GOVERNMENT OF ANDHRA PRADSEH

ABSTRACT

UNAUTHORIZED CONSTRUCTION – Regularization of unauthorized constructions made up

to 30-6-1998 in the areas of Municipal Corporation, Urban Development Authorities and
Municipalities – Revised Orders – Issued.

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT

G.O.Ms.No.419 M.A., Dated: 30th July 1998.

Read the Following: -

1. G.O.Ms.No. 87, M.A., dated: 12-2-1992.

2. G.O.Ms.No. 1235, M.A., dated: 14-8-1992.
3. G.O.Ms.No. 313, M.A., dated: 11-5-1993.
4. G.O.Ms.No. 243, M.A., dated: 22-5-1996.
5. G.O.Ms.No. 343, M.A., dated: 02-12-1997.
6. G.O.Ms.No. 289, M.A., dated: 25-5-1998.
7. G.O.Ms.No. 373, M.A., dated: 1-7-1998.

***

ORDER:

Government after taking note of increased unauthorized constructions in urban

areas, without following the prescribed rules and regulations, took a decision to give a one
time opportunity to the individuals to come forward and declare voluntarily the unauthorized
constructions made by them and to get them regularized by paying the penal amount.
Accordingly orders were issued in the G.O. 7th read above giving several concessions
thereby facilitating the individuals to get the unauthorized constructions made upto 30-6-1998
regularized by paying the penal amount prescribed therein.

2. In the meanwhile, Government received representation from various forums

requesting for extension of time limit and reduction pf penal amount and simplification of
procedure, Government after careful examination of the views expressed during the
discussion have decided to substantially simplify the system and reduce the rates for
regularization.

3. Keeping in view the unauthorized constructions made in small plots i.e. in

Plots up to 200 sq.mtrs. Government has issued orders giving ample opportunity to get them
regularized, and the time was also extended from time to time, lastly up to 31-7-1998.

4. Government have decided not to extend the time limit fixed earlier inG. O 6th
read above (i.e. 31-7-1998) for regularization of unauthorized construction in small plots of
upto 200 sq.mtrs. and direct that all the G.Os either to issued in this regard for providing such
regularizations shall cease to being operation after 31.7.1998. However individuals who
constructed the buildings unauthorisedly or in deviation of the sanctioned plan can get them
regularized duly paying the penal amount and as per procedure prescribed in this order.

5. Government in suppression of all the G.Os issued earlier on the regularization

of unauthorized constructions now issues the following orders.

The rates for regularization of unauthorized construction shall be as follows:

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PENAL AMOUNT RATES

I. PENAL AMOUNT FOR REGULARISATION OF DEVIATED /UNAUTHORISED

INDIVIDUAL RESIDENTAIL BUILDINGS AND INSTITUTIONAL BUILDINGS MUNICIPAL
CORPORATION OF HYDERABAD AND OTHER AREAS.

Type of Development M.C.H. Area Other Areas

-------------------------------------------------
Rs. Per Sq.ft of violated area

1. Individual Residential Building 15 10

2. Institutional Building 25 15

II. PENAL MOUNT RATES FOR REGULARISATION OF DEVIATION

UNAUTHORISED CONSTRUCTION OF FLATS IN MUNICIPAL CORPORATION
OF HYDERABAD AND OTHER AREAS.

Type of Flats M.C.H. Area Other Areas

-----------------------------------------------------------------------
Flat area in Sq.mtrs Flat areas in Sq.mtrs
------------------------------------------------------------------------
Above 60 60 and Above 60 60 and
below below
Permitted Bldg. / Rs.5000/- Rs.4000/- Rs.4000/- Rs.3000/-
Flat but Per flat Per flat Per flat Per flat
deviated from
sanctioned Plan
with Regd. Sale
deed of undivided
share of land with
construction agree-
ment of flat / Regd.
Sale deed of flat /
Declaration of ownership.

