Circumstances in which unauthorised development may or may not be regularized

Section 4 of the Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006 deals with circumstances in which unauthorised development may or may not be regularized. 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; The Act was enacted on 21 Apr 2006.

(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 structural 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 Regulations 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:-

(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 and no provision of alternate means of escape or no provision for fixed fire fighting installations, the Designated Authority may, in 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 Authority 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.

Section 4, The Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006 (Act 9 of 2006).