Yuva Sai Sagar

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Author: Abhishek Shrivastava

Soon, ancient havelis, forts to be in commercial use

Ancient heritage havelis and forts can be used for commercial purpose now, with a rider of not altering their traditional look. The user will have to file affidavit for this. Soon, the state government will implement state heritage conservation and protection rules.Local self-government department has prepared draft of state heritage conservation and protection rules for conservation of heritage buildings, folk art, culture, dance and paintings. The proposal has been sent to LSG minister Srichand Kriplani’s approval.The BJP government had tabled Rajasthan heritage conservation bill in the state assembly two years ago. However, it faced opposition from its own ministers and MLAs who belonged to erstwhile royal families. They were not happy about government interference in conservation of private heritage buildings forcing the government to withdraw the bill.Now, the government has come up with state heritage conservation and protection rules, which unlike the bill does not have strong provisions regarding government interference.Notably, any heritage building can be used commercially, even if it is in non-commercial zone in the master plan.The owner of the building will have to give affidavit for not distorting the heritage look of the building. However, repair will be allowed, keeping the traditional look of the building intact. While the owner will get 25% rebate in urban development tax for conservation of building. All concessions entailed in tourism policy will be extended to heritage conservation projects. While the proposed state heritage council can enter an agreement with the building owner for heritage conservation, government will not be responsible for heritage conservation of private buildings. Also permission for commercial use will be withdrawn if the heritage look is distorted.Highlights of rules to beState heritage council to be constituted Principal Secretary LSG will head the council Council will categorise heritage on basis of aesthetics, history, culture, scientific, social and spirituality State heritage centre to be formed to give technical advice Heritage buildings will receive grades 1, 2 and 3 City heritage cell to be constituted in all cities headed by municipal body chairman Unified building bylaws to be issued for construction in heritage buildings and their vicinity Construction permission as per advice of council Conservation area to be notified in periphery of the building

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‘Snubbing HC order’, Vasundhara Raje government all set to bring regional, urban planning act

How to circumvent a court order? No one knows it better than the lawmakers. Therefore, it was not surprising when Vasundhara Raje government decided to bring in a new law – Rajasthan Regional and Urban Planning Act.There were apprehensions and rightly so that the government was bringing this law to facilitate illegal constructions and encroachments in the election year.Several provisions in the proposed law are aimed at circumventing the high court order, which makes zonal plan for regularisation. The high court order had come after a petition was filed by Gulab Kothari.However, going against the letter and spirit of the high court order, the state government has proposed zonal development plans within the master plans of various cities. Keeping this in mind, the government is implementing the state level act.The UDH and the Law department have arrived at consensus regarding draft of the new bill. Soon, it will be introduced through an ordinance. All master plans would be notified under this act, subsequently zonal development plans will be prepared as part of the master plans.However, the experts believe that the whole exercise was to evade the court’s restrictions. With this act, the government can create regional plan and master plan of an urban area. However, it would depend on how the court views this new act even though the government considers it a master stroke. Regularisation ProvisionsUnified development control regulations proposed For uniformity the government will issue control regulations for all cities The regulations will have parameters for any kind of activity Commercial/institutional activity will be decided according to road width Previous master plans will deemed to be notified under this act Government regulations will be implemented under master plans Zonal and land use plans to be prepared under master plans Commercial/institutional activities to be sanctioned in zonal plan under control regulations Proposaed lawExisting master plan to be adjusted while preparing regional plan Existing Zonal and sector plan to be merged while preparing master plan formation of an advisory committee Only current land use will be planned but not the future land use Plan will be according to development control regulations. The government can review them anytime This responsibility can be given to town planning department or any agency If the government wishes previous master plan can be cancelled for a new master plan
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Rs 9, 500 cr for urban bodies to help implement AMRIT

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Central government has come up with Rs 9,500 crore scheme to help urban bodies which have failed to implement reforms under Atal Mission for Rejuvenation and Urban Transportation (AMRIT) due to various infrastructural problems. However, only 13 states and union territories who fulfill parameters would receive the benefit. Amrit scheme for improvement of infrastructure in the cities consisting 500 towns with population of one lakh and more. It is mandatory to implement reforms prescribed by the central government in order to receive fund under this scheme.These reforms are aimed at making urban bodies financially sound but due to infrastructural problems and lack of financial resources, they have been unable to implement these reforms, which is why the central government has come up with this RS 10,000 crore scheme. The money would be provided by the World Bank.For the next financial year, five states would be selected for the first phase of Rs 3273 crore. Let us show you how total 36 states and union territories would be selected. The union government make a formal announce soon.In the second phase of Rs 6500 crore, eight states would be included. The central government has prepared a time-bound programme to implement the first phase. The selected five states will have to make detailed plan to implement reforms. The World Bank would provide financial as well as technical assistance. The state government’s view will be sought in selecting cities.

