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N o.ULC/1479/1 Ll66 Urban Land Ceiling cell,Maharashtra industrialOevelopment Corporation,Marol Indl. Hrea,Mahakali caves Road,Andheri (East), BOr'lBAY- 4,J0093•.

Date t3.lth I-I_JuGr.1)79

C I R C U L A R\ 'I

to follow a revised pr:cqcedu,ref.,~~,~E3..a~inQ.with, the applications• '< J ~1\....rl ....' (~r\ ,_, I ' ._ ,,' • ',_,f ; '- ,-J rl..; " \~

under section 26 & 27 of the U.L.(C. & R.) Hct, 1976. This

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new procedur~ has been ap~roved by the C.E.O., MIUC on 6.8.1979.

The important aspects of the revised procedure are as

under :-

1. Since in MIOC areas all the allottees are covered by

the clauses of f~nal lease, the transfers of property in MIUC

area is fully controlled by MIDC and once the consent for

transfer is granted by the Competent Officer of MIDC, the

permission under section 26 or 27 remains a mere formality since

there is no question f the Compptent Authority under U.L.(C&R)

Act exercising right of preemption given under sections 26 & 27.

The erRire orlu'sofmaking '8citrect.andfactual statement would

il::ie'on theaIDpl,iG8hts the'mselv8,s.

2. Even in respect of creating additional charge on the

rno rt qaqed property, the consent of IHDC is necessary and

therefore, it is not necessary for the Competent Authority,

rUDC Areas to mention the value/amount of mortgage in the orders

passed by him while granting permission under section 27 for

transfer by way of mortgage.

3. Similarly, the built up area standing on the plot

allotted by MIDC keeps on changing as the allottee constructs

more buildings. In view of the effective control by MIDC over

~any ..transf8r ~o financial institutions by the allottees, it is

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secretary, mDC, (.: the Regional Officer, moc at the time

of granting final lease to the allottee again would be dealt

with as indicated in para (1) aoove and therefore the

applicant concerned i.e. the Deputy Secretary, MIDC or the

Regional Officer concerned, who is the applicant/transferor

in such casos will be responsible for the statements mado

in the application.

5. Only one copy of tho application under section 27(2)

in form VIII duly affixed with Rs.10/- Court Fee stamp

would be required instead of the applicatlon in triplicate.

6. Since the pr ope rt y to be transferred is fully

described with the plot No., the industrial area and the

area of the plot, hereafter the practice of attaching the

block plan to each order is discontinued and only one copy

of the block plan for thu record of the Com~tent Huthority

shall be submitted along with the application.

7. The practice of getting the photostat ~opy of the

letter from tho financial institutions re~ard~ng the loan

sanctionod, would not be necessary along with the

application since, when the consent is granted by Mli~ for

the transfer or creating additional char~e, this basic

detail would, deemed to have been vorifj.ed by the I.,IDC

Officors concerned, who grant the consent. The

Regional Officer c::the Dl3puty Secretary while issuing

consent order should hereafter invariaoly endorse a copy

of this consent to the Competent Authority.

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8. Similarly ~ photostat copy of tho receipt

issued by the sub Registrar's office for lodging the

lease for registrdtion would be nocossary only if the

lease is exec c t.ed in .J po ricd of one year prior to

date of application.

In view of thd salient points indicated above,

the requirement for submission of so ct i.on 26 & 27

appl ications wh ich we ro circulated in the past stand.

revised and which have beLln indicated in the annexture I.

~ ,n~~ j;~.Y //'~\! \;2J~ \ '0

~rchitect Town Planner,I'lIDC & Competent /-\uthorityNo.3, FlIOC Industrial ;I."~a

To :-

1) All Hoads of Oupartments of M1DC.

2) The Regional [ffieDrs, f'lIOC,Nagpur/Pune/Auranjabad.

3) All Area Mana Jurs, nt DC, narol, Bombay - 400 1)93.

4) All Executivo Lnq irrue rs , MIOC, Marol.

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Annexture I

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION(A Government of Maharashtra Undertaking)

URBAN LAND CEILING CELLRequirement u!?-d~~.section 27(2) of the U.L.(C&R)Act,1976.

