Body blow for mortgage clause

Hyderabad, February 26: While the Government is seriously contemplating to put the mortgage clause in the building rules to all constructions throughout the State to arrest the trend of unauthorised structures or deviations from sanctioned plan, a key department has put a spoke.

The Stamps and Registration Department has informed quite a few local bodies last month that it will not be maintaining the prohibitory property watch register in the respective sub-registrar offices! The register came into being when the government came up with common building rules more than three years ago.

Rules

These rules which called for a 10 per cent built up space to be mortgaged to the local municipal body concerned as a guarantee against any illegal construction or deviation from the sanctioned plan through an affidavit was first implemented in the capital. Once officials realised the efficacy of the move, it was taken to all the urban bodies.

Under mortgage clause, 10 per cent built up space will be listed in the sub-registrar offices’ prohibitory property watch register to ensure the space is not sold or purchased by anyone. If a building violation occurs, the builder forfeits ownership of the space mortgaged, will be denied an occupancy certificate and the mortgage space has to be demolished.

No powers

“There are no powers to auction the mortgaged space, it has to be demolished. However, we have noticed that the clause is not effective wherever the owner does not sell any space keeping the entire building to himself,” explained a senior official.

Yet, municipal officials have noticed that the mortgage clause has been pretty effective in curbing unauthorised constructions especially for high rises whether residential apartments or commercial buildings. Soon, it was also extended to ground plus two constructions, since rampant deviations from sanctioned plans were noticed in building coming up in plot sizes of 100-300 sq.yards. All that has come to a naught with the Registration Department suddenly withdrawing the prohibitory property watch register. “The department has been claiming that it was losing revenue on account of maintaining such a register defeating the very purpose of ensuring buildings are constructed as per the sanctioned plan,” bemoaned a senior official.

The issue has been brought to the notice of the higher municipal officials in the government and a meeting between heads of departments concerned is to be held to sort it out.

-Agencies