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Conversion, Mutation and Mortgage permission of residential leasehold plot under General Administration Department within Bhubaneswar Municipal Corporation area.
In order to simplify the previous procedure of conversion, Mutation and grant of Mortgage permission on residential lease hold plots, this Deptt. have developed and adapted many techniques and methods in its internal systems. The constant endeavor of this Deptt. have resulted in forming a public and official friendly environment to dispose the pending applications smoothly and quickly. The website www.gaestate.in has been inaugurated by Hon’ble Chief Minister to provide service through online. The right to Public Service Act 2012 has been enacted by the govt. to deliver Public Services to the citizens within a given time limit. The above mentioned 3 Public Services have been notified to be disposed under Odisha Right to Public Service Act-2012 vide no. 969 dt. 22.06.2015 as detailed below:-
|Sl. No.||Name of the Service||No. of days||Designated officer||Appellate Authority||Revisional authority|
|1.||Issue of mortgage permission of lease hold plots||30||Section/Desk officer||Additional land / Land officer||Director of Estates|
|2.||Issue of conversion order of lease hold plots||90||Section/Desk officer||Additional land / Land officer||Director of Estates|
|3.||Issue of mutation order of lease hold plots||60||Section/Desk officer||Additional land / Land officer||Director of Estates|
Salient Features of the Scheme
1. Conversion fees 5% of the prevailing rate of premium in respect of the plots on which building have been constructed as per approved plan, 10% in case of houses constructed with deviation of approved plan, 10% in case of vacant plots and 20% where the lessee has used the land for other than residential purpose will be charged for such conversion.
2. The above rates would be applicable even in cases where there is deviation from the Bhubaneswar Development Authority or Bhubaneswar Municipal Corporation approved plans, since Bhubaneswar Development Authority/ Bhubaneswar Municipal Corporation are empowered to take action for such violation under Orissa Development Authority Act/Municipal Act, respectively.
3. The Scheme is applicable only for full premium paid residential plots allotted in favour of individuals on leasehold basis. Premium free residential plots shall not be included under this Scheme.
4. Conversion will be allowed both in case of vacant plots and plots where the residential building has been constructed as per the approved plan of the competent authority and also in case of deviation from the approved building plan.
5. The lessee is only eligible to apply in prescribed form along with required documents for conversion of the leasehold plots into freehold. The application will not be entertained if the same has not been made in prescribed form and accompanied with all required documents and fees.
6. The lessee/applicant will have to clear all arrear rent @12% interest or as determined by Government, from time to time whichever is higher, before permission is accorded for conversion. In case of the lessee/applicant who fails to deposit the revised rent, his/her freehold application shall be rejected and the conversion charges deposited earlier shall be forfeited.
7. If the plot has been mortgaged to one or more institutions with one mortgage or more, the conversion shall be considered only after submitting No Objection Certificates from all the mortgages.
8. If there is any dispute over the right, title and interest of the leasehold property in any Court of Law, the freehold application shall be considered only after the case is disposed of.
9. . If the mutation case over the leasehold land is pending, the freehold application shall be accepted only after disposal of the mutation case.
10. Lessees who have encroached or unauthorizedly occupied government land anywhere within Bhubaneswar Municipal Corporation limits would not be eligible to be covered under the Scheme unless they vacate the unauthorized occupation.
11. The lessee/applicant shall deposit the processing fee amounting Rs.400 (Rupees four hundred) only under the head of account “0070-Other Administrative Services-60-others Services-800-Other Receipts-0232-Fees,Fines and Sale Proceeds of Forms for Sale/use of govt. Land at State capital-02226-payment of Consent fee-02228-Fees for temporary use of govt. Land at State capital-02229-Fines for delay in deposit of premium on Lease land/Registration of Lease Deed-02230-Sales Proceeds of Application Forms, etc.” through online treasury deposit at the time of submission of freehold application. Online Treasury deposit is the only mode of payment available to the lessees for conversion.
12. On permission for conversion to freehold status, the lessee/applicant shall have to deposit the required amount towards conversion fees and differential land premium, if any, through online treasury deposit in the head of Account “ 0029-Land revenue-107-Sale of Waste Land & Redemption of Land-0228-Sale of Home Stead Land in New Capital Bhubaneswar-0156-Premium on Government Land”. If the lessee/applicant fails to deposit the said amount within 30 days from the date of receipt of permission order, his/her application shall stand automatically cancelled.
13. THE PROCEDURE FOR SUBMISSION OF APPLICANTION FOR CONVERSION:
13.1. The lessee shall download the conversion application form from www.odisha.gov.in (G.A Deptt) and fill up the same with details of lease hold plots and lessee.
13.2. Indemnity Bond executed before Notary and Affidavit executed before Executive Magistrate in the prescribed format of the G.A. Department available in www.odisha.gov.in is compulsory for conversion of residential plots.