UDH to bring new land regularisation rates soon

Earlier, 25% of the residential reserve price or Rs 1500 per square yard, whichever is higher in Jaipur, Jodhpur, Kota, Udaipur, Bikaner, Alwar, Bharatpur, Bhilwara and Bhiwadi <!– /11440465/Dna_Article_Middle_300x250_BTF –>People will have to cough up more money for regularisation of their residential plot on government land.Paving way for regularisation of residential colonies, the state government has finalised rates but on the higher side than five years ago. The Urban Development Department (UDH) had previously fixed rates for regularization on September 21, 2012. However, these rates were valid only till April 1, 2017.Since, the validity of these rates ended, the regularization process was held up.Now, the department has prepared draft to decide new rates, which have been approved by the finance department. This will now be sent to the law department and once cleared, the new rates will be implemented.THEN AND NOWEarlier, 25% of the residential reserve price or Rs 1500 per square yard, whichever is higher in Jaipur, Jodhpur, Kota, Udaipur, Bikaner, Alwar, Bharatpur, Bhilwara and Bhiwadi. Now 25% of the residential reserve price or Rs 2000 per square yard.
Previously in these cities for regularization of commercial plot 25% of the commercial reserve price or Rs 5000 per square yard, whichever is higher. Now 25% of the commercial reserve price or Rs 6,500. Rest of the towns with more than 50,000 population regularisation charges for residential plot, 25% of reserve price or Rs 750, whichever is higher in the past.
Now, 25% or Rs 1000 in these towns for the same purpose.

Union government gets tough with states on RERA implementation

<!– /11440465/Dna_Article_Middle_300x250_BTF –>In a major boost to home buyers, union urban development and housing ministry has asked states to plug the loopholes in Real Estate Regulation ACT (RERA). A parliament committee has pointed out dilution of the RERA by the states in order to provide benefit to builders.The parliamentary committee was asked to study implementation of rules for Real Estate Regulation ACT (RERA). In its report submitted in the Lok Sabha, the parliamentary panel has said that the most states have tweaked rules, which are beneficial to the builders but detrimental to the consumers.The act was enacted to protect consumers but the onus to implement it was on the states. However, the parliamentary committee found that going against the spirit of the law several states including Rajasthan made changes suitable for builders. It said that because of this consumers are not getting the benefits they are entitles under RERA.But, the union government has made it clear to the states that for effective implementation of the law while keeping in mind consumers’ interest, they will either have to change the rules not in accordance with the central act or frame new laws. Following the central ministry’s directives, the states will have to close the gap deliberately left open for benefit of builders.Rajasthan where the RERA came into effect on May 1, this year is, among the states that circumvented the new act by leaving ambiguity in the rules. The state government while framing the rules defined them in arbitrary way.As per the central act, ongoing projects have to be registered under RERA. It considers ongoing projects that have not taken completion certificate till the date act came into force. However, in Rajasthan has added several provisions, which are not in tune with the act.To put an end to this the parliamentary committee has made several recommendations. It said that as per article 254 (2) of the constitution, the central government has right to enact acts like RERA. Such law would override acts and rules implemented by the states. Among the gross violation of RERA by the states, the report mentioned definition of ongoing projects and penalty on the builders for poor quality of construction. It has recommended that the central government must ask states to either change their rules or make fresh rules. Also, the committee should be informed about the action taken on its recommendation.What did Rajasthan do:-Projects in which common facilities handed over to residents’ association or authorised agency have been included in ongoing projects.Those projects which have sold 60% plots or housing units or gave their possession.The projects whose completion certificate have been issued by chartered engineer.Even the projects who have applied for completion certificate to the competent authority have been consideredongoing projects.If 50% development fee has been deposited.If the competent authority has begun regularization of the projects.

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