New Procedures in Town Planning

Government have issued orders delegating certain powers of Capital Region Development Authority to respective local bodies and the staff working in the authority to New Procedures in Town Planning.

New Procedures in Town Planning

The government have issued Andhra Pradesh Building Rules, 2017 applicable to the building activities in the State, based on the Model Building Bye-Laws, 2016 of Government of India. The government have issued certain amendments to the New Procedures in Town Planning.

Government have issued orders for Internal delegation of powers within the Municipalities, Municipal Corporations and Urban Development Authorities. In G.O. 6th read above, orders were issued delegating powers to the ULBs and G.Ps falling in the Urban Development Authorities jurisdiction.

DTCP, AP has informed that, during various Stakeholders meetings certain functional difficulties in Town Planning in ULBs/DAs are bought to the notice. In order to make it transparent and more people friendly, it is necessary to streamline the functions in town planning.

After careful examination of the matter, and in exercise of the powers conferred by section 585 read with section 592 of the Andhra Pradesh Municipal Corporation Act, 1955 (adapted GHMC Act, 1955); section 18 of the Andhra Pradesh Municipal Corporations Act, 1994; section 326 of the Andhra Pradesh Municipalities Act, 1965, section 44 (1) of the Andhra Pradesh (Andhra Area) Town Planning Act,1920 and section 117 of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016, the Government of Andhra Pradesh, hereby issue the following orders.

(i) Dispensing post verification in online building permission system:

The following guidelines are issued for processing building applications in online building permission system to remove difficulties and to ensure transparency in Town Planning:

a) Once the file is scrutinised by the system online as per rules and upon payment of requisite fee, the approved plan and proceedings shall be generated online automatically by the system as a sanctioned plan. The same can be downloaded by the applicant.
b) Thereafter, the applicant is permitted to commence construction as per such approved building plans.
c) The applicant is responsible for any misrepresentation or suppression of facts while submitting such plans for approval and such approval order is deemed to be cancelled and liable for action as per the provisions of the relevant Act.
d) Action shall be taken on the concerned LTP/Builder for black listing. DTCP will develop an online module to take care of actions taken on LTPs/ Builder.
e) All online approved plans are made transparent and can be viewed by all concerned officials for reference and verification.
f) The delegation of powers to the extent of building approvals issued in G.Os 1st, 5th and 6th read above for post verification is withdrawn.

(ii) Action on Unauthorised Constructions and Unauthorized Layouts:

It has been observed that, the number of Unauthorised Constructions/ constructions made in deviation to the sanctioned plans and unauthorized layouts on record are far less than the actual on ground and no effective action was taken earlier.

In this regard a Web-GIS and mobile application solution for unauthorised constructions/constructions made in deviation to the sanctioned plans and unauthorized layouts, is developed. This application captures the details of unauthorised constructions/constructions made in deviation to the sanctioned plans and unauthorized layouts. This also provides automatic generation of notices for such developments as per Rules in single online platform for the entire State of Andhra Pradesh to ensure the following:

Uniform procedure and effective action on unauthorized developments.
Transparency in enforcement actions
Timely actions.
Enable centralized monitoring of performance of ULBs and
Development Authorities in enforcement of rules in force.

Therefore, ULBs/UDAs and Metropolitan Authorities shall ensure the following:

a) The Ward Planning and Regulation Secretary (WP&RS) shall upload details of all ongoing constructions/layouts including identified deviations under development within 15 days of issue of this GO and on daily basis thereafter.
b) The WP&RS and other concerned officers shall be responsible, for any unauthorized constructions/layouts cropping up in their respective areas.
c) All actions on unauthorized constructions and layouts taken shall be reported through online only and no manual intervention is allowed.

(iii) Supervisory Checks:

In order to have effective supervisory checks on all town planning activities by the concerned personnel, in all ULBs and Development Authorities viz., Building Plan/Layout Plan approvals, Occupancy Certificates, BPS, LRS, TDR Issues, Enforcement actions on unauthorised constructions and layouts, redressal of Citizen grievances, Master Plan preparation and Implementation etc., are made mandatory.

The DTCP therefore shall develop a centralised online module to select files at random for inspection and to up-load and monitor the inspection reports. The inspecting Officers shall clearly mention the lapses upon the subordinate officers with their names in the reports and suggest action to taken on erring officials. All the functionaries concerned shall upload the inspection reports in the online module developed by the DTCP every fortnight for further action.

The Municipal Commissioners and Regional Deputy Directors of Town Planning (RDDTPs) are responsible to see that WP&RS and other Town Planning functionaries deliver the services within the frame work of rules. Any supervisory lapses shall be viewed seriously and liable for action. The CDMA and DTCP shall initiate necessary action against such concerned as per rules in force. A monitoring cell shall be created in the office of DT&CP for this purpose.

(iv) Feedback from Applicants:

There is no effective feedback from general public to assess service delivery and thereby to improve upon the system effectively.

Hence, the following methods of feedback are made available to improve and to have the knowledge of the service delivery in ULBs/DAs.

a) Mobile based feedback: It shall be made mandatory to rank the efficiency of service in a scale of 1 to 10 in all the online services after downloading the approvals, from the applicants.
b) IVRS: The DTCP shall engage the services of IVRS service providers to get feedback from the applicant on the services rendered.
c) Direct Telephonic feedback: DTCP shall ensure that Phone calls shall be made from CCC to selected applicants and record their feedback and also get telephonic feedback from his office with selected applicants.
d) All this feedback shall be analysed once in a fortnight and corrective steps taken shall be informed to the Government.

(v) Real time Online TDR Module:

A Real time online TDR module has been developed which is a single platform throughout the state, for issuing, transfer and utilisation of TDR in a transparent manner. It is observed that most of the existing TDRs are not validated. Therefore, all exiting TDRs shall be updated and validated by Commissioners of ULBs/VCs of UDAs and Metropolitan Commissioners, VMRDA & AMRDA within a month of issue of this G.O. The non compliance of instructions issued in this GO will be viewed by the Government seriously. RDP approved by the competent authority and Site Plan shall be uploaded by the concerned while processing the application for issue of fresh TDR. DTCP shall be the monitoring authority to issue guidelines from time to time.

(vi) VLT Integration with Building Permissions:

To avoid delay, online building permission is integrated with ERP module duly making provision for automatic calculation and allowing payment of VLT to be paid along with building permission fee through online.

(vii) Integration of Online Portals:

It has been observed that, at present, the concerned staff are attending registration offices personally with the authorization of Sanctioning Authority for release of mortgaged area and there is a delay and lack of transparency.

Further, it has been observed that at present, the Charges for approval and regularisation are based on Market Value of property. Due to manual verification of Market Value, there is a possibility of wrong calculation and revenue leakages.

Therefore, the online modules such as APDPMS, TDR, UCIM, CLU, BPS, LRS shall be integrated with IGRS, Webland and Mee Bhoomi online portals of Revenue and Registration Department.

The Sub-Registrars of the Registration department can verify the data related to release of mortgage deed by using the login credentials and dispense with physical presence and manual verification once occupancy certificate is issued.

The C&DMA, AP and the DTCP, AP shall take necessary action accordingly and also issue instructions to all the concerned for effective implementations of above orders.

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