Draft Improvement Scheme No. 1 Khadka-Kirmiti- Shivmadkha-Panjari-Sumthana, Nagpur

Transcription

1 Draft Improvement Scheme No. 1 Khadka-Kirmiti- Shivmadkha-Panjari-Sumthana, Nagpur Submission to the State Government under Section 43, NIT Act 1936 Part 1B Policies and Process Nagpur Improvement Trust (NIT) February 2013 Prepared by: HCP Design, Planning and Management Pvt. Ltd. Halcrow A CH2M HILL Company Knight Frank Pvt. Ltd Crisil Risk and Infrastructure Solutions Ltd.

2 CONTENTS A B C D Process to Prepare Improvement Schemes Policy Document for Improvement Schemes Memorandum of Understanding with Land Owners on Submission to State Government Final Agreement with Land Owners after Approval by State Government

3 A Process to Prepare Improvement Schemes in the Nagpur Metro Region under the provisions of the NIT Act The steps to undertake each Improvement Scheme (IS) are as below. A brief description of each step along with supporting explanatory notes is given below: Step 1 NIT shall Initiate & Approve the decision to frame the IS as per Section 36 (1) NIT will approve: o The decision to prepare a particular IS o Proceed with the process of preparing the IS Step 2 NIT to prepare IS as per Section 28/29/30/31/32/33/34/35/35A The following Steps 2a, 2b 2c & 2d are the actions taken by the NIT following the Board Resolution to prepare an IS. Step 2a Issue a Public Notice Under Section 54 and 55 in Local Newspapers of wide Circulation A Public Notice under Section 54 and 55 will be published in one or more local newspapers. The Public Notice will also be displayed at the Head Office of NIT and in other prominent places in Nagpur. The Public Notice will state the following: o NIT has resolved to prepare the particular IS. o NIT will carry out surveys and measurements for the lands included in the IS. o Request the land owners to submit land ownership records, layouts, hissa details and suggestions, if any, within a period of 45 days from the publication of the Notice at the office of Superintendent Engineer (Metro), Nagpur Improvement Trust, NIT Cultural Complex, North Ambazari Road, Opp NIT Swimming Pool, Nagpur If these are not submitted then the available documents will be used to establish ownerships and plots areas. o The plan of proposed IS boundary showing the khasra numbers of the included lands and a list of the same will be kept open for inspection at the following offices during office working hours: 1. Divisional Commissioner, Nagpur Divisions, Old Secretariat Building Civil Lines, Nagpur Superintending Engineer (Metro), Nagpur Improvement Trust, NIT Cultural Complex, North Ambazari Road, Opp NIT Swimming Pool, Nagpur Collector, Nagpur, Collector Office, Civil Lines, Nagpur Deputy Director, Town Planning, Nagpur Division, Nagpur Chief Executive Officer, Zilla Parishad, Civil Lines, Nagpur Tahsildar, Hingna, Tahsil Hingna, Distt. Nagpur HCP Design, Planning and Management Pvt Ltd. Page 1

4 o o o The process and policies along with draft Memorandum of Understanding (MOU) for the preparation of the proposed IS will also be available at the above mentioned office for inspection 1. Request the land owners to submit the MOU within a period of 60 days from date of publication of the Public Notice at the office of Superintendent Engineer (Metro), Nagpur Improvement Trust, NIT Cultural Complex, North Ambazari Road, Opp NIT Swimming Pool, Nagpur NIT shall commence total station survey of the IS area within next 7 days and all the land owners are requested to cooperate with NIT to carry out the survey work. Step 2b Dispatch a copy of the Public Notice under Section 54 & 55 to the State Government for Information NIT will send a copy of the Public Notice under Section 54 & 55 to the State Government for information. A plan of the area which is proposed to be included in the IS, process, policies along with draft MOU for the preparation of the proposed IS will also be sent to the State Government for information. Step 2c Intimate the Zilla Parishads and Gram Panchayats NIT will send a copy of the Public Notice under Section 54 & 55 to the respective Zilla Parishads and Gram Panchayats. Step 2d Keep the Copy of Plan of IS and Relevant Documents open for Inspection A copy of the area which is proposed to be included in the IS, process and policies along with draft MOU and for the preparation of the proposed IS will be kept open for public inspection at the offices listed in the Public Notice under Section 54 & 55 for a period of 60 days. Consideration shall be given to the suggestion and objections if any. Step 3 NIT to prepare IS as per Section 38 The following Steps 3a, 3b, 3c, 3d & 3e are the actions taken by the NIT after issuing the Public Notice under Section 54 & 55. Step 3a Prepare the Draft Area Statement, Base Map and List of Owners for the IS Area Procure the following records: o 7 x12 (from Tehsildar / Revenue Department). o Village maps (Ekatrikaran maps) at 1:5000 scale. o Resurvey sheets (from Dy. SLR) at Scale 1:1000. o NA TP layouts (from Collector Office). Prepare a draft area statement from the 7 x 12 documents for all the khasra numbers Digitize and overlay the resurvey sheets obtained from the Dy. SLR on Google satellite images to obtain a consolidated map. Fit/match the khasra lines on the image and verify the area with as indicated in the 7 x 12 documents. Insert the NA TP layout on the khasras. 1 The mechanism to implement the IS is legalized by the way of a MOU between the land owner and NIT and subsequently a Final Agreement between the the land owner and NIT. Refer Policy No. 12 in the Policy Document. HCP Design, Planning and Management Pvt Ltd. Page 2

