SIKKIM STATE SITE ALLOTMENT RULES FINALIZED TO STREAMLINE ALLOTMENTS AND CONSTRUCTIONS
GANGTOK, 22 Aug: The State government has finally compiled a set of regulations for the process of site allotments and constructions on such sites.
As per the newly formulated Sikkim State Site Allotment Rules, 2012 site allotment shall be made by the government primarily for residential buildings. These will be by different processes as per the area. For construction in residential areas and residential cum commercial areas such allotment will be on the basis of lottery system as per specific reservation category. For industrial, commercial and institutional areas such allotment will be on the basis of auction or tender.
Such lottery system allotment will be on the basis of a draw on random number technique in the presence of a panel of observers. The conditions are that the applicant is to be a Subject or CoI holder and must not hold a plot in any other municipal area in the state.
In addition 33% of the site area will be reserved for Economically Weaker Section of society, physically handicapped people, victims of natural calamities and people with exemplary records in the area of Art, Science and Sports.
On being allotted a site the beneficiary is to deposit a ‘salami’ with the UD&HD; the salami for reserved categories will be 50% of the total salami applicable for the general category. All allotments will be on lease basis.
The government has also included a provision to ensure that the allotment to weaker sections is not misused. By this provision such a site allotted cannot be transferred prior to 10 years from the date of execution of the lease deed; in case such a transfer takes place the allotment will stand automatically cancelled. However the Lease deed can be transferred to the names of the family members if the allottee dies.
The maximum size of the site will be 1200 square feet and minimum 500 square feet. The allottee can avail housing loan by mortgaging the site with prior approval of the government. However if construction is not taken up within a year after date of issue of construction order the allotment shall be automatically cancelled.
Meanwhile, the haphazard, random and risky constructions which Gangtok and other towns have witnessed over the years were largely due to the fact that there was no comprehensive set of rules on construction and whatever there was were being violated blatantly. However, with last year’s earthquake and on the directions of the Supreme Court, the UD&HD has now formulated the Sikkim State Site Allotment Rules, 2012.
These rules deal with site allotment to individuals, rules of construction, temporary constructions, regularization of unauthorized construction etc.
Among the more pertinent features is that the state government has decided to allow for a one time regularization of unauthorized structures. This will, however, be based on the merits of individual cases. “Any other construction will not be regularized and will be liable for demolition,” the rules state.
Additionally, the government has decided to allow regularization of already occupied sites on payment of fees and on certain conditions as well. These include that the site should have been occupied for 20 years and that the applicant should be from the economically weaker section and should not hold any other plot in a municipal area.
The government has also decided not to allow any more temporary constructions such as pan gumtis, parking garages, stores, etc. In fact sites already allotted on temporary basis will not be renewed after the expiry of the designated deed period and are to be handed back to the government or on the demise of the person allotted the temporary site.
In an important stipulation the government has directed that there is to be no sub-leasing of flat / spaces of the allotted sites and moreover, transfer of lease deed on vacant land has been banned. Any change in the use of the building use and land use is to be according to the master plan.
In addition to these there has also been directions issued on the allotment of additional sites. While there is to be no allotment of additional sites these may be considered for reasons of structural stability and genuine difficulties. However, the additional allotment is not to exceed 50% of the original allotment. This will be a one time allotment. In this regard there are several stipulations which include that there will be no allotment on landslide affected area or sinking areas, on notified green belt, near or below high transmission lines or towers etc.