of minimum 12m width may be developed, wherever
feasible.
(ii) The above greenery/landscaping and development shall conform to
the guidelines and provisions of the National Building Code of India,
2005.
(e) For layout development activity within the restricted zone near the airport
or within 500 m distance from the boundary of Defense areas/ Military
establishments, necessary clearance from the concerned Airport
Authority/ Defense Authority shall be obtained.
(f) In case of sites in the vicinity of oil/gas pipelines, clear distance and other
stipulations of the respective authority shall be complied with.
(g) For areas covered under G.O.Ms.No.111 M.A & U.D Dept., dated 8-3-
1996 (protection of Catchment area of Osmansagar and Himayatsagar
lakes), apart from the provisions of statutory Master Plan of HMDA/
HADA, the restrictions on layout and development activity imposed in the
said Government orders would be applicable.
(h) No approval shall be considered in sites which are earmarked for
Industrial Use Zone/Recreational Use Zone/Water Body/Open space use
in notified Master Plans/Zonal Development Plans.
(i) Open Spaces earmarked in any approved layout shall not be considered
for regularization under these Rules.
6. Compulsory Application for Regularization
It shall be compulsory for all plot owners in unapproved layouts to file an
application in the prescribed format for regularization of the plot/layout before the
Competent Authority to apply for regulation for plots having registered sale deed
executed on or before 28.10.2015 within 60 days from the date of notification of
these Rules duly enclosing the following documents:
(a) Copy of registered sale deed/title deed executed on or before 28.10.2015
duly attested by a Gazetted officer.
(b) Location Plan
(c) Detailed Layout Plan drawn to scale showing plotted area, open area,
area under roads and the plot/ plots applied for regulation.
(d) (i) Urban land Ceiling Clearance Certificate in case the site is covered by
10(6) of ULC Act or
(ii) ULC Regularization order from Government issued under
G.O.Ms.No.455 and 456 Revenue dt. 29-7-2002 if any.,
(e) Indemnity Bond in the format prescribed
(f) NOC from Defense Authority/Airport Authority of India (wherever
applicable)
(g) Any other document as required by the Competent Authority.
Application for regularization of unapproved layout and subdivision of plots
can also be made by a society/association/colony developer representing
the plot owners in unapproved layout. In such cases the said
association/colony developer representing the plot owners in unapproved
layout, shall be wholly and severally responsible for undertaking the
deficiencies in such unapproved layouts, undertaking to comply with the
conditions and pay the requisite fees and charges as prescribed in these
rules to the competent authority. The society/association/colony developer
representing the plot owners in unapproved layout shall select any of the
three members among themselves called “Resource persons” who would
be responsible for all dealings on behalf of the society/association/colony
developer representing the plot owners in an unapproved layout.

7. In cases where an application is received in a site that is contrary to the land use
stipulated in the statutory plan, the competent authority shall have the power of
approving the case except those specified in rule 5 above by levying the
necessary conversion charges.
8. Payment of Regularization charges / Pro-rata open space charges
(a) The applicant shall pay the fees and charges as detailed below:
(i) Basic regularization charges which are inclusive of betterment
charges, development charges and layout scrutiny charges, penalty
and other charges, at the following rates:

TABLE – I

BASIC REGULARISATION CHARGES

The actual regularization charges will be the percentage of basic
regularization charges and shall be calculated based on the land value prevailing
as on 28.10.2015 as given below.
TABLE - II
REGULARISATION CHARGES WITH REFERENCE TO THE LAND VALUE