5 Tentatively mark the hissa subdivision as obtained from the 7 x 12 records on the satellite image wherever possible. Step 3b Conduct Total Station Survey of IS Area Submit a list of khasra numbers with areas from the 7 x 12 documents to the Land Record Department (LRD). LRD to assess the measurement fee and NIT to pay the measurement fee. Commence a detailed and accurate survey of the ground situation using Total Station Survey As per Policy No. 1. During the survey, a representative from the Land Record Department (LRD) will be present, if necessary. Step 3c Finalize the Area Statement, Base Map and List of Owners of the IS Area Overlay the resurvey sheets obtained from the Dy. SLR on the total station survey drawing to obtain the area under possession and finalize the areas as per Policy No. 2: Base Map, Area Statements and Ownership Status in the IS Area in the Policy Document. LRD will certify both the area statement and the base map. Prepare a final list of land owners from the 7 x 12 documents and information from Tehsildar / Patwari of the village. These will keep getting updated as the process of preparing the IS moves forward particularly during & after the Publication and land Owners Meeting. Step 3d Prepare Conceptual Plan for Draft IS Prepare conceptual plan on the approved base map and as per the approved policies. Keep in view the following aspects: o Topography and site conditions o Regional plan proposals o Development plan proposals (forth coming) o Specific uses such as quarries and archeologically important sites. o Highway buffer zones o PWD roads o Government lands o NA TP permissions The IS will be termed as Draft IS at this stage. Prepare volume of the Draft IS with the drawing and the support documents / reports for approval of NIT Board in the prescribed format in the Policy Document. Step 3e Review of Conceptual Plan of Draft IS by NIT Board The Draft IS proposals will be placed before the NIT Board for review. The Draft IS may be modified if required. Step 4 NIT to publish the Notice of the IS as per Section 39 (1), (2) The Draft IS plan will be published by NIT. A Public Notice to this effect will be prepared. The Public Notice will state o An IS has been prepared o Boundaries of the area comprised in the IS HCP Design, Planning and Management Pvt Ltd. Page 3

6 o Place at which particulars of the IS, map of the area and proposals of the IS can be seen along with statements of redistribution of land and Net Demand 2. NIT shall publish the Notice in Gazette and every week for 3 consecutive weeks in local newspapers. The notice will state that a meeting of all land owners will be held on a particular date, time and location. Step 5 NIT to send Notices Within a period of 30 days from the date of publication under Section 39 NIT will send two notices simultaneously to the land owners: Notice 1: Under Section: 41 (1), (2), (3) for consent for acquisition by agreement as per Section 58 of NIT Act, This notice shall state - The NIT proposes to appropriate land by consent in the IS and recover Net Demand for the purposes of carrying out the IS The land owner can submit their objections / suggestions within a period of 60 days from the date of the service of the notice. Notice 2: Notice to intimate the land owners about the owners meeting to explain the proposals of the IS. This notice shall state - Details of final plot area, land appropriated and the Net Demand. The date, time and place of the Owners Meeting. The place where the configuration of the final plots and other proposals of the IS can be seen. The owners can send objections and suggestion within a period of 60 days from the date of service of the notice and 45 days from the Owners Meeting. Step 6 Owners Meeting The Owners Meeting will be held at the office of NIT or a premise owned / hired by NIT which can accommodate all the land owners within 15 days from the date of service of the notice under Section 41 NIT will explain the proposals of the draft IS to the owners The land owners will get to review a copy of the Final Agreement that will be executed between them and NIT. Land owners can give their representation in writing within 45 days from the Owners Meeting. Step 7 Affected Land Owners to make Representation to NIT on the Draft IS as per Section 41 (2) Within 60 days from the notification under section 39 or Serving of notice under Sec 41 (2), or within 45 days from the Owners Meeting, the land owners shall make a representation to NIT in writing. Step 8 Modifications to the Draft IS Plan after Owners Meeting NIT will consider the representations made by the land owners. 2 For definition of Net Demand see Policy No. 8 in the Policy Document. HCP Design, Planning and Management Pvt Ltd. Page 4

7 All the representations will be systematically listed and remarks will be made whether to consider them or not, stating the reasons by NIT. Individual hearings will be given to the land owners at NIT. NIT may modify the proposals of the IS to accommodate the representations received. Step 9 NIT Board to Approve the State Government Submission NIT Board will approve the submission to the State Government for sanction. The submission shall include: o IS details drawings and support documents o All representations made by the land owners o Statement of response by NIT to each representation o Signed MOU by land owners Step 10 NIT to submit the IS to the State Government for sanction as per Section 43 (1), (2) The submission shall include: o IS details drawings and support documents o All representations made by the land owners o Statement of response by NIT to each representation o Signed MOU by land Owners Step 11 Response by State Government a) State Government sanctions b) State Government may suggest minor modifications c) State Government may suggest major modifications d) State Government refuses to sanction Step 12 Response by NIT a) NIT proceeds to steps 13 to 19 b) NIT incorporates the modifications and proceeds to steps 13 to 19 c) NIT to prepare the IS again and repeat steps 1 to 11 Step 13 NIT to publish the submission of IS to State Government for sanction in Official Gazette and Newspapers as per Section 43 (4) NIT will publish a notice to this effect in the local newspapers and Gazette for 2 consecutive weeks. Step 14 State Government sanctions the IS as per Section 44 (1) and issues notification in the Official Gazette for the implementation of the IS by NIT as per Section 45 (1) Step 15 NIT to Issues Notices to land owners to submit Final Agreements After sanction of the IS by the State Government, NIT will issues notices to the land owners to sign the Final Agreements at NIT within a period of 60 days from the date of notification in the Official Gazette. HCP Design, Planning and Management Pvt Ltd. Page 5

