GO Ms NO 88
GO Ms NO 88
GO Ms NO 88
HSE-49/2016
PART I EXTRAORDINARY
No.1084 AMARAVATI, WEDNESDAY, JULY 6, 2022 G.709
NOTIFICATIONS BY GOVERNMENT
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envisages to develop ‘Jagananna Smart Townships’ in each of the Assembly
Constituencies. To accomplish this, it is imperative that huge land banks,
finances, capacities are required.
6. All the concerned officials shall take further necessary action in the
matter accordingly.
“Applicable Laws” means all laws, promulgated or brought into force and
effect by GoI/GoAP including regulations, rules, directions, bye-laws,
notifications, ordinances and judgments having force of law, or any final
interpretation by a Court of Law having jurisdiction over the matter in
question as may be in force and effect during the subsistence of the Policy.
“Developer Entity or DE” shall mean such Persons registered with UDA
and NAREDCO/CREDAI and qualify all eligibility criteria set out in this
Policy.
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“Detailed Project Report or DPR” shall mean the report encapsulating
planning and execution details for Project.
“Eligible Project Assets” or “EPA” means such lands which qualify all the
following criteria:
“Escrow Account” shall mean the separate account or accounts created and
maintained pursuant to Clause 6 of this Policy.
“Escrow Agent” means such Person(s) nominated by DLC at the time of
execution of the Escrow Agreement.
“Escrow Agreement” means the agreement that will be executed between
UDA, DE, Program Manager and the Escrow Agent for the purpose of
opening and maintaining the Escrow Account.
“MIG” means Middle Income Group or such household group fitting into
criteria as determined by GoAP under the Initiative from time to time.
“MIG Plot(s)” means such Plots having sizes as detailed below and which
will be offered for sale to MIG Applicants in the Project under this Initiative.
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"Person(s)" includes any individual, firm, company, governmental authority,
joint venture, association, partnership or other entity (whether or not having
separate legal personality).
“Plot(s)” means all the parcels of EPA, that have been developed for the
purpose of sale under applicable laws.
“Private Buyer Plot(s)” shall mean such Plots other than the MIG Plots in
the Project.
“Program Manager” means Andhra Pradesh Urban Infrastructure Asset
Management Limited (APUIAML).
“RERA Act” means Real Estate (Regulation and Development) Act, 2016.
2. INSTITUTIONAL FRAMEWORK
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Joint Collector;
District Registrar;
Vice Chairperson/Metropolitan Commissioner of
Urban Development Authority/VMRDA/AP CRDA -
Convenor;
Program Manager (APUIAML).
iii. In case the DE offers more than 40% as UDA share for sale for
MIG applicants the DLC reserves the right of accepting or
rejecting such proposal.
3. IMPLEMENTATION FRAMEWORK
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In pursuant to notification of this Policy, UDA shall invite DEs
through paper notification by giving wide publicity.
d. Receipt of Applications:
i. The DLC shall review the DPR and scrutinize and analyse the
eligibility of the DE, feasibility/suitability in all aspects of
EPA for successful implementation of the Project based on
following parameters:
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Marketability of the MIG Plots in EPA duly
considering the demand ascertained at various levels;
Sale Price offered for MIG Plots;
Approvals required for implementation of Project;
Timelines indicated by DE in the Application with
respect to land acquisition, development of
infrastructure etc;
Any others such parameter(s) the DLC deems fit.
ii. For evaluation purposes, UDA shall assess the demand for MIG
plots, to the extent possible, for EPA specific locations.
iii. The DLC shall discuss with the DE w.r.t timelines, extent of
plotted area and nos. of MIG Plots offered, location of MIG
Plots in the EPA, Sale Price of the MIG Plots, list of approvals
for implementation of Project and any other matter it deems
fit to execute the Project in interest of the successful
implementation of the Initiative.
iv. In cases where UDA receives more than one application for
same location/region, the DLC shall finalize the DE for
implementation of the Project based on guidelines set out in
Annexure IV.
vi. The DLC shall ensure that the sale price of MIG Plots shall
always be less than at least 10% and up to 20% below the
market rate. However, if DE offers a sale price beyond 20%
below the market rate, the DLC shall appropriately evaluate
the offer. The decision of the DLC on sale pricing of MIG
Plots shall be final.
vii. The DLC, while finalising the sale price, shall duly consider G.O
Ms.No.3, MA & UD, dt: 12.01.2022, G.O Ms.No.7, MA & UD,
dt: 25.01.2022and any other rebates/reservations that are
made available, from time to time by GoAP, to government
employees, pensioners etc.