Allottee must be a Lessee.

1. A letter should be ad1ressed t6 the Competent.Authority ,M-IDCIndustria1 Areas, UrbanAgglomeration, ]'In-.~ Offj >"', M8.hal~aliCaves Road,Andheri(East),Bombay-40(\ (93, with the details of -

Name of the Industri :L i..reaPlot No.Area of the plot illsq.Metres.Date of possession.Date of Agreement to Lease.Date of final lease.+otal area under buildings.Vacant land.

2. Application in Form No.VIII with ~ourt Fee lable ofRs.10/- to be affixed(only one application). In case oftheallottees, the names of the applicant must beidentical to that of the names appearing in MIDC'sConsent/Lease as "Lessee" and only these persons shouldapply: .3. Consent letter from the Chief Executive Officer,MIDC,Bombay to mortgage/transfer land to the financial -institutions/any other person.!4.:' Photostat copy of the proof of registration oflease or a proof of lodging the lease with the SubRegistrar for registration in case the lease is executedin a period less than one year from the date ofapplication.5. One copy of the block plan of the plot drawn to ascale of 1 C.M.= 5 Metres indicating thereon in distinqtcolours (i) the :plinth area of the Buildings constructedprjo.r to 28.1.76(with dimensions in metres)'ii) the landappurtenant to the said buildings computed as per theprovisions of the Ceiling Act, (iii) the plinth area ofthe buildings constructed, if any, after 28.1.76 till thedate of application, (iv) the area of the vacant land,(v)the extent of property proposed to be transferred/mortga--ged etc. This plan should bear the following certificateeither.of the licenced Architect(with his licence No.)orof the concerned Execu tive Engineer,fvlIDC,

" This is to certify that all the detailsshown on the block plan are correct andthat the buildings shown on the blockplan are constructed as per approvedplans. ,t,t

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~_::,ements Under Section 26(1) of the V.L. (cy R)Act,1976.

Allottee mut;t be a Lessee.

. - : . :. - ." ..-. ""~ A lette'r should be 'addressed to the Comr et ent Authority, rUDC ~J-ndustrial Areas, _ "_ "l)rban i1,;e;lcmeration,MIDC Office, ~(,ahak aLf Caves Road,Andhe'ri(East),Bombay-40;: ~193, with the details of •) Name of the Industrial Area,) P~,at No.) Area of the plot in sq.Metres.) Date of possession.) Da te of Agreement to Lea<,)) D~te of final lease.),::' G tal area under build ing "-") Vacant land.• Notice under section 26{1 ) .of the U.L. (c ::. R)Act, 1976. ( inJplicate). The names of the applicant must be identical to that of1e names appearing in MIDC's consent/lease 3S "Lessee" and onlylese per~ons should apply.· An affidavit on stamped paper of appropriate value(form of~fidavi,t is given in notice.) Aff idavi t should be of the applicantsrbrn.i ttihg the notice under section 26( 1 ).· Photostat copy of the consent letter from the Chief Executive:ficer,MIDC, Bombay to mortgage/transfer land to the financiallstitutjons/any other person.,

Photostat copy of the pr-oof of registration of lease or a prooflodging the lease with the Sub ,Registrar for registration in case

1e lease is executed in a period less than one year from th~ date, application.

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One copy of the block plan of the plot irawn to a ~cale ofC.M.= 5 Metres indicating thereon in distinct colours (1) the plinth'ea of the buildings constructed prior to 2S.1.76(with dimensions in,tres)(ii) the land appurtenant to the said buildings'computed asr the provisions of the Ceiling Act. (iii)the plinth area of theildings constructed, if any, after 28.1.76 till theda~e of applica-ion (iv) the area of the vacant land (v) Uie extent of propertyoposep.to be transferred/mortgaged etc. This plan'should bear thel.iowing certificate either of the'licenced Architect(with his ~cence No.) or of the concerned Executive Sngineer,MIDC, I.i-J

" This is to certify that ::,<Ll the details shown onthe block plan are correct ~nd that the buildings

shown on the block plan 2r~ constructed as perapproved plans."

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