8 Step 16 NIT to acquire lands of the land owners unwilling to participate in the IS NIT shall proceed to acquire the land owners who have not submitted the MOUs and Final Agreements. NIT shall submit the proposal to the Collector, Nagpur for land acquisition for implementing the IS The entire proceedings of the land acquisition shall be completed within a period of 3 years from the date of sanction of the IS. Step 17 NIT to get the IS Land Records updated Upon receipt of the Final Agreements and completion of 60 days from the date of sanction of the IS NIT will submit the entire sanctioned IS documents to the Collector / LRD to update the land records new 7 x 12 documents for the FPs will be prepared and issued to the land owners. The old 7 x 12 documents will cease to exist. Step 18 NIT to get the FPs demarcated Post the updation of the records, NIT will commence the demarcation of roads and final plots. Step 19 NIT to Commence Construction of Roads and Infrastructure Post the creation of new records, NIT will commence the construction of roads and infrastructure. HCP Design, Planning and Management Pvt Ltd. Page 6

9 B Policy Document for Improvement Schemes The Improvement Schemes (IS) will be prepared on the basis of following set of policies: Policy No. 1 Total Station Survey of the IS Area A topographical Total Station Survey of the entire area declared under the IS will be carried out using the total station survey equipment. The survey will capture the following details: o Existing roads (major and minor) with cross drainage (CD) works. o Bund lines / fences / plot divisions o Levels o Existing structures o Power supply lines o Wells o Water courses A representative of Land Record Department (LRD) will remain present during the total station survey. In case of land plots with Hissas for which there are no map records with SLR / Tehsildar, it is advisable that a representative of the land owner remains present at the time of the total station survey and indicates these on site to the survey team. Policy No. 2 Base Map, Area Statements and Ownership Status in the IS Area The Base Map will be prepared by superimposing the Resurvey Sheets at 1:1000 obtained from Dy. SLR on the physical survey. For each land plot the areas from the 7 x 12 documents obtained from the respective Tehsildar / Revenue Department will be taken as final. Upon superimposing the Resurvey Sheets on the physical survey of the IS area the onsite possession of the land plots will be obtained. The areas obtained from the 7 x 12 records and from the site will be compared. If the difference between 7 x 12 and site measurement is within 5%, the area in the 7 x 12 document will be treated as final. In case the discrepancies are too large (greater than 5%), these will be submitted to the LRD for resolution. LRD s decision will be final and binding. In case of plots with hissas, the areas from the 7 x 12 documents will be taken as final. As the physical demarcation of hissas is not available, these will be derived from available sources such as approved layouts and demarcations (by the way of fences/bunds) from site during the survey. A request will also be made to the owners to submit these immediately to NIT, upon declaration of intention for survey of IS. Also during the total station survey, the land owners will be requested to be present on site to show their hissas; and an officer/representative of the LRD will be present during the total station survey. Here the hissas will be measured from the survey (fences / bund HCP Design, Planning and Management Pvt Ltd. Page 7

10 lines or as indicated by the owners or from the approved layouts) and areas will be reconciled with the 7 x 12 document. If the difference between 7 x 12 and site measurement is within 5%, the area in the 7 x 12 document will be treated as final. In case the discrepancies are too large (greater than 5%), these will be submitted to the LRD for resolution. LRD s decision will be final and binding. Both the Base Map and the Area Statement will be certified by the LRD. Policy No. 3 Plot Reconstitution and Deduction All khasra numbers in a village will be give continuous numbers in a sequence. These will be referred to as Original Plot or OP. All the khasra numbers in a village which are under same ownership, have the same tenure status and are contiguous will be consolidated together and treated as one OP. Land will be appropriated 3 from each OP and will be used to provide for roads, social amenities & utilities 4, open spaces, plotable land for NIT for residential and commercial use out of which 20% land will be reserved for poor. A tentative break-up of the percentages for this is given in the table below. The % are given in the table are indicative and for the purpose of guidance when preparing the IS. They are derived on the basis of standards prescribed for open space, amenities such as education and health and meeting the GOM compliance 5 as regards to the provision of land for housing for poor (EWS/LIG 6 ). However the exact land area under various public purpose may vary. To begin the first variable is the area under access roads it may increase in case of taking care of proposed expansions for say highways that may pass through the IS or if the plot sizes are small. The land required for open space and amenities and utilities will depend on the population to be housed in the area which will in turn depend on the proposed zoning in the IS. The land for housing for urban poor (EWS/LIG) is dependent on the plotable land for NIT.. No. Detail % A Land returned to the Owner (in case of Agricultural Plots) 60 B Land appropriation by NIT in the IS 40 1 Roads 15 2 Amenities and utilities 6 3 Open space/green space 5 4 Plotable Land for NIT for residential and commercial use of which 20% is retained for housing for poor 14 C Total The term appropriation here means the voluntary land contribution of each land owner towards the provision of major access roads and common amenities in the IS. 4 Amenities and utilities include health, education, water supply installations and sewage treatment installations. Apart from these some land will be left vacant for uses such electric substations, telephone/communication installations, police stations, fire fighting services etc which may be allocated as when the need arises. 5 GOM, UDD, No. TBP/4307/CR-334/2007/UD EWS = Economically weaker section; LIG = Lower income group. HCP Design, Planning and Management Pvt Ltd. Page 8