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i. Upon receipt of approval for the Project from DLC, UDA shall
issue Letter of Award (LoA) to DE.
ii. The LoA shall formalize the terms agreed by way of finalising the
location, extent, MIG Plots in the EPA, timeline for
acquisition of EPA, timeline for accord of requisite approvals,
timeline for development of infrastructure, price at which
MIG Plots will be purchased by MIG Applicants and other
parameters as required for successful implementation of the
Project.
iii. This LoA issued shall form a legally binding relationship
between UDA and the DE.
h. Acquisition of EPA
j. Infrastructure Development:
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i. Upon accord of all requisite approvals, DE shall be liable to
develop infrastructure within six (06) months from the date
of registration of the Project with RERA or within the
timelines extended on the basis of mutual agreement
subject.
ii. The infrastructure development shall comply with (meeting)
Minimum Development Standards (“MDS”) and RERA act
and Rules. The MDS are annexed at Annexure V.
iii. During and after the development of the Project, the UDA with
assistance of Program Manager shall carry out inspections
and verify the adherence of development of the Project to the
MDS and other terms and conditions of the Agreement.
iv. Upon completion of development of infrastructure, the DE by
way of a written communication shall intimate UDA on the
status of Project.
i. UDA shall have the sole right to act at its discretion and in
pursuance to terms and conditions of Agreement, other
applicable acts, policies procedures and other guidelines
issued by GoAP from time to time over allocation process,
allottee selection, MIG Plots, timelines for registration,
payment schedules for MIG Plots.
ii. UDA shall initiate notification for calling of applications for sale
of MIG Plots from the date of registration of the Project with
RERA.
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iii. The online portal “https://migapdtcp.ap.gov.in/” and/or other
portals/platforms/avenues issued by GoAP from time to
time shall be used for receipt of applications.
iv. The allotment of MIG Plots on lottery basis shall be carried out
by the UDA as per the procedure laid out in G.O.Ms.No.76,
MA & UD, dt: 28.07.2021 and G.O. Ms.No.12, MA & UD, dt:
10.02.2022 and other guidelines issued by GoAP from time
to time.
vi. Upon Allotment being made, the allottee is liable to pay the
remainder of instalments to complete registration process,
subject to Clause 4(a) below.
vii. UDA shall, on best effort basis, market and sell all the MIG Plots
to MIG Applicants.
viii. Subject to Clause 3(k)(vii), if the UDA fails to sell all the MIG
Plots within 6 months from the date of issuance of CC, the
rights over the unsold MIG Plots, shall be transferred to the
DE and the DE shall dispose such Plots at its discretion.
ix. The UDA may seek additional time, and upon mutual
agreement, UDA may be permitted to sell unsold MIG Plots
beyond 6 months from the date of issuance of CC.
x. Further, the UDA may also seek additional Plots, and upon
mutual agreement to that effect, the UDA may sell such
additional Plots to MIG Applicants. The additional Plots are
to be sold at the price as per the terms & conditions of the
Agreement.
Instalment 1:
1 Along with Application
10% of the sale
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price of Plot
Instalment 3:
Upon completion of the Project & at the time of
3 80% of the sale
registration
price of Plot.
5. REVENUE SHARING
a. The DE shall be entitled to 96% of the gross revenue accrued
from the sale of MIG Plots (“DE’s Share”).
6. ESCROW AGREEMENT
a. Upon executing the development Agreement, in order to safeguard
the interests of all parties, as set out in this Policy, simultaneous to
execution of the development Agreement between UDA and DE, the
UDA, DE and Program Manager shall also execute the Escrow
Agreement. Under the escrow arrangement, the proceeds collected
towards the sale of the MIG Plots from the MIG Applicants and
such allottees UDA deems fit, shall be deposited in the Escrow
Account. The Escrow Agent shall be solely nominated by GoAP, and
the Escrow Agreement shall provide for detailed mechanism for
governing the Escrow arrangement.
7. OBLIGATIONS OF THE DE
a. The Project undertaken by the DE shall be in strict compliance
with the RERA Act and the RERA Rules and all other applicable
laws, rules, and regulations prevailing in the state of Andhra
Pradesh.
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b. During the execution of the Project, the DE shall be solely
responsible and liable for any non-compliance of the RERA Act and
the RERA Rules and it shall be responsible for any consequences
arising out of the above, including payment of any penalties levied.
d. The DE shall have the right to fix the price for the Private Buyer
Plots as it deems fit.
g. The DE shall bear all expenses, payments, etc. for obtaining all the
requisite approvals, for the purpose of ensuring smooth operation
of the Project over the EPA without any hindrances of any nature.
i. The DE shall comply with all the applicable laws towards the
development of the Project on the EPA.
k. All development charges over the EPA and the Project shall be
exclusively borne by the DE including the charges of preparation of
the plan, model plan etc.
