If you are an encroacher on land belonging to the state or central government and it is needed for a project, the government will pay compensation in cash to move you off its land. Also, if there are multiple families living in a hut, each family will get separate compensation, the cabinet decided on May 16. The cost will be borne by the proponent of the project.
The cash will be based on the ready reckoner rate applicable for the area in which the tenement is located. Encroachers who fit the eligibility criteria for free housing will benefit if they are holding up a project. In 2015, the state had empowered collectors to remove encroachers, but no compensation had been fixed.
The cash proposal moved by the state urban development department was approved by the cabinet on May 16, ahead of the 2019 assembly elections.
Turn Head – Encroachments in SoBo could get up to Rs 50 lakh
In urban areas, the criterion applied for Mumbai Urban Transport Project will apply—meaning the cut-off date for eligibility is January 1, 2000. The area of the free tenement to be offered in municipal areas will be 269 sq feet. However, if no tenement is available, the government will offer cash instead of a tenement. The cash will be based on the Ready Reckoner Rate applicable for the area in which the tenement is located.
So, in certain tony localities of south Mumbai—Cuffe Parade, Colaba and Malabar Hill for instance—the compensation could be as much as Rs 50 lakh.
The compensation will also be applicable to compounded structures. This would mean illegal structures that would not be razed after a penalty is paid.
Last year, the state legislature had approved the regularisation of illegal constructions against payment of penalty. In rural areas, the cut-off date for regularisation is January 2011.
The latest proposal approved by the cabinet states that in semi-urban areas or in areas over which municipal councils have jurisdiction, eligible encroachers will be provided 300-sq-foot tenements within 5km of the encroachment. Similarly, in rural areas, encroachers will be provided 500-sq-foot land within a 5km range.
Further, if an encroacher in rural areas has been around prior to January 2000 and is unwilling to accept the land that is provided, s/he will be paid compensation as per the Ready Reckoner Rate besides cost of construction of a tenement in keeping with rules laid down in the Pradhan Mantri Awaas Yojana. Those after 2000 will be paid as per the Ready Reckoner Rate and the minimum construction cost under the same scheme.