11 In case of land plots which are agricultural, 40% of land will be appropriated or deducted from each land plot. Appropriation / deduction in case of plots that have obtained NA TP from the Collector / Town Planning will be dealt in the following manner: No. 1 NA TP with approved layout but not developed on site and / or sub plots sold 2 NA TP with approved layout, developed on site and / or sub plots sold % Deduction 25 25, land for sale placed on 25% of the plot which the layout owners will have to purchase this land at the FP value determined by NIT for the plot. OR Actual possible deduction from the land allocated in the layout for PU / Open space and if the layout developer is willing to surrender some plots. Note: For land parcels with 25% or less deduction, the Net Demand per sq m will be higher than those plots with 40%. contribution. The reason for this is less land Unauthorized layouts will be treated at par with agricultural plots, that is 40% of the land will be appropriated / deducted. Additional charges for regularizing the layout will have to be paid by the land owner / owners as per the prevailing laws/regulations/policies with regard to unauthorized developments. In case of land plots with 25% appropriation / deduction or less a higher Net Demand per sq m will be levied. The reason for this is less land contribution. Land owners of NA plots will be given a choice on whether their land can be treated as per the agricultural plot policy and they will pay lower Net Demand. If they do so, then their FP will be treated as NA, they will not have to seek NA again. All the OPs will be reconstituted that is each plot will be reshaped in a manner appropriate for development and given access. The final reconstituted plot will be termed as Final Plot or FP. As far as possible the location of the final plot or FP will be retained close to its original location unless a specific planning concern warrants its shift. In case such a situation arises, NIT reserves the right to locate the final plots. A hissa with a separate 7 x 12 document and different owners will be treated as an OP. In case the hissa divisions are not available then tentatively the FP will be allocated within or in the vicinity of the OP. HCP Design, Planning and Management Pvt Ltd. Page 9

12 Policy No. 4 Ownership Rights and Encumbrances All owners listed in the 7 x 12 documents will be treated as the legal and rightful owners of the land plot. Updations will be incorporated in the IS upon submission of updated 7 x 12 documents. All the rights on the revenue records that is the 7 x 12 document will be transferred to the final reconstituted plot. Once the IS is sanctioned by the State Government, NIT will hand over the final plan with the reconstituted plots to the LRD for mutation of the records. The Owners will receive a new 7 x 12 document for the FP in lieu of the OP which is the original khasra plot held by him / her. The cost of this process will be included in the cost of developing the IS. Policy No. 5 Applicable Land Use Zones and DCRs Upon sanction of the Improvement Scheme by the State Government the zones prescribed in the zoning plan for the Improvement Scheme will be applicable. Separate DCRSs are framed for IS Khadka Kirmati Shivdmadka Panjari Sumthana. These are published along with the IS proposals report. The FP owner will be responsible for obtaining all permissions and requisite No Objection Certificates required for the development of the FP. The FP owners will be responsible for some of the compliances imposed the State Government such as Environmental Clearance, provisions of housing for poor etc. The FP owner will submit layout development / building plans to NIT as per applicable Development Control Rules for the IS scheme. The FP will have to pay necessary charges as per the rules for the sanction of building plans and commencing any construction activity on plots. NIT will not sanction any layout plans / building plans till the FP owner pays the full and final amount of the Net Demand. All FPs in the Improvement Scheme sanctioned by State Government will be treated as deemed NA and NIT will submit the approved plan to the Competent Authority. However while applying for development permission the FP owners will have to obtain formal NA permission from Competent Authority of the Revenue Department as per provisions of Maharashtra land Revenue Code, If an OP is already an NA plot then the FP will also be treated as NA and the land owners will not be required to go through the NA process. In case of layout development the FP owner will have to enter into a development agreement with NIT and abide by it. The release of the plots will be as per the terms and conditions laid out in the agreement executed between the FP owners and NIT. HCP Design, Planning and Management Pvt Ltd. Page 10

13 In case of group housing scheme layouts the FP owner will have to enter into a development agreement with NIT and abide by it. The release of the tenements / flats will be as per the terms and conditions laid out in the agreement executed between the FP owners and NIT. Policy No.6 Environmental Clearances and Provision of STPs Environmental clearances applicable as per the Environment Protection Act, 1986 and other prevailing law shall be necessary on the FP. The FP owners can apply for the MOEF clearance after the sanction of the Improvement Scheme by the State Government, signing after the final Agreement and handing over of FP. NIT will ease the process as far as possible by providing the required documents and drawings required for obtaining clearances with regard to water supply, sewerage etc. Policy No. 7 Type of Infrastructure Services to be Provided in the I.S. The following infrastructure services that will be provided by NIT in the IS Area: o Road development works including development o full right of way and culvert works. o Water supply works intake works, zonal works and distribution network. o Sewerage works distribution network and STP. o Storm water drains network o Recycling water works and network o Development of open spaces NIT will be providing infrastructure, FP owners will have to pay the usage, consumption and maintained charges levied by the agencies responsible for the respective services subsequently. For example, in case of water supply the FP owners will have to pay the charges for the water consumed as levied by the agency supplying water. Regarding electrification the landowners have to pay the charges as demanded by MSEDCL. This infrastructure will not include the infrastructure within the FP of the land owner. The land owner will be responsible for all the required infrastructure within his/ her FP as the prevalent norms stipulated in the prevalent DCRs, NIT and relevant applicable regulations. Policy No. 8 Valuation of Land All original plots or OPs will be valued at the Government Ready Recknor rates. This will be called the original plot (OP) value. Land compensation for the % of the land appropriated from the land owners will be computed at ready reckoner rates. HCP Design, Planning and Management Pvt Ltd. Page 11