8. OBLIGATIONS OF GOAP/UDA
a. The UDA shall ensure that all requisite approvals are accorded
for the Project as per timelines mentioned in the Agreement
subject to DE complying with obligations and DE paying all the
necessary fees/charges to the appropriate authorities.
ANNEXURE I
Eligibility Criteria of the DE
ANNEXURE II
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ANNEXURE III
Parameters for Legal Due Diligence (Not exhaustive)
ANNEXURE IV
Step 1: Applications with EPA being already acquired will be given the first
preference, rest of the applications shall be filtered out.
Step3: Upon then applications offering highest percentage for MIG shall be
considered.
ANNEXURE V
Minimum Development Standards – Infrastructure
Based on G.O. Ms.No.76, Dt:28.07.2021, MA & UD (M) Department&
Prevalent Layout rules
A. Internal Roads
I. Standard Width of the carriage way to be formed according to the width of
the roads (Right of way)
Width of the Road Width of the Splay required Width of the carriage
(Right of Way) at the Junction of the roadway of the road
12 mt. (40’) 3.00 mt. 7.00 mt. (23’)
18 mt. (60’) 4.50 mt. 11.00 mt. (36’)
II. All main roads shall be B.T.Surface Roads and the other roads shall be C.C
Surface Roads.
III. Specification for the Formation of B.T.Surface Roads:
(1) Sub-base to the roads shall be provided with Compacted Gravel/Quarry
rubbish base of 300mm thick in two layers each not exceeding 225mm thick
loose compacted to 150mm thick, spreading to proper grade and camber,
watering & compacted with 8 to 10 T. Power Roller to get the required
Compacted thickness.
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(2) Base Course to the roads shall be provided with WBM surface of 225 mm
thick compacted as follows:
(a) Providing WBM surface with Grade II HBG metal 200mm thick
loose compacted to 150mm thick in two layers, including spreading in
uniform thickness, hand packing, sectioning, and compacted with 8 to
10T. Power Roller in stages to proper Grade and camber, applying and
brooming requisite type of screenings/binding materials to fill up the
interstices of Coarse aggregate, watering and compacted to required
density.
(b) Providing WBM surface with Grade III HBG metal 100mm thick
loose compacted to 75mm thick including spreading in uniform
thickness, hand packing, sectioning, compacted with 8 to 10T. Power
Roller in stages to proper Grade and camber, applying and brooming
requisite type of screenings/binding materials to fill up the interstices
of Coarse aggregate watering and compacted to required density.
(3) Surface Course to the road shall be provided with B.T.Surface dressing of
20mm thick using 12mm size machine crushed HBG chips on a layer of
Bitumen 80/100 grade binder laid on prepared surface and rolling with 8 to
10T Power Roller.
(OR) M.S.S. of 20mm thick by H.M.P. as per MORTH Specifications.
IV. Specification for the Formation of C.C.Surface Roads:
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i. min 0.30m. Size with Masonry/Concrete shall be constructed and
plastered with CM (1:3) mix 20mm/12mm thick.
ii. Construction of Cross Drainage Works: The Road crossings are to be
provided with cross drainage work such as pipe culverts or RLCC slab
culvers to the total width of the respective roads as follows:
iii. For the drain of less than 060m. Width pipe culvert is to be provided
with a minimum dia of 450mm RLCC NP2 class pipes/NP3 class pipes
with necessary cushion over the pipes. The body walls shall be
provided with Masonry/Concrete duly plastered.
iv. For the drains of more than 0.60m. Width RLCC Slab culvert is to be
provided with masonry/Concrete body walls and M20 grade RLCC
slab as per IRLC designs.
D. Water Supply with Over Head Tank
Water supply distribution network shall be provided and Over Head Tank of
required capacity including sump shall be constructed including developing
of necessary source (OR) Secure firm commitment from any water supply
authority for meeting the daily requirement of water.
E. Street lighting facilities (poles, lining etc.).
F. Avenue plantation of two-year tall plants on either side of the layout
roads and in open spaces has to be taken up simultaneously along with
formation of roads and should be maintained with the specifications:
a) The plants shall be planted at a distance of 10Mtrs. Or at plot
corners on both the sides for alternative plots along 40’-0” wide
roads and both the sides for every corner of the plots for more than
40’-0” wide roads.
b) Plantation shall be raised in the open spaces.
b) For each project a corpus fund by the plot Owners’ Association will
be set up by provisioning it in the sale price of Plots and this
corpus shall be kept in an ESCROW account opened and operated
jointly in the concerned project and the DE concerned for the
maintenance of the Layout.
Y. SRILAKSHMI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
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