Total unautho- Rs.10000/- Rs.8000/- Rs.8000/- Rs.6000/-

rised flats Per flat Per flat Per flat Per flat
with Regd.sale
deed of undivided
share of land with
construction agree-
ment of flat / Regd.
sale deed of flat /
Declaration of ownership
----------------------------------------------------------------------------------------------------------------
Note: 60 Sq.mts = 645.6 Sq.ft.
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III. PENAL AMOUNT RATES OR REGULARISATION OF DEVIATED /

UNAUTHORISEDLY CONSTRUCTED COMMERCIAL / INDUSTRIAL BUILDINGS IN
MUNICIPAL CORPORATION OF HYDERABAD AND OTHER AREAS.

Type of Development M.C.H. Area Other Area

-------------------------------------------------------------
Per Sq. ft. of Per Sq.ft. of
Violated area Violated area
Permitted Building but Rs.60/- Rs.45/-
deviated space from sanctioned
plan and covered by Registered
sale deed / Registered sale
Agreement / declaration of
ownership.

Total unauthorized space Rs.100/- Rs.75/-

and covered by Regd. Sale
deed /Regd. Sale agreement
declaration of ownership.

IV. PENAL AMOUNT RATE FOR REGULARISATION OF HUNTS AND TITLED

ROOF STRUCTURES.

Category Upto100 Sq.mtrs. 101 to 200 Sq.mtrs

Plot Area Plot Area
--------------------------------------------------------------------------------------------------------Madras
Terrace / Rs.750/- Rs. 1000/-
Mangalore titles /
A.C. Sheets.

Hunts constructed on plots upto 200 Sq.mtrs. can be got regularized without payment of
any penalty. If there are hunts on plots above 200 Sq.mts. they can be regularized by
paying a flat rate of Rs. 750/-

6. The applicants for regularization of unauthorized constructions along with

voluntary declaration in the prescribed proforma enclosed in this order (Form –
A) shall be filled with the concerned Commissioner of the Municipal Corporation
/ Municipality / Vice Chairman of the concerned Urban Development Authority
for Panchayat areas falling in Urban Development Authority areas before 31-8-
1998 along with 20% of the penal amount.

7. The applicants who filed Form-A for regularization of unauthorized

constructions shall file Form-B along with required documents as prescribed in
Form-B such as Building Plans, Ownership Documents, Under takings etc. on
or before 31-10-1998.

8. The balance of penal amount shall be paid within 4 months i.e. on or before 31-
12-1998 in lumsum or in not more than four equal installments.

9. The Commissioners of Municipal Corporations / Municipalities, Vice Chairmen

of Urban Development Authorities as the case may be shall dispose of all such
applications within a period of four months after collection of balance penal
amount, prescribed fee, charges development charges, wherever applicable. If
any further information is required the individuals shall obtain the same form the
concerned local authority / Urban Development Authority.

10. The old buildings are exempted from the purview of this Regularization policy.
The regularization procedure as details below is applicable to all unauthorized
buildings constructed after 1-1-1985 and before 30-6-1998 or form the date of
formation of Municipal local body/Urban Development Authority or date of
inclusive of a particular area in the local body which ever is the latest. The
declarants shall produce conclusive proof to establish that the construction was
 4
completed before 30-6-1998. The unauthorized constructions made after 30-6-
1998 shall not be regularized under any circumstances.

11. Regularization of unauthorized constructions / building shall not be

considered in the following cases and in cases where public interest and safety
are likely to be affected viz.

a) Government / Municipal / Local Body’s land.

b) Surplus land declared under ULC and Agricultural land Ceiling Act.
c) Sites affected under the alignment pf Master Plan / Zonal Development plan
Roads / and other Public roads.
d) Tank bed and Shikam lands.
e) Layout open spaces meant for public use.
f) Parking spaces.
g) Areas earmarked for Recreational use in Master Plan / Zonal Development
Plans.
h) In case of multistoried buildings the aspects of fire safety, N.O.C. from Airport
Authority and structural stability etc., will have to be considered by the
Competent Authority before regularization of such structures.
i) Subject to resolution of legal issues, if any.