14 Policy No. 9 Computing the Cost of Developing the IS, Increment in Land Value, Contribution and Net Demand As NIT will be implementing the Scheme and developing the infrastructure there will an increase in the land values. NIT will recover a part of this to finance the cost of developing this infrastructure and the IS in the form of Net Demand. The total Costs of developing the IS will be estimated as follows : 1. Costs of developing the infrastructure listed in Policy No. 6 will be estimated. 2. Some amount of administrative costs for preparing and implementing the IS will be considered. This will include the cost of mutating the final records by the LRD, Nagpur. 3. NIT will also have to compensate the land owners for the land appropriated for the purposes outlined in Policy No.3 Plot Reconstitution and Deduction. Hence the Land Compensation to be paid to each land owner will be computed. The total compensation to be paid to the land owners will also be considered as an input to the cost of developing the IS. As NIT will effect infrastructure improvements in the IS area and undertake better planning, there will be an increase in the land values. The increase in the land values of each of the FPs will be estimated and the total Increment in the Land Value that will accrue to the land owner will be computed. Half of this increment will be appropriated by NIT as Contribution towards the IS. Next NIT will deduct the Land Compensation to be paid to each land owner from the Contribution and compute the Net Demand on each FP. The net demand will depend on % of land appropriated and land value, where the % of land deducted is lower the Net Demand will be higher. The net demand is computed and indicated in the Land Valuation and Distribution Statement for each FP. It is a one time charge calculated at the time of preparing the Improvement Scheme for providing the stipulated infrastructure. The Net Demand collected from the land owners will be maintained in a separate account by NIT and will be used only for the infrastructure works proposed in the IS by NIT. HCP Design, Planning and Management Pvt Ltd. Page 12

15 Policy No. 10 Payment of Net Demand The land owner will pay the net demand to NIT. This can be as per the following instalment schedule: No. Instalment Time 1 1st Instalment (15%) Along with signing of the Final Agreement upon approval of the IS by the State Government. 2 2nd Instalment (10%) At 3 months from the date of sanction by State Government. 3 3rd Instalment (10%) At 6 months from the date of sanction by State Government. 4 4th Instalment (10%) At 9 months from the date of sanction by State Government. 5 5th Instalment (15%) At 12 months from the date of sanction by State Government. 6 6th Instalment (10%) At 15 months from the date of sanction by State Government. 7 7th Instalment (10%) At 18 months from the date of sanction by State Government. 8 8th Instalment (10%) At 21 months from the date of sanction by State Government. 9th Instalment (10%) At 24 months from the date of sanction by State Government Total = 100% At the time of development permission Land owners can pay the entire amount in the beginning itself. In such cases the net present value of the Net Demand will be computed. For example is a person has to pay a Net Demand of Rs. 100 over a period of 2 years (24 months) as per the schedule of above prescribed schedule, he / she will pay Rs. 85 (present value of Rs. 100 discounted at 3.5% over a period of 2 years and 9 equal instalments). Part development permissions on large plots may be issued by NIT at any given point in time. That is if say a land owner is seeking development permission for developing 10,000 sq m on a plot which is 20,000 sq m then he / she will have to pay the Net Demand on the 10,000 sq m atleast on then he / she will be granted development permission. If a land owner is seeking development permission on the entire plot then the he / she will have to pay the entire Net Demand only then will NIT issue the development permission. In case there is a delay by the land owners to pay the instalments, an interest at an annual rate of 15% will be charged. In case the land owners cannot pay the net demand or do not wish to pay the net demand, they can contribute additional land from their FPs of the same value as the net demand. In such instances, the proposed value of the FP in the land redistribution and valuation statement will be used to determine the land value and used to compute the amount of land the FP owner will have to give to NIT. The land owner will have to indicate this in the hearing scheduled at NIT Office after the publication of the IS and before it is submitted to the State Government for sanction. HCP Design, Planning and Management Pvt Ltd. Page 13

16 Policy No. 11 Construction of the Infrastructure by NIT NIT shall commence the construction of roads within six months from the date of sanction of IS by the State Government. The remaining infrastructure will be constructed in a phased manner in a period of 3 years from the date of sanction of the IS by the State Government subject to the realization of the Net Demand from the land owners. Priority of construction of infrastructure will be given in the areas where the land owners have contributed the Net Demand in a substantial quantum. Policy No. 12 Maintenance of the Infrastructure Created NIT shall develop the above mentioned infrastructure and hand it over to the respective Local Authorities / Gram Panchayats for maintenance. The respective Local Authorities / Gram Panchayats will levy the maintenance charges as per their rules and regulations from the FP owners. Alternatively if the NIT Act 1936 is amended and NIT is empowered to levy property taxes / ground rent then it will take the responsibility of maintaining infrastructure. Policy No. 13 Mechanism to Implement the IS The mechanism to implement the proposals of the IS in the spirit of Public Private Partnership is the understanding and agreement between the land owners and NIT. This is institutionalized & legalized by way of MOU and agreements that will be executed at two stages in the process of preparing the IS. 1 MOU between NIT and Land Owner The Memorandum of Understanding (MOU) will be executed after the Publication of the IS under Section 39 of the NIT Act This would essentially be an understanding between the land owner and NIT to the effect that the land owner understands the polices & benefits of undertaking the IS; is giving consent to NIT to undertake the IS and is agreeing to hand over 40% (or 25% or as per the actual % as agreed with NIT) of the land in lieu of services provided and land required for public purpose uses (Policy No. 3) at the time of signing the Final Agreement. 2 Final Agreement between NIT and Land Owner The Final Agreement will be executed within 60 days of approval of the IS by the State Government. This agreement essentially gives the details of the final plot to be allocated to the land owner, the net demand to be paid by the land owner, his / her development rights, land vested with NIT for public purpose and general conditions. The 40% or 25% (or the actual %) land appropriated from each land owner shall vest in NIT free of all encumbrances for the purpose of important scheme and the land owner will have no claim of whatsoever nature in future over the land vested in NIT. HCP Design, Planning and Management Pvt Ltd. Page 14

