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The CUC Dept deals with action against unauthorized development/constructions in contravention of the provisions of the Maharashtra Regional & Town Planning Act 1966, especially Sections 52 to 55. The operational set up of the Department is as follows:
Normally, a team consisting of the security guards and security assistants headed by ACUC keeps on moving in the designated area of navi Mumbai (Raigad District) to detect unauthorized constructions carried out in developed as well as undeveloped areas.
If they found unauthorized constructions are being made or having being made, a report to that effect is made to the CUC where after, the surveyors / draftsmen are deployed to get the details of such unauthorized development viz. location, survey numbers, plot numbers, dimensions of the unauthorized user of the structure, etc. On receipt of such reports, the ACUC get the notices prepared under section 53,54 or 55 as the case may be, and get issued to the concerned unauthorized constructions. The period for compliance of the notice is 15/32 days, as prescribed in the MRTP Act 1966. Wherever the persons carrying out the unauthorized constructions fail to comply with the notices, such unauthorized constructions are included in the list of programmes where demolitions are require to be carried out.
The demolition operations of unauthorized constructions are usually fixed taking into consideration the following aspects -
1. Urgent need of land for development work,
2. Vulnerability of the areas,
3.Possibility of increase in the number of unauthorized constructions/
encroachment,
4. Availability of police protection.
Although this Dept. is functioning right from the inception of the Corporation viz.1971, consideringthe irate public opinion prevailing in the area against the mass scale land acquisition, it was in the initial years, decided only to resort to the prosecutions being filed against yhe unauthorised constructions. This process was continued till 1983, and from 1983 the Corporation decided to use force for removal of unauthoriseconstructions thereafter the demolition programmes have taken place in full swing. In spite of the continuous efforts to remove the unauthorised constructions including Nodal areas and 12.5% scheme many huntment are yet to be removed. This includes sumptuous number of Pucca constructions having been made in and around villages and 12.5% Gaothan Expansion Scheme. These construction have come up with direct and indirect involvement of the villagers affected by the land acquisition and the local leaders in the area kept on making continuous representations to the Government and the corporation for regularation of such unathorised construction.
In October 1994, the Government took a decision that the unauthorized construction made by the Project Affected Persons within the area earmarked for Gaothan Expansion Scheme and 12.5% Scheme to the extent of 500 sq.mtrs. in each permissible limits of minimum two structures shall be regularized. About 250 hectares of CIDCOI land stands encroached by PAPs. There is a demand to settle these encroachers on the occupied land. Board has already decided on the subject and reffered the matter to the State Government for its approval.
In addtion to the above work, this Dept. has to deal with a number of court cases. They are of two types -
1. Criminal cases filed under the provision of section 53,54 & 55 of the MRTP Act 1966, as per order given by Jt. MD. All concerned cases up to 1983 have been withdrawn.
2. Regular Civil Suits/Special Civil Suits and Writ Petitions filed ny the persons who have been served with notices under section 53, 54 & 55 of the MRTP Act 1966.
It will be appreciated that the Court matters on such a large scale keep the officers viz. ACUC and one Office Assistance fully occupied with this work alone. At present, one ACUC post is vacant since January 2004.
To have effective control on unauthorized constructions/ encroachments, the management has decided to utilize the services of the Asst. Estate Officers as Ward Officers for respect nodes. Accordingly all the AEOs/ are taking action for survey, detection and removal of unauthorized construction in their respective nodal areas from August 1999.
We arrange demolition programmes thrice in a week in nodal and other areas of Navi Mumbai but most of the times, we are unable to get police bundobast from respective police for demolition work.
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