12. The Government hereby authorize the Commissioners of all Municipal

Corporations / Municipalities and Vice Chairmen of Urban Development
Authorities to regularize unauthorized constructions already made on sites /
plots where the title deed / vests with the plot holder in relaxation of Zoning
Regulations / Multi Storied Building Regulations / Building Rules etc. on
payment of penal amount s prescribed and other usual fees and charges. If the
declaration for the regularization of unauthorized constructions are not filed and
the unauthorized constructions are not got regularized within the said stipulated
period, or where it is found that the declaration covers unauthorized
constructions construction after 30-6-98 action shall be initiated by the
Commissioner of Municipal Corporations / Municipalities and Vice Chairmen of
Urban Development Authorities for demolition / Sealing of property /
confiscation.

13. The penal amount so collected for the regularization of such unauthorized
constructions shall be kept in a separate head of account and shall be utilized
for the specific purpose of development works like widening of roads,
construction of bridges / fly overs / parks and ply grounds or any other work with
the prior of approval of the Government.

14. The Commissioners of all Municipal Corporations / Municipalities and Vice

Chairmen of all Urban Development authorities are directed to take immediate
necessary action in the matter and give wide publicity. They shall furnish a
compliance taken from time to time to the Government.

(BY ORDER AND IN THE NAME OF THE GOVERNMENT OF ANDHRA PRADESH)

N.S. HARIHARAN
PRINCIPAL SECRETARY TO GOVERNMENT

To
The All Commissioners of Municipal Corporations.
The Vice-Chairmen of all Urban Development Authorities.
The Director of Town and Country Planning, Hyderabad.
The All Commissioners of Municipalities. (Thro C & DMA, Hyderabad.)

Copy to:
All District Collectors
The Commissioner, Information & Public Relations, Hyderabad.
The Secretary to Chief Minister, C.M.’s Secretariat, Hyderabad.
 5
The Private Secretary to Chief Secretary.
The Private Secretary to Minister for Municipal Administration.
All the Officers & Sections in M.A. & U.D. concerned.
SF / Sc
// Forwrded : : By order //

SECTION OFFICER
 6

FORM-A

VOLUNTARY DECLARATION FOR REGULARISATION OF UNAUTHORISED

CONSTRUCTIONS UNDER BUILDING REGULARISATION SHEME (B.R.S.)

I/We ______________________________ S/o, W/o, D/o, _________________ do hereby

declare the following details for regularization of unauthorized / deviated construction in
respect Flat/building bearing Premises No.___________, located at (full address)
_________________ to the best of my knowledge and belief.

Further I enclose the following.

a) One Photograph of the building indicating the date of photograph duly attested
(by the owner) at the back of photograph.

b) Mode of payment of 20% penal amount.

(D.D.No. / Challan No.___________, DT:_____________, Bank______________)

Details of deviations / unauthorized constructions and type of buildings (Fill up

whichever is applicable)

A. INDIVIDUAL RESIDENTAIL / INSTITUTIONAL BUILDINGS.

Approved building permit (if any): No._________, Dt:___________, Plot Area_______

Sq.mtrs. No. of floors constructed______________.

1. FAR Deviation:
Total FAR Total FAR Excess in Total 20% of penal
Sanctioned constructed Sq.ft. Penal Amount
Amount
(Rs.) (Rs.)

--------------------------------------------------------------------------------------------------------------------2.
Other Deviations (i.e) setbacks / coverage) :
As per As per Excess in Total Penal 20% of penal
Sanctioned construction Sq.ft. Amount Amount
Plan at site (Rs.) (Rs.)

Penal amount payable as per item 1 or 2 above whichever is higher.

B. RESIDENTIAL FLAT/APARTMENT:

1. Total flat area

:
2. Whether part of sanctioned plan : Yes / No

3. If yes please give details of : Permit No.______

sanctioned plan (if available) Date ___________

4. Whether the flat is covered by : Yes / No

Registration Sale Deed or Regd. sale
Agreement or both.