17 Policy No. 14 Formats to Present the IS Drawings and Statements A new of formats to present the IS proposals in the form of drawings and statements is prepared. These are indicated below: No. Map / Table No. Particular 1 Table No. 1 IS Area Statement indicating names of owners, tenure and area certified by LRD Nagpur 2 Map No. 1 Base Map land records reconciled with the Total Station Survey and certified by LRD, Nagpur showing the following: o IS boundary o Village boundaries o Khasra boundaries and numbers o Water courses o Gaothans o Major HT lines o NA plots with approved layouts (if there) 3 Map No. 1A Base Map (Ownership) showing the various categories as described below: 1. IS boundary 2. Village boundaries 3. Khasra boundaries and numbers 4. Water courses 5. Gaothans 6. Major HT lines 7. Jhupi jungles 8. Government lands 9. Major private land ownerships (if there) 5 Table No. 2 Percentage deduction table indicating the area of land deducted from each land plot 6 Map No. 2 Map showing original plots 7 Map No. 3 Map showing original plots, final plots, roads and appropriated plots 8 Map No. 4 Map showing final plots, roads and appropriated plots 9 Table No. 3 IS summary showing the status (area & %) of the lands before the IS and after the IS; details of appropriate plots for NIT and details of land deduction. 10 Table No. 4 List of Appropriations for NIT 11 Table No. 4A Amenity Standards Adopted 12 Map No. 5 Proposed Land Use Zones 13 Table No. 5 Proposed Land Use Zones 14 Table No. 6.1 IS Finances 15 Table No. 6.2 Proposed Development Works and Costs 16 Table No. 6.2A Cost of Road Development and Culvert Works 17 Map No. 6A Proposed Road Network (Plan) 18 Table No. 6.2B Cost of water supply works 19 Map No. 6B Proposed Water Supply Networks 20 Table No. 6.2C Cost of Sewerage Works 21 Map No. 6C Proposed Sewerage Network HCP Design, Planning and Management Pvt Ltd. Page 15

18 22 Table No. 6.2D Cost of Storm Water Works 23 Map No. 6D Proposed Storm Water Network 24 Table No. 6.2E Cost of Recycling Water Works 25 Map No. 6E Proposed Recycling Water Network 26 Table No. 6.2F Cost of Developing Open Spaces 27 Map No. 6F Proposed Open Spaces 28 Table No. 7 Land Redistribution and Valuation Statement 29 Table No. 7A Original Plot Values 30 Map No. 7A Original Plot Values 31 Table No. 7B Final Plot Values 32 Map No. 7B Final Plot Values 33 Table No. 7C Locational Land Value Increase Policy No. 15 Other Applicable Taxes Etc. All applicable taxes, charges free and cess on the original khasra plots be applicable on the FP after the approval of the IS. The land owner will pay Property Tax and other taxes/charges as leviable by the concerned Gram Panchayat. The land owner will pay the revenue assessment as leviable by the revenue department on the FP after the approval of the IS. Abbreviations Used: CD DCR FP HT IS LRD MOU NIT OP Cross Drainage Development Control Regulations Final Plot High Tension Improvement Scheme Land Record Department Memorandum of Understanding Nagpur Improvement Trust Original Plot HCP Design, Planning and Management Pvt Ltd. Page 16

19 C Memorandum of Understanding with Land Owners on Submission to SG NAGPUR IMPROVEMENT TRUST DEVELOPMENT OF NAGPUR METROPOLITAN AREA MEMORANDUM OF UNDERSTANDING (MOU) FOR DEVELOPMENT OF LANDS IN NAGPUR METROPOLITAN AREA, NAGPUR BY PUBLIC PARTICIPATION METHOD This Memorandum of Understanding (MOU) is executed at Nagpur on this day of BETWEEN 1. The Nagpur Improvement Trust, a statutory body constituted under the provisions of Nagpur Improvement Trust Act, 1936, having office at Sadar, Nagpur, hereinafter in short referred to as the NIT (Party No. 1), which expression shall, unless repugnant to the context or meaning thereof, always mean and include the said NIT, acting through its Executive Engineer (Metro) as the PARTY NO.1. AND 2. Shri Resident of Tehsil District hereinafter referred to as the owner (Party No. 2), which expression shall, unless repugnant to the context or meaning thereof, always mean and include anyone delegated to act as such and all its duly authorized executives, power of attorney, legal heirs etc of the PARTY NO WHEREAS, the Government of Maharashtra, by Notification No.TPS- 1899/1191/CR-80/99/UD-13 dated 23 rd July 1999 has declared the Nagpur Metropolitan Area which includes 9 Tehsils & 726 Villages therein. 4. WHEREAS, Government of Maharashtra by Notification No.NIT/2202/4025/CR- 493/2002/UD-26 dated. 24/12/2002 has extended the jurisdiction of Nagpur Improvement Trust to the Nagpur Metropolitan Area (Area mentioned in Notification dated 23 rd July 1999) 5. WHEREAS, Government of Maharashtra has appointed Nagpur Improvement Trust (NIT) as Special Planning Authority for Nagpur Metropolitan Area, vide G.R. No. TPS-2409/2890/CR-356/09/UD-9, Dt. 31/8/2010 under section 40 (1) of the MRTP Act, The said G.R. has been published in the Government Gazette dated 2/9/2010. HCP Design, Planning and Management Pvt Ltd. Page 17

