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Section 14: Drawal of lots and preparation of +[waiting list for residential tenements/plots

The Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981.State Rules of Maharashtra · 1977

In case more applications are received than *[the residential tenements/plots] available for disposal for any of the reservation or for the unreserved category, #[the allotment of such tenements/plots] shall be decided by drawal of lots and a waiting list shall be prepared in the manner laid down by the Authority.

+Substituted for the words "waiting list" *Substituted for the words "the tenements/plots", and #Substituted for the words "the allotment of tenements" by Notification No.ARD. 1080/943-IX. dated

18.11.1982.

+[15]. Disposal of amenity tenements.

(1) Tenements in building constructed by the Authority exclusively for providing amenities, such as school, post office, Police station, hospital, shop and such like purpose for the benefit primarily of residents of a housing colony and the tenements reserved for providing such amenities in commercial centers shall be disposed of by the Authority by out-right sale.

(2) Tenements reserved for providing amenities of the type referred to in sub-rule (1) of this rule in buildings constructed by the Authority for residential purposes shall be disposed of by it either by lease or by out-right sale.

(3) Where the amenity tenements are proposed to be disposed of by the Authority on out-right sale as provided in sub-rule (1) or sub-rule (2) of this rule, the purchases price therefore shall be;-

(a) in the case of tenements providing public or essential services such as school, post office, police station, hospital and such other like noncommercial purpose, as may, having regard to its general pricing policy, be determined by the Authority; and

(b) in the case of tenements providing amenities of a commercial nature, as may be determined by the Authority on the basis of tenders invited for the purpose.

(4) Where the purchaser of an amenity tenement is Government, a local authority, or a public sector undertaking the Authority may, if it considers so necessary, allow the purchase price to be paid in more than one installment, subject to such terms and conditions as may be deemed fit by it in that behalf.

(5) (a) When amenity tenements are proposed to be disposed of by the Authority by lease, the premium to be charged therefore shall-

(i) in the case of tenements providing public or essential services of the type referred to in clause

(a) of sub-rule (3) of this rule, be worked out in the manner provided in sub-rule (3) of rule 5 of these rules; and

(ii) in the case of tenements providing amenities of a commercial nature, be determined on the basis of tenders invited for the purpose;

(b)The lease rent to be charged in such case shall be at a rate to be decided by the Authority.

(6) The procedure prescribed for the disposal of commercial tenements shall apply, mutatis mutandis, when the amenity tenements are proposed to be disposed of or the premium in respect of which is proposed to be determined on the basis of invitation of tenders.]

+ Substituted by Notification No.ARD 1080/943-IX dated 18.11.1982.

+[16. Disposal of land under building. – The land underneath a building including a building comprising single storied tenements, constructed by the Board and disposed of on an out-right sale basis or hire purchase basis together with the land appurtenant thereto, shall, subject to any directions issued by the Authority from time to time, be conveyed by lease to the person purchasing the building or the single storied tenement, as the case may be, or to a co-operative society, company or an association of apartment owners formed by the occupants of the building.]

+ Substituted by Notification No.ARD 1083/(1156)-IX, date 17.12.1983.

+[16-A Disposal of amenity and Commercial tenements on hire purchase basis in certain circumstances, - Notwithstanding anything contained in any of the foregoing rules or in any of the regulations made thereunder, if after notifying and renotifying the tenements for disposal in accordance with the provisions of the foregoing rules or regulations made there under the Chief Officer finds that all or any of the amenity tenements or Commercial tenements in a building cannot be disposed of on outright sale basis, such of the tenements as cannot be so disposed of may, with the approval of the Authority be disposed of on hire purchase basis. The amount of deposit or earnest money or both, the period of hire-purchase, and the amount of hire purchase, and the amount of hire purchase installment shall be such as might be determined by the Authority from time to time. The tenders shall be invited and considered for the disposal of such tenements on hire purchase basis in the same manner they are invited and considered for the disposal of tenements on out-right sale basis.

16-B Special provisions for disposal of tenements in certain circumstances. – If, after following the procedure prescribed in the foregoing rules or the Regulations made there under, it is found that there is no adequate response and demand for tenements in any particular scheme, such of the tenements as cannot be so disposed of may be disposed of in any other manner deemed fit by the Authority.]

+Inserted by Notification No.ARD 1083/(1297)/IX dated 22-10-1984.

Where this provision sits

ActThe Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981.
Section14
Marginal noteDrawal of lots and preparation of +[waiting list for residential tenements/plots
JurisdictionState of Maharashtra
StatusIn force as published by the source

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