tes pate MUNICIPAL CORPORATION OF GREATER MUMBAI CATT NO oA \pr sus cen, Buo1e=24 Sub.: Policy guidelines for grant of TDR in case of existing amenities/existing roads in D.P. 2034, Preamble - There are many Instances where on persuasion of field officers and/or owners, advance possession of land under various types of reservations or roads has been given to M.C.G.M. in anticipation of T.D.R. or M.C.G.M. has developed the amenities/roads without taking formal possession. T.D.R. or monetary compensation has not been given and the ownership as on revenue records still remains in the name of original owner, In some of the cases, roads are constructed & are Delng used by public since long; no formal possession have been taken by M.C.G.M. It is a settled legal point that no private property may be expropriated/acquired/taken over from any owner, without providing compensation as provided by Law. In cases where physical possession has been taken but FS.L/T.D.R./monetary compensation has not been given and the ownership remains in the name of private owner in Revenue Records, it Is mandatory for M.C.G.M (acquiring body) to provide legally due compensation/T,D.R. to such owners, so that such lands get legally transferred in the name of M.C.G.M. In Revenue Records. In all such cases following guidelines shall be followed:~ 1, Prerequisites:~ a)The date on which formal/informal possession Is taken shall be ascertained. b)Whether the fetter/consent from the owner is available In file papers or not shall be ascertained. _42)A affidavit shall be taken from the applicant/owner/recelver of compensation co-owners oF heirs of owners/co-owners have not taken compensation In any form trom M.C.G.M. or any. other authority under provisions of L.A. Act or any ‘other Act. d)Such cases shall be sent to Land Acquisition Officer for checking their records and to confirm whether the said Jand has been acquired and any compensation past. Such remarks shall be obtained. Shall be given by Legal dept. mentioning g) informing by publishing that he has notved any compensation ft shall be 1d of 15 days+ jing recel that his claim to D.R.C. Is contingent upan not having rece! t same, and if anybody has any Information contrary to the i ero communicated to the office of Law Officer, M.C.6-M within a ‘the cost of Notification Is to be beard by applicant/owner: aa eAyspecific remarks from M.M.R.D.A./PW.D: shall be obtained as red! in compensation ts (pald’to such land owners, In cases ¥ the past. Also specific r compensation is pald to is no here the sald auth have acquired/developed the sald road land in uaaes from Chie. (Roads)/concerned ward office as regards no © such land owners ‘as well!'as date or year in which the said land is taken over/developed shall be obtained. g)Spediic remarks from £.6.(8.P.) shall be obtained that no FS-1 benefit is availed on contiguous land/layout. \_h)Specific remarks from concemed Assessment dept- shall be obtained that no benafit in any form 1s availed to owner/applicant/heirs of owner i)Specific remarks from C.A.(Finance) shall be obtained stating that no land acquisition payment made as per expenditure records. its j)Registered Indemnity Bond shall be insisted indemnitying M.C.G.M. & officers/servants from any legal disputes which may arise in future. It Is to be noted that above mentioned remarks/NOC’s/prerequ shall be submitted by applicant/owner to D.P. dept. before processing proposal for granting T.D.R. 2)The ownership has to be transferred in the name of M.C.G.M. in Revenue Records and separate PR Card to that effect shall be submitted before grant of +-2)The Gwner shall submit the explanation ‘and reason for delay in availing/obtaining the compensation, 4)It fs also to be noted here that If, at any later time, It comes to notice that due to false representation and false affidavit or any other reasons, compensation has been granted earlier, applicant/ovmer shall be liable for criminal action and compensation/fees & DRC shall stand cancelled. eal ie aN A ee Chief Engineer (D.P.) Municipal Commissl|oner & D.M.C. (S.E.) £ py KEP)E Dy. Chiet Bnginewr (Development Plan C\KE Nor {t se (ot