5. If yes, please enclose one attested :

copy of the same.

6. Flat constructed but not with : Declaration to be submitted

Registration Sale Deed / Regd.sale
Agreement.

7. Total penal amount :

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C. COMMERCIAL / INDUSTRIAL BUILDINGS

i) Approved building permit (if any) : No._________

ii) Plot Area ___________ Sq.mtrs. No.of floors constructed _____________

1. F.A.R. Deviations
----------------------------------------------------------------------------------------------------------------
Total FAR Total FAR Excess in Total penal 20% of
Sanctioned constructed Sq.ft Amount Amount
(Rs.) (Rs.)

2. Other Deviations (i.e. setbacks / coverage)

As per As per Excess in Total penal 20%
of penal
sanctioned construction Sq.ft. Amount Amount
at site (Rs.) (Rs.)

Penal amount payable as per item 1 to 2 above whichever is higher

1. Whether the unauthorized construction is : Yes / No

covered by Registered Sale Deed or Regd.
sale agreement or both.
2. If Yes, please enclose one attested copy :
of the same.
3. Commercial / Industrial Buildings constructed : Declaration to
but not covered with Regd. sale deed. be submitted

In case of any difficulty on the above please contact the concerned Municipal
Office / Urban Development Authority.

I / We, declare that the construction applied for regularization is not part of
parking area. It is not encroaching on roads indicated in Master Plan / Zonal Development
Plan. It is also not part of any of the prohibited areas for regularization as indicate in the
orders.

I / We, declare that the above details are as per the construction made at site
before 30-6-98 which are true and correct to the best of my knowledge and belief and the
Municipal Authority / Urban Development Authority would in no way be responsible if the
same are found contrary to my declaration later and I / We, also understand that this may
even result in non-regularization for which the onus will not fall on Municipal Authority / Urban
Development Authority.

DATE SIGNATURE

Name of the declarant / Owner (s)

Address for Correspondence

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DECLARATION TO BE SUBMITTED WITH FORM-A

(In case of Flats / Apartments / Commercial / Industrial space not registered)

I / We, ___________________, have applied for regularization of

__________________covered by sanctioned plan, but deviated / unauthorized with area of
___________________ bearing No.____________, in Floor, Premises
No._______________, located at (full address)_______________________________.

I / We, hereby declare that the above flat / apartment / commercial / industrial space is
constructed before 30.6.1998 and

1. I am possession of the same after paying the sum of Rs.___________ through

Cheque / D.D. (indicate details) ________________ in favour of
__________________

OR

2. I am in the possession of the same as owner of the land as evidenced by

development agreement (copy enclosed).

OR

3. I am in possession of the same and hereby produce proof through property tax
Receipts / telephone bills / water bills etc.

OR
4. As I am unable to produce any of the above (1 to 3). I enclose a certificate issued
by a licenced architect evidencing that the building was constructed prior to
30-6-98.

DATE SIGNATURE
Applicant / Owner

Postal Address:

RECEIPT
(to be given by local authority)

In compliance of G.O.Ms. No. 419, M.A. Dt: 30-7-98 for regularization of unauthorized
construction the declaration (Form-A) received on date ______________, from Sri / Smt,
____________________ in respect of Premises No.________________, Situated at
______________________ for regularization, and allotted with Sl.No. ________.

RECEIVING OFFICER
 9
FORM-B
APPLICATION FOR REGULARISATION OF UNAUTHORISED CONSTRUCTION

I / We, ________________________ S/o, W/o, D/o, ____________________

have submitted Form-A on ________________ along with Penal Amount of Rs._________
being 20% of total penal amount in respect of flat / building bearing Premises No. _______,
situated at (full address) ______________ (please enclose a copy of Form-A already
submitted or its receipt).
I / We, further enclose the following documents:

I. (a) In case of individual Buildings / Commercial Complexes / Industrial / Institutional

Buildings.

