Southern States - Andhra Pradesh-Hyderabad   

Govt. pilots bill on building regularisation

By Our Special Correspondent

HYDERABAD Feb. 25. As part of efforts to settle the disputes pertaining to unauthorised constructions in the twin cities and other urban areas across the State, the Government has decided to bring in a comprehensive legislation for regularisation of unauthorised constructions under different municipal corporations, municipalities and urban development authorities.

A bill -- the Andhra Pradesh Regularisation of the Unauthorised Constructions in Municipal Corporations, Municipalities and Urban Development Authorities Act 2003 -- was introduced in the Assembly by the Minister for Municipal Administration and Urban Development, B.V Mohan Reddy, on Tuesday.

Introducing the bill, Mr Reddy explained that consequent on its decision to regularise unauthorised constructions in the urban areas of the State in February 1992, the Government had permitted urban development bodies to regularise unauthorised constructions under their jurisdiction levying an appropriate penal fee and compounding amounts from the owners. Subsequently, orders aimed at modifying the scheme to suit the requirements had been issued from time to time.

However, dealing with a writ petition filed in 1998, the High Court on Jan. 25 had quashed the orders on the ground that the said order had been issued without any authority of law and that there was no rule or any provision in the relevant acts which confer the power on the Government to regularise unauthorised constructions. It is ultra vires of the provisions of the Hyderabad Municipal Corporation Act, 1995 and the rules made thereunder on quashing of the aforesaid orders of the Government and consequential action for the demolition of the unauthorised constructions shall have to be taken up by the Government.

The demolition of thousands of buildings, according to the Minister, would result in wasteful expenditure to the Government besides causing hardship to the general public. Such demolition may also invite litigation from the public and involved huge expenditure on the exchequer as the Government had regularised several unauthorised constructions and several persons paid huge amounts in response to the orders issued by the Government from time to time. To avoid such hardship, the Government had decided to enact a legislation empowering it to regularise unauthorised constructions and promulgated an ordinance as the House was no in session. The bill sought to replace the ordinance, he said.

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