MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION

(A Government Of Maharashtra Undertaking)

CIRCULAR

No. MIDC/CP/D53420/2017
Date : 03.10.2017

Subject: Procedure for action to be taken against misuse of Approved Building

Plans / use of Building other than approved user

As per MIDC’s Disposal of Land Regulation 1975 and its subsequent amendments,
the plot is allotted to the plot holder for specific user e.g. Industrial, Residential,
Commercial etc. & lease agreement is executed by Regional Officer mentioning specific
activity & user for the development of Plot.
It is seen that many of the plot holders obtains approval to the Building Plan from
SPA, constructs building and also obtains occupancy certificates and after construction
violates the user for which plot is allotted. At present there is no any policy for action to be
taken by SPA / RO office against such misuse by the applicant.
Therefore, it is felt necessary to formulate guidelines and step by step procedure for
action to be taken against misuse of Buildings constructed as per Approved Building Plan
where which Occupancy Certificate is issued/ yet to be issued. In such cases the detail
procedure to be followed & action to be taken by SPA and R.O. is enclosed herewith.
This Circular is issued with prior approval of Hon. CEO.
Digitally signed by Kamalakar S Akode
DN: c=IN, o=Government Of

Kamalaka
Maharashtra, ou=Maharashtra Industrial
Development Corporation,
postalCode=400093, st=Maharashtra,
2.5.4.20=f4be8150a80119090124e80c3a

r S Akode
219847eff1c49e1ffa09435a5ecb9bb3235
d50,
serialNumber=84eb98d3d656849e410b1
a95d226edce3037768ab5b602302a4ae3
1006b177ff, cn=Kamalakar S Akode
Date: 2017.10.04 17:42:32 +05'30'

Chief Planner
MIDC, Mumbai-93

Copy submitted to Chief Executive Officer, MIDC, Mumbai-93 for favour of information
please.
Copy f.w.c.s. to HOD’s in MIDC for information.
Copy to All Jt. CAOs / Dy. CAOs for information.
All SEs, Executive Engineers/Dy. Engineers
Copy to All SPAs & ROs for necessary action.
Step by Step procedure for action to be taken against misuse of
Approved Building Plan in which Occupancy Certificate is
issued /yet to be issued (User other than approved user)

Sr. Point / Action Time Action to

No. Period be
(days) initiated
by

When any complaint is received to RO/SPA or during

regular site inspection it is noticed by SPA for any
07
misuse of constructed Building, SPA shall confirm/
1 certify with present owner’s name, address & email id.
SPA should intimate the Regional Officer (SPA shall R.O. /SPA

examine the owner details as per office record /obtain

owner’s details from RO )

A notice under MR&TP ACT 1966 of 30 days shall be

2 served to plot holder & user.
30 S.P.A.

After 30 days, if illegal activity is not stopped by the

user/ plot holder, again 7 days final notice shall be
3 07
issued mentioning property will be sealed if the illegal S.P.A.
activity is not stopped.

After expiry of 07 days, The water connection of plot

holders shall be disconnected immediately within 3
03
days & inform to MSEDCL to cut the power S.P.A. /

4 connection with copy to concerned RO. (Needs Billing

amendment in agreement to lease & water supply Sub-
agreement. ) Division.
& RO
 After that, a joint inspection shall be done on next day

5 & panchnama shall be done on site & seal the property

03 R.O. &
jointly.
SPA

Inform the RO to take legal action against plot holder --

6 to cancel the lease agreement
SPA.

During the course of time, if the user/ allotte starts --

again the illegal use & breaks the seal, then action as
per sec. 53 shall be initiated & FIR shall be filled
against plot owner with prior approval of ACE/CE &
7 again it shall be jointly sealed. S.P.A. &
R.O.
The powers for sanction of prosecution are delegated
to CE/ACE as per Annex-01 of office order No. 89 of
2017 dtd. 25/04/2017 issued by CE (HQ).

If allottee is not stopping the illegal use in spite of --

above actions, procedure of plot allotment shall be
8
cancelled & plot shall be taken back without any
compensation to plot holder. R.O.