20 6. WHEREAS, the Party No. 1 vide Board Resolution No. 18/1085/22/02/2010 has decided to develop the Nagpur Metropolitan Area by Public Participation Method using the modified & improved Improvement Scheme mechanism under NIT Act 1936 & has approved the Process for preparing Improvement Schemes and Policies undertaking the preparation of Improvement Schemes and Memo of Understanding (MOU) for development of lands in Nagpur Metropolitan Area by Public Participation Method vide B.R. No. 29/1100 dated 28/09/2011. All the documents are part of the IS Report and have been pursued and understood by Party No WHEREAS the Party No. 1 has powers under section 58 of NIT Act-1936 empowering it to enter into an agreement with any person for the acquisition by purchase, lease or exchange by the Trust from such person of any land (within the area comprised in a sanctioned scheme). 8. WHEREAS the Party No. 1 has decided to develop KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA, Tehsil Hingna, District Nagpur Improvement Scheme on Public Participation Method for planned development under provisions of NIT Act 1936 vide NIT Board Resolution No. 8/1099 dated 30/08/ WHEREAS the Party No. 1 has Declared the Intention to carry out the survey of the lands of KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA Improvement Scheme in Tehsil Hingna, District Nagpur U/S of NIT Act, 1936 which is published in the local news papers Deshonatti, Lokmat Samachar, The Hitvad dated 4 Feb 2012 informing the land owners about the lands included in the Improvement Scheme and the approved Process, Policies and draft MOU & Agreement. 10. WHEREAS a notification under Section 39 of NIT Act, 1936 was published on 20 September AND WHEREAS the Party No. 2 is the owner of land / plot bearing the following Khasra Nos in Nagpur Metropolitan Area which are included in the KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA Improvement Scheme. Khasra Mouza Tehsil & Khasra to North Khara to South Khasra to East Khasra to West Area Sq m TOTAL AREA (SQ M) HCP Design, Planning and Management Pvt Ltd. Page 18

21 11. WHEREAS the Party No. 2 has read and understood the Process, Policy Document & MOU and for, for preparation and subsequent implementation of the KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA Improvement Scheme in Nagpur Metropolitan Area on Public Participation Method, Party No. 2 hereby gives his consent for developing his / her land/s described in Para 10 above in accordance with the Final Policy and Process for Improvement Scheme attached with this MOU as Annexure 1 and 2 and enters into MOU with Party No. 1 as per section 58 of the NIT Act 1936, the terms & conditions of which are reduced herein as under. Now therefore this MOU witnesseth as follows i. That Party No. 2 is giving its voluntary consent to Party No. 1 to participate in the KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA Improvement Scheme in Tehsil Hingna, District Nagpur. ii. iii. iv. That Party No. 2 will comply with and adhere to the provisions of the Process and Polices defined and approved by Party No. 1 which is also referred to in Para 6 and 11. That Party No. 2 hereby permits Party No. 1 to undertake the Total Station Survey within its land plot/premises; prepare the Master Plan and undertake the reconstitution of the land comprised in the aforesaid Khasra Nos. belonging to him / her as per the approved Policy Document. The Party No. 2 shall not create any obstruction or hindrance. That Party No. 2 will hand over 40% (or as may be applicable %) of the land to Party No. 1 by way of exchange in lieu of the development charges and as also for the grant of permission for change of user of the land and development of the land as per the Scheme by Party No.1. The Party No.2 hereby declares that the land under the MOU is free from all encumbrances. After the final agreement the 40% (or as may be applicable %) of the total land of Party No.2 in the Scheme or as may be applicable % shall vest with the Party No.1 exclusively for the purposes of the said Scheme. The Party No.2 shall render all the necessary assistance required for transferring the land in the name of Party No.1 in the records of revenue and land record authorities. The Party No.1 is free to use the land for public purpose uses such as roads, opens spaces, amenities, utilities and be free to dispose some of the land vested in it as per its rules and regulations; thereafter Party No.2 will have no title over the said land and Party No.2 voluntarily agree to relinquish its title, rights, claims of whatsoever nature on the land vested in Party No.1. Party No.2 shall not be entitled to claim any monetary compensation for the same. Remaining 60% (or as may be applicable %) will form the FP in the Improvement Scheme and will not attract stamp duty.. v. That Party No. 2 will pay the Net Demand towards the cost of development of the said Scheme as per the schedule given in Policy No. 10 after sanction of said Improvement Scheme by the Govt. under Section 44 of N.I.T. Act, HCP Design, Planning and Management Pvt Ltd. Page 19

22 vi. vii. viii. ix. That the Party No. 1 shall construct the stipulated infrastructure in the manner as stated in Policy No. 7. The development works in the Scheme shall be limited to the amount of Net demand deposited by the land owners of the Scheme with the Party No.1. That the development in the FP shall be permitted in the manner prescribed in the Policy Document / IS Proposals and DCRs for IS. That the Party No. 1 will undertake the process of updating of land records after the IS is sanctioned by the State Government and the cost of this process is included in the cost of developing the IS. x. That the Party No. 2 will not sell or transfer in any manner the land in his / her possession after signing of this MOU till the signing of the Final Agreement. If he / she sells the land after signing the MOU then the conditions of this MOU and the Final Agreement will be binding on the new land owner. xi. xii. xiii. xiv. xv. xvi. xvii. That the conditions mentioned in this MOU between Party No. 1 and 2, will Mutatis Mutandis be applicable to the Final Agreement. The parties shall endeavour to execute the Final Agreement at the earliest. That, in case any additional clauses/ modifications is required to this MOU, Final Agreement or the Policy Document; it shall be executed in due course by mutual consent of both the parties. That all the matters differences, questions disputes arising out of present MOU shall be referred and adjudicated upon by the Chairman, Nagpur Improvement Trust. Interpretation of the Clauses of this MOU, the IS process and the Policy Document by the Chairman NIT shall be final and binding on Party No. 2. Any typographic error or arithmetical error in the MOU, shall not render it invalid. Such an error shall be rectified by mutual consent of both the Parties. In case of breach of prescribed terms & conditions by either of the parties the decision of the Chairman Nagpur Improvement Trust shall be final and binding on both the parties. That if due to any unforeseen reason the said Improvement Scheme is not executed then the decision taken by the Chairman, Nagpur Improvement Trust in this regard shall prevail. That, Party No. 1 reserves the right to cancel this MOU at any point of time without giving any reason thereof. 18. That this MOU is made in duplicate on a Rs. 100 stamp paper. Each Party has to this MOU has retained one stamped copy each. IN WITNESS Thereof, the parties hereto have set their respective hands and have signed the present MOU on the day, date, month and the year mentioned herein above in presence of the following attesting witnesses. HCP Design, Planning and Management Pvt Ltd. Page 20