13.3. The applicant/lessee shall submit the conversion application along with all requisite documents in the facilitation centre of G.A. Department in the premises of Estate Court.
13.4. If the application is incomplete in any respect or fees have not been deposited through online treasury deposit, the same shall not be accepted in the facilitation centre.
13.5. Where the applications are submitted with all required papers with fees, and complete in all respects, permission will be accorded in the site www.gaestate.in and the applicant/s shall be intimated regarding permission of his/her/their conversion application through unique Registration No that was allocated during online application besides dispatch of hardcopy.
13.6 The lessee/applicant shall prepare Conveyance Deed in stamp papers in consultation with the District Sub- Registrar, Bhubaneswar/ Sub-Registrar, Khandagiri, Bhubaneswar and submit the same in G.A. Department for approval within 30(thirty) days.
13.7. The lessee/applicant shall bear the stamp duty and registration fees and register the conveyance deed in consultation with the District Sub- Registrar, Bhubaneswar/Sub-Registrar, Khandagiri, Bhubaneswar.
14. DOCUMENTS TO BE SUBMITTED ALONG WITH FREEHOLD APPLICATION:
14.1. The lessee shall be required to submit following documents alongwith the original freehold application.
14.1.1. A photocopy of the original lease deed/tripartite deed duly attested by a Gazetted Officer/Notary Public.
14.1.2. Attested copy of the up to date rent receipt.
14.1.3. An affidavit to be sworn in by the lessee before the Executive Magistrate to the effect that he/she has constructed the building and used the same for the purpose for which the land was allotted or deviation (if any) has been made.
14.1.4. Attested copy of the no objection certificate from the mortgagee in case the plot is mortgaged.
14.1.5. Front side attested Photograph of the applicant / applicants (All Mutates)
14.1.6. Indemnity bond is prescribed Form from Notary / Executive Magistrate.
14.1.7. Attested copy of up-to-date Holding Tax receipt (if assessed).
14.1.8. Attested copy of Identity Proof of the applicant(s).
14.1.9. Three Specimen Signatures of application (s)in the prescribed form.
14.1.10. Certified copy registered deed of Relinquishment / Family settlement (if any co-sharer has relinquished the right in favour of other co-sharers/after the lessee, the family has settled amicably in a registered deed of family settlement).
14.1.11. List of name and address of other Coparceners of the lease property to whom communication will be made on order of conversion.
14.1.12. In case of original Allottee is dead applicant has to submit
- Attested Xerox copy of death certificate
- Attested Xerox copy of legal-heir certificate.
- Attested Xerox copy of mutation copy
14.2. In appropriate cases there may be spot verification.
15. THE PROCEDURE FOR SUBMISSION OF APPLICANTION FOR MUTATION:
15.1. The legal heirs of the lessee shall apply for mutation of the lease land in a plain paper addressed to Director of Estates, G.A. Deptt. with the following documents.
15.1.1. The Online Printed application duly signed by applicant(s).
15.1.2. The legal heir certificate of lessee & the legal heir certificate of legal heir/s of lessee if any.
15.1.3. Copy of original lease deed.
15.1.4. Copy of up to date rent receipt.
15.1.5. Copy of up to date holding tax receipt.
15.1.6. Copy of RoR.
15.1.7. Copy of E.C (Encumbrance Certificate).
15.1.8. Copy of Relinquishment deed if any.
15.1.9. Copy of ID Proof of all legal heirs.
15.1.10. The death certificate of lessee & the death certificate of legal heir/s of lessee if any.
15.2. During the process of disposal of mutation application the legal heirs of the lessee shall have to visit the land section with all their original documents for verification on intimation.
16. THE PROCEDURE FOR SUBMISSION OF APPLICANTION FOR MORTGAGE PERMISSION (NOC):
16.1. The lessee shall apply for NOC to mortgage the lease land in a plain paper addressed to Director of Estates, G.A. Deptt. with the following documents.
16.1.1. The Online Printed application duly signed by applicant(s).
16.1.2. Copy of approved building plan by the Competent Authority.
16.1.3. Copy of project report & re-payment Schedule in case of Commercial leases.
16.1.4. Copy of No Objection Certificate issued by the financial institution/Mortgager if any.
16.1.5. Copy of E.C (Encumbrance Certificate).
16.1.6. Copy of up to date rent receipt.
16.1.7. Copy of up to date holding tax receipt.
16.1.8. Copy of original lease deed.
16.1.9. The consent letter of the financial institution mentioning the loan component.
16.2. If the authority so pleases, the lease plot shall be subject to spot verification by the R.I of G.A. Deptt.
17. Applications disposed of earlier shall not be reopened.
ORDER:- Ordered that the Resolution be published in the extraordinary issue of the Orissa Gazette. Ordered also that copies of the Resolution be forwarded to all Departments of the Government / all Heads of Department / A.G. (A & E), Orissa, Bhubaneswar/GA Deptt. Website.