(ii) Pro-rata open space charges: If 10% open space is not available
in the un-approved layout pro-rata open space charges @ 14% of
the plot value prevailing as on the date of registration of such plot
shall be paid.
(iii) Conversion charges as prescribed in rule 7 of the Rules.
(b) The above charges may be remitted in full at the time of submission of
application form or 10% of the penal amount or minimum Rs.10,000/- shall
be paid along with the application form and balance amount shall be paid
within 6 months from the date of submission of application.
9. Scrutiny and approval by the Competent Authority:
(a) After receipt of an application for regularization of layout with necessary
documents and plans, the Competent Authority in respect of areas falling
in the limits of Urban Development Authority shall scrutinize application as
per these Rules, carry out necessary inspections and in case the
application is found in accordance with these Rules and after the owner
hands over the open spaces if any to the concerned Municipality/Municipal
Corporation/local body, the Competent Authority communicate it’s
approval to the applicant as early as possible but not beyond six months
from the last date of receipt of Applications fixed.
(b) In case of applications which are found to be not in accordance with these
Rules, orders shall be issued rejecting such applications as early as
possible but not beyond six months from the last date of receipt of
Applications fixed.
(c) In case of Municipalities/Municipal Corporations falling outside UDA area,
or in case of Gram Panchayats covered in Master Plan limits of non-UDA
areas, the Competent Authority after scrutiny with respect to Master Plan
and as per these Rules and after carrying out necessary site inspection
shall submit remarks to the Director of Town and Country Planning for
technical approval or the official authorized by the Director of Town &
Country Planning in this behalf. After receipt of technical approval, the
Competent Authority shall communicate it’s approval or rejection to the
applicant as early as possible but not beyond six months from the last
date fixed for receipt of Applications.
(d) In case of application for individual plot which is not affected by any
Change of Land Use or Master Plan roads, such cases may be processed
and disposed at the level of Competent Authority only.
(e) The Competent Authority may engage the services of licensed technical
personnel, namely architects and graduate engineers, for scrutiny of the
applications and for field inspections. Mere receipt of application or any
delay in communication of final orders in the matter will not imply the
approval of the application.
10. Norms to be insisted for regularization of unapproved layouts:
The Competent authority shall ensure the following minimum norms of layout for
such layouts:
(a) The road width shall be minimum 9 m. In case of weaker section layouts
or plots less than 100 sq m, the road width may be 6 m. In case required
road width is not available required depth for widening equal on both sides
shall be insisted.
(b) Shall ensure overall connectivity and integration with surrounding
infrastructure and road pattern.
(c) Where an unapproved layout site is affected in the Statutory Master Plan
road network, the competent authority shall retain the alignment in the
said layout and if not feasible, he is authorized to suitably modify the
alignment within the layout site but in no case the alignment is to be
dropped.
(d) The layout pattern as far as possible shall be retained ipso facto and only
in exceptional cases like need for connectivity, integration with
surrounding network, etc. modifications may be considered by the
Competent Authority.
(e) Private water bodies if any shall be preserved in the layout. Such water
bodies may be considered as part of open spaces as required under (b)
above, subject to taking up protection and improvement of foreshores of
such water bodies.
11. Minimum Standards of layout facilities and development to be undertaken:
(a) All roads to be developed and black–topped
(b) Drainage works including rain water harvesting facilities
(c) Water supply and sewerage facilities
(d) Street Lighting
(e) Fencing of open spaces
12. Individual plot regularization:
Where an individual comes forward for regularization of a single plot, the
Competent Authority shall consider the same subject to the condition in rule 2 (d)
and rules 5 to 8 regarding payment of regularization charges and open space
charge payable on pro- rata basis.
13. Failure to come forward for regularization of unapproved layouts/plots:
Where an application is not filed for regularization of unapproved layout/plot, the
following consequences have to be faced by the plot owners:

(a) Such unapproved layouts/plots would be treated as continuing offence
and exemplary penalty as per law would be levied.
(b) No regular water supply connections and services like drainage and
sewerage would be extended.
(c) Such unapproved layouts shall be recorded in the Prohibitory Register of
the Registration Department and no sale /disposal or transactions shall be
allowed in such sites.
(d) No building approvals shall be considered by the building sanctioning
authority in such unapproved layouts/plots
(e) Other enforcement action including demolition of the building if any on
such plot/plots shall be initiated.
14. Amount levied to be kept in separate account:
The amount collected by the Competent Authority under these Rules shall be
kept and maintained under the control of the Competent Authority in a separate
escrow account and utilized only for improvement of amenities in the area.
The Competent Authority shall review the development works undertaken by
the UDA/ local authority relating to such unapproved layouts on a quarterly basis
and shall have the power to issue necessary instructions and directions in this
regard.
15. Appeal:
(a) Any applicant aggrieved by an order passed by the Competent Authority
under rule 9, may prefer an appeal to the Appellate Committee
constituted by the Government within thirty days from the date of receipt
of the order provided the applicant has paid the necessary charges and
submitted documents as specified in rule 6 of these rules.
(b) All the appeals shall be disposed off within six months.
16. The Government may issue guidelines to operationalise these rules as deemed
fit.
17. All existing Rules, Regulations, Bye laws and orders that are in conflict or
inconsistent with these Rules shall stand modified to the extent of the provisions
of these rules.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
M.G.GOPAL
SPECIAL CHIEF SECRETARY TO GOVERNMENT

2. SELF-COMPUTING TABLES FOR CALCULATION OF PRO-RATA CHARGES,
SHORTFALL OF OPEN SPACE CHARGES & OTHER CHARGES PAYABLE
(Fill up the table applicable)

TABLE-I