23 PARTY NO. 1 SIGNED, SEALED BY Executive Engineer (Metro), Nagpur Improvement Trust, Nagpur. PARTY NO. 2 Name: Shri / Smt. Age: Occupation: Address: In the presence of Witness 1 Name Age: Occupation: Address: Witness 2 Name: Age: Occupation: Address: Enclosures: Annex 1 Final Policy Document Annex 2 Final Process Document True copies of 7 x 12 records of all khasras included in the Improvement Scheme POA in the name of the authorized person to sign this MOU. HCP Design, Planning and Management Pvt Ltd. Page 21

24 D Final Agreement with Land Owners after Approval by SG NAGPUR IMPROVEMENT TRUST DEVELOPMENT OF NAGPUR METROPOLITAN AREA AGREEMENT FOR DEVELOPMENT OF LANDS IN NAGPUR METROPOLITAN AREA, NAGPUR BY PUBLIC PARTICIPATION METHOD This Agreement is executed at Nagpur on this day of BETWEEN 1. The Nagpur Improvement Trust, a statutory body constituted under the provisions of Nagpur Improvement Trust Act, 1936, having office at Sadar, Nagpur, hereinafter in short referred to as the NIT (Party No. 1), which expression shall, unless repugnant to the context or meaning thereof, always mean and include the said NIT, acting through its Executive Engineer (Metro) as PARTY NO. 1. AND 2. Shri Resident of Tehsil District hereinafter referred to as the owner (Party No. 2), which expression shall, unless repugnant to the context or meaning thereof, always mean and include anyone delegated to act as such and all its duly authorized executives, power of attorney, legal heirs etc of the PARTY NO WHEREAS, the Government of Maharashtra, by notification No.TPS- 1899/1191/CR-80/99/UD-13 dated 23 rd July 1999 has declared the Nagpur Metropolitan Area which includes 9 Tehsils & 726 Villages therein. 4. WHEREAS, Government of Maharashtra by notification No.NIT/2202/4025/CR- 493/2002/UD-26 dated. 24/12/2002 has extended the jurisdiction of Nagpur Improvement Trust to the Nagpur Metropolitan Area (Area mentioned in Notification dated 23 rd July 1999) 5. WHEREAS, Government of Maharashtra has appointed Nagpur Improvement Trust (NIT) as Special Planning Authority for Nagpur Metropolitan Area, vide G.R. No. TPS-2409/2890/CR-356/09/UD-9, Dt. 31/8/2010 under section 40 (1) of the MRTP Act, The said G.R. has been published in the Government Gazette dated 2/9/2010. HCP Design, Planning and Management Pvt Ltd. Page 22

25 6. WHEREAS, the Party No. 1 vide Board Resolution No. 18/1085/22/02/2010 has decided to develop the Nagpur Metropolitan Area by Public Participation Method using the modified & improved Improvement Scheme mechanism under NIT Act 1936 & has approved the Process for preparing Improvement Schemes and Policies undertaking the preparation of Improvement Schemes and Memo of Understanding (MOU) for development of lands in Nagpur Metropolitan Area by Public Participation Method vide B.R. No. 29/1100 dated 28/09/2011. All the documents are part of the IS Report and have been pursued and understood by Party No WHEREAS the Party No. 1 has powers under section 58 of NIT Act-1936 empowering it to enter into an agreement with any person for the acquisition by purchase, lease or exchange by the Trust from such person of any land (within the area comprised in a sanctioned scheme). 8. WHEREAS the Party No. 1 has decided to develop KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA, Tehsil Hingna, District Nagpur Improvement Scheme on Public Participation Method for planned development under provisions of NIT Act 1936 vide NIT Board Resolution No. 8/1099 dated 30/08/ WHEREAS the Party No. 1 has Declared the Intention to carry out the survey of the lands of KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA Improvement Scheme in Tehsil Hingna, District Nagpur U/S of NIT Act, 1936 which is published in the local news papers Deshonatti, Lokmat Samachar, The Hitvad dated 4 Feb 2012 informing the land owners about the lands included in the Improvement Scheme and the approved Process, Policies and draft MOU & Agreement. 11. AND WHEREAS the Party No. 2 is the owner of land / plot bearing the following Khasra Nos in Nagpur Metropolitan Area which are included in the KHADKA KIRMITI SHIVMADKA PANJARI SUMTHANA Improvement Scheme. Khasra Mouza Tehsil & Khasra to North Khara to South Khasra to East Khasra to West Area Sq m TOTAL AREA (SQ M) 12 WHEREAS the Party No. 2 has already executed an MOU with Party No. 1 on dated and has permitted Party No. 1 to prepare and implement KHADKA KIRMITI SHIVMADKA PAJNARI SUMTHANA Improvement Scheme of Nagpur Metropolitan Area on Public Participation Method. 13. WHEREAS the Party No. 1 has followed the due approved Process and Policy Document and prepared the IS. HCP Design, Planning and Management Pvt Ltd. Page 23