One tracing cloth and five sets of blue-prints / Ammonia Prints showing the building as
constructed before 30-6-98 and exsiting on ground together with site plan duly signed
by licenced technical personnel and a copy ownership documents.

(b) In case of individual residential flat / apartment

Documentary Plan (five sets) indicating the details the flats / apartments alongwith
copy of ownership documents.

II. A copy of approved building plan (if plan) Building Permit No.___________ and
Date: _______________.

III. Urban Land Ceiling (Wherever applicable):

(a) If site area – less than Ceiling Limits : Notarised Affidavit to be enclosed.
(b) If site area – excess than Ceiling Limits : U.L.C., Clearance is to be enclosed.

IV. Copy of upto date Property Tax Receipt.

V. Service Connections: APSEB / Water Works receipts if any to be enclosed.

Vi. Under takings : a) Indemnity Bond

b) Road Widening under taking if it is not already submitted.
c) Declaration regarding Urban Land Ceiling.
d) Certificate Licenced Technical Personnel in case of item 1 (a).

DATE SIGNATURE

Name of the Declarant / Owner (s)

Address for correspondence

Note: Form-B along with the above enclosures must be submitted on or before
31-10-1998 failing which the applicant will forego the regularization and the
authorities would in no way be held responsible for it.

RECEIPT
(to be given by local authority)

In compliance of G.O.Ms.No. 149, M.A. Dt: 30-7-98, for regularization of

unauthorized construction already declared in Form-A bearing Sl.No.______________
Dated: ___________. Form-B received on ____________ form Sri / Smt.______________
in respect Premises No. _____________ situated at (full address) ____________________
For regularization alongwith required documents.

Receiving Officer
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INDEMNITY BOND

(To be submitted along with Form ‘B’ on Non-Judicial Stamp Paper of Rs. 100/-)

This indemnity Bond is executed on this __________________ day of _________

1998 by Sri / Smt. _____________________________ S/o. W/o____________________
Age _____________ Occupation ____________________ R/o _____________________
Herein after called the 1st PARTY which term shall include their Legal heirs, successors,
assignees agents, representatives and tenants.

IN FAVOUR OF

The Commissioner ____________________________ Corporation / Municipality/

V.C.___________ U.D.A. herein after called the 2nd Party, which term shall include all
officials and staff of Municipal Corporation / Municipality _________________ U.D.A.

Whereas the 1st Party has applied for the regularization of the unauthorized
construction made on Plot / Building / Apartment over an extent of _________________
Sq.mts. bearing Premises No.____________ situated at _______________ consisting of
Ground + _____________________ floors.

Whereas the 2nd party has agreed to consider regularization of the aforesaid building /
apartment as per the orders of the Government of Andhra Pradesh contained
G.O.Ms.No.419,
M.A., dated. 30-7-98 and made it a condition that there shall not be any defect / litigations
over the land / building and the same shall be free from all the claims of Government / Banks
and attachments of Courts, and the 1st Party has to indemnify the 2nd party to this effect.

Whereas the 1st party having agreed to the aforesaid condition hereby indemnify the
2nd party with the above assurance and hereby solemnly declare that the above aid land /
Apartment / Building is the sole property of the 1st Party which is possessed by him / her
since the date of purchase and the same is free from all defects, litigations, claims and
attachments from any courts etc., and in case of any disputes / litigations arises at any time in
future the 1st party will be responsible for the settlement of the same and the 2nd party will not
be a party to any such disputes / litigations.

Hence this Indemnity Bond.

WITNESSES: 1st PARTY

1.

2.

Sworn and signed before me on this ________________________ day of _____________

1998 in presence of the above witness.

PUBLIC NOTARY
 11

UNDER TAKING

(To be submitted alongwith Form’B’ on Non-Judicial Stamp Paper of Rs. 50/-)

This undertaking is executed on the __________________ day of _________ 1998

with free will without any force by, Sri / Smt. __________________ S/o.
W/o._________________ Age_________ Occupation ___________ R/o _______________
Here in after called the 1st Party which term shall include his legal heirs successors agents
and assignee.

