( 1 ) SUBSEQUENT to the order dated 12th january, 2006 that was passed by us, the maharashtra Ordinance No. I of 2006 has been gazetted in the Government Gazette on 14th January, 2006 to regularise unauthorised development in the City of ulhasnagar and for matters connected therewith or incidental thereto.

( 2 ) THE Statement of Objects that led to promulgation of the Ordinance is thus: ulhasnagar is primarily a city of refugees or displaced persons who were rehabilitated after migration from West Pakistan in the aftermath of partition. The township was originally a military transit camp built up by the then British Government in 1942 during the second World War to house 6000 British soldiers. There were 1173 barracks available and 94,400 persons migrated from West Pakistan were accommodated there. Many remained without a roof over their head. Many occupied vacant land and put up their shel- ters. Pangs of partition and displacement was audible from packet barracks and unorganised shanties set up on open lands. 2. The Municipal Council of Ulhasnagar was set up in 1960. The Development Control Regulations for this Town were published in 1974. The Floor Space Index allowed was 1. 00. In the Development Plan prepared by the mumbai Metropolitan Region Development authority for the City of Ulhasnagar, it is observed that the population of 4,73,000 is spread over an existing residential area of 7 square kilometers (density of 700 persons per hectare ).

( 3 ) POPULATION explosion and limited areas with limited Floor Space Index, greedy and unscrupulous builders and negligent local administration, have brought to the City the large scale illegal construction. These were brought to the notice of the Honble High court through different Public Interest Litigations ( pil) and the Honble High Court has ordered that illegal constructions need to be demolished. They ought to go. However, demolition on such a large scale may lead to law and order problem and hardship to residents and a large number of them would be rendered homeless and it is not possible to provide them with alternative accommodation. This will virtually lead to the second displacement of the persons migrated from West Pakistan, requiring rehabilitation which Government can hardly afford.

( 4 ) THE issue was discussed in the last Winter session of the State Legislature and the representatives of the people urged the Government to come with some solution to mitigate miseries of occupants of the authorised structures in the City of Ulhasnagar.

( 5 ) THE Government, therefore, considers it expedient to make a special law providing for regularisation of the unauthorised constructions in the City of Ulhasnagar on the lines of the Gujarat Regularisation of Unauthorised Development Act, 2001 (Guj. Act no. 23 of 2001 ).

( 6 ) THE Ordinance inter alia provides for, - (i) regularisation by the Designated Authority of unauthorised development (other than the unauthorised development on lands under alignment of existing public roads or an internal road of an approved layout, water courses and water bodies, natural drainage, etc. and areas earmarked for the purpose of obnoxious and hazardous industrial development) in the City of Ulhasnagar made upto the 1st January 2005 and upto 4 Floor Space Index (F. S. I.) in payment of the compounding fees and development charges on the basis of the category of development; (ii) appointment of expert committee consisting of three persons, who have knowledge of and experience in structural engineering, fire fighting and town planning, to advise the Designated Authority about the fire safety measures and structural stability requirements; (iii) regularisation of the unauthorised development in respect of margins and setbacks, covered projection, change of use, height of buildings and parking deficiency, etc. ; (iv) appeal by the person aggrieved by the order or decision of the Designated Authority; (v) Constitution of Infrastructure Development fund.

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