BREACHES (CHANGE OF PURPOSE OR UNAUTHORISED CONSTRUCTION)
Where a breach
of unauthorised construction misuse is noticed a show cause notice shall be sent to the
lessee asking him to remove the breach with in 30 days from the date of notice. This period of notice may however, be extended to
60 days if the lessee gives cogent reasons to the satisfaction of the lessor. Where, however, the lessee neither removes the
breaches nor sends any communication to the satisfaction of the lessor after the receipt
of the notice, action shall be taken to re-enter upon the property whereupon the lease
will stand forfeited. The re-entry order
shall be communicated to the lessee requesting him to hand over possession of the leased
premises to the nominated official of the lessor. If
the lessee does not hand over possession to the said officer, action under the Public
Premises (Eviction of Unauthorised Occupants) Act, 1971 for the eviction of the ex-lessee
shall be initiated in the Court of Estate Officer in addition to the recovery of Govt.
dues including damages charges etc.
Any communication from the lessee that the breach will be removed at a future date shall be disregarded. However, on receipt of intimation from the lessee indicating the specific date of removal of the breach, the premises shall be inspected again as soon as reasonably possible and if the breach is found removed at the time of such inspection, charges for the breach shall be recoverable upto one day before the date of receipt of intimation about the removal of the breach.
formulae for calculation of charges for change of use are as under:-
Misused Present The land
Size area commercial rate on
Of the X ----------- X rate of (-) the date X 10 ½ %
Plot Permissible land for of last
covered the purpose transaction
area for which for which
the property land was
is misused. Leased
to 31.8.1981, the percentage multiplier in the above formula was 12 ½ & from 1.9.1989
onwards it is 13.9.
In the case of the residential leases in Rehabilitation Colonies, misuse charges recoverable from 5.5.1982 onwards shall be in accordance with the following formula:-
Misused Present pre- Present Pre-
Size area determined com- determined
Of the X ----------- X -mercial value of (-) value of X 10 ½ %
Plot Permissible the land for land for the
covered the purpose purpose for
area for which which it was
the property leased.
In cases where
whole of the premises is under misuse, the misused area shall be taken as the total built
up area i.e. plinth area including thickness of all the walls, garages and servant
quarters. In cases of misuse of part of the
premises, the misused area shall be calculated according to actual measurements of the
area under misuse, such area being assessable/verifiable from the building plan as
sanctioned by the local municipal body.
The rates of
damages charges for different areas/localities shall be fixed by the Government from time
In addition to
misuse charges for change of user and damages charges for unauthorised construction, 10 %
penalty shall also be recovered as under:-
Non re-entered cases on misuse charges only;
Re-entered cases both on misuse charges as well as on damages charges.
These charges may be paid in lumpsum or in monthly instalments not exceeding
24 for which interest at the rates as fixed by the Government shall be charged.
The facility of payment by instalments shall be further subject to the condition
the case of non re-entered premises, the lessee shall be required to execute a bond.
in case if re-entered premises, the ex-lessee shall be required to execute a
supplementary lease, and
in conversion cases, the applicant shall be required to furnish a bank guarantee
for the total amount of charges.
Where the lessee/ex-lessee files suit for eviction against defaulting tenants on receipt of the notice from the lessor for misuse and is successful in eviction of such tenants, on percent of the charges shall be recovered as token penalty in consultation with the Ministry of Urban Development and Finance.