IN FAVOUR OF

The Commissioner _________________ Corporation / Municipality / V.C._________

U.D.A herein after called 2nd party which term shall include all officials and staff of the
Municipal Corporation __________________ / Municipality / U.D.A.

Whereas the 1st party has applied for regularization of the unauthorized constructed
building (Commercial / Residential) consisting of Ground Floor + __________________
Floors bearing Premises No. _________ situated at __________________ whereas the 2nd
Party made it a condition for regularizing the afore said building as per the provision of
G.O.Ms.No. 419, M.A., dated.30-7-1998 that:

1) The balcony projection and other structure constructed beyond property line or
or over the road margin shown as the dismantelled in the plan shall be remove
as and when required by the _______________ Corporation Municipality_____
U.D.A. by the 1st Party himself otherwise, the 2nd party _________ Corporation
Municipality / _____________ U.D.A. is at liberty to remove the same without
giving any further notice.

2) The structures constructed unauthorized within the portion affected under the
of road as per Master Plan / Zonal Development Plan / Road Development Plan etc;
as indicated in the plan of regularization shall be removed by the first party himself
at his own cost as and when required by the second party or as and when the actual
work of road widening is taken up by the 2nd party or any other authority as
empowered by the Government of Andhra Pradesh, and shall handover the said
affected portion free of cost without claming any compensation. If he fails to remove
the same the 2nd party ________________ Corporation / Municipality /
________________U.D.A. will be at liberty to demolish such structure from the
affected portion under road widening out of the said property.

The 1st party having agreed to the above said condition / conditions as imposed by the 2nd
party set his / her hand on this undertaking in presence of the following witness.

WITNESSES

1) FIRST PARTY

2) SECOND PARTY
 12
CERTIFICATE OF LICENCED SURVEYOR / ARCHITECTS ENGINEER

(to be submitted along with form ‘B’).

I hereby Certify that Sri / Smt. _____________________ S/o., D/o.,

W/o______________ Submitted declaration for premises bearing No. ______________
situated at (area Name ____________________ in (place name)
____________________.

The Plans are prepared by me duly taking measurements as per the ground position
as constructed at site by the applicant, which true and correct according to my knowledge
and I will be held responsible if the same are found not be in order at a later stage.

Licence No. Signature & Name

Date: Licenced Architect /

Postal Address: Engineer / Surveyor
(Stamp)
 13

DECLARATION-CUM-UNDERTAKING

(To be submitted along with form ‘B’ on Non-Judicial Stamp Paper of Rs.100/-).

I Sri / Smt / Kum. _______________________ have applied for regularistion of

unauthorized construction with a plinth area of __________ Sq.mtrs. bearing Municipal No.
________________ the total area (admeasuring about ____________ Sq.mtrs.(not to
exceeding 200 Sq.mtrs.) and located at ______________: I am aware of the provisions of
contained in URBAN LAND (Ceiling and Regulation) Act, 1976 I am also aware that the
above land will be treated as vacant land under clause 10(a) of section of the said Act even
after the regularization of the unauthorized construction in by Commissioner ____________
Corporation / Municipality / V.C._______________ U.D.A. for the purpose of the said Act and
liable to be surrendered to the Government, in the event of its being determined as excess
vacant land under the provision of the Act. I also declare that the said land does not form
part of the excess vacant land of any to be surrendered by me and hereby undertake to
surrender the said land along with the building if it is ultimately determined as excess vacant
land liable to be surrendered or in the event if the Urban Land Ceiling authority of any
Competent Authority of Government demands the market value on the excess vacant land,
the permission granted regularsing the unauthorized construction on such land by
Commissioner _________________
Municipal Corporation / Municipality / V.C. _____________ U.D.A. is not a bar from claiming
the value on the land, by such authority / Government I hereby agree to pay all such amount.

DECLARANT

WITNESSES:

1)

2)

PLACE :

DATE :