NAGPUR IMPROVEMENT TRUST DEVELOPMENT OF “NAGPUR METROPOLITAN AREA” MEMORANDUM OF UNDERSTANDING (MOU) FOR DEVELOPMENT OF LANDS IN “NAGPUR METROPOLITAN AREA”, NAGPUR BY “PUBLIC PARTICIPATION METHOD ” This Memorandum of Understanding (MOU) is executed at Nagpur on this ________ day of ____2012. BETWEEN The Nagpur Improvement Trust, a statutory body constituted under the provisions of Nagpur Improvement Trust Act, 1936, having office at Sadar, Nagpur, hereinafter in short referred to as the “NIT” (Party No. 1), which expression shall, unless repugnant to the context or meaning thereof, always mean and include the said NIT, acting through its Superintending Engineer (Metro) as the PARTY NO.1. Shri _________________________ Resident of __________ Tehsil _________ District _________ hereinafter referred to as the “owner” (Party No. 2), which expression shall, unless repugnant to the context or meaning thereof, always mean and include anyone delegated to act as such and all its duly authorized executives, power of attorney, legal heirs etc of the PARTY NO.2. AND WHEREAS, the Government of Maharashtra, by Notification No.TPS- 1899/1191/CR-80/99/UD-13 dated 23 rd July 1999 has declared the “Nagpur Metropolitan Area” which includes 9 Tehsils & 726 Villages therein. AND WHEREAS, Government of Maharashtra by Notification No.NIT/2202/4025/CR-493/2002/UD-26 dated. 24/12/2002 has extended the jurisdiction of Nagpur Improvement Trust to the Nagpur Metropolitan Area (Area mentioned in Notification dated 23 rd July 1999) C:\Documents and Settings\Administrator\Desktop\MOU\MOU-updated 25-01-12.doc 1 AND WHEREAS, the Government of Maharashtra has appointed Nagpur Improvement Trust (NIT) as ‘Special Planning Authority’ for Nagpur Metropolitan Area, vide Notification No. TPS-2409/2890/CR-356/09/UD-9, Dt. 31/8/2010 under section 40 (1) of the MRTP Act, 1966. The said Notification has been published in the Government Gazette dated 2/9/2010. AND WHEREAS, the Party No. 1 vide Board Resolution No. 18/1085 dt.22/02/2010 has decided to develop the “Nagpur Metropolitan Area by “Public Participation Method” using the modified & improved “Improvement Scheme” mechanism under NIT Act 1936 & has approved the “ Process for preparing Improvement Schemes” and “Policies undertaking the preparation of Improvement Schemes” and Memo of Understanding (MOU) for development of lands in Nagpur Metropolitan Area by Public Participation Method” vide B.R. No. 29/1100 dated 28/09/2011. All the documents are part of this MOU and enclosed herewith. AND WHEREAS the Party No. 1 have powers under section 58 of NIT Act-1936 empowering it to enter into an agreement with any person for the acquisition by purchase, lease or exchange by the Trust from such person of any land (within the area comprised in a sanctioned scheme). AND WHEREAS, the Party No. 1 has decided to develop KHADKA – KIRMITI – SHIVMADKA – PANJARI – SUMTHANA, Tah.Hingna, Dist.Nagpur Improvement Scheme on ‘Public Participation Method’ for planned development under provisions of NIT Act 1936 vide NIT Board Resolution No. 8/1099 dated 30/08/2011. AND WHEREAS the Party No. 1 has ‘Declared the Intention’ to carry out the survey of the lands of KHADKA – KIRMITI – SHIVMADKA – PANJARI – SUMTHANA Improvement Scheme in Tah.Hingna, Dist.Nagpur U/S 54-55 of N.I.T. Act, 1936 which is published in the local news papers _____________________ dated ___________and __________.informing the land owners about the lands included in the Improvement Scheme and the approved Process, Policies and draft MOU. C:\Documents and Settings\Administrator\Desktop\MOU\MOU-updated 25-01-12.doc 2 AND WHEREAS the Party No. 2 is the owner of land / plot bearing Khasra Nos.__________ Mouza _____________ Tehsil _____________ District Nagpur in Nagpur Metropolitan Area included in the KHADKA – KIRMITI – SHIVMADKA – PANJARI – SUMTHANA Improvement Scheme Tah.Hingna admeasuring …….. sq.mtr./Ha. That the Party No. 2 has read and understood the Process, Policy Document & MOU and for, for preparation and subsequent implementation of the KHADKA – KIRMITI – SHIVMADKA – PANJARI – SUMTHANA Improvement Scheme in Nagpur Metropolitan Area on Public Participation Method, Party No. 2 hereby gives his consent and enters into MOU with Party No. 1 as per section 58 of the NIT Act 1936, the terms & conditions of which are reduced herein as under. Now therefore this MOU witnesseth as follows i. That Party No. 2 is giving its consent to Party No. 1 to participate in the KHADKA – KIRMITI – SHIVMADKA – PANJARI – SUMTHANA Improvement Scheme in Tah.Hingna, Dist.Nagpur. ii. That Party No. 2 will comply with and adhere to the provisions of the Process defined and approved by Party No. 1 which is also referred to in Clause 5 and attached with this MOU. iii. That Party No. 2 hereby permits Party No. 1 to undertake the Total Station Survey within its land plot/premises; prepare the Master Plan and undertake the reconstitution of the land comprised in the aforesaid Khasara Nos. belonging to him / her as per the approved Policy Document. iv. That Party No. 2 will hand over 40% (or as may be applicable %) of the land to Party No. 1 by way of exchange in lieu of the services, provided by the Party No.1 and as also for the grant of permission for change of user of the land and development of the land as per the Scheme of Party No.1. C:\Documents and Settings\Administrator\Desktop\MOU\MOU-updated 25-01-12.doc 3 The Party No.2 hereby declares that the land under the MOU is free from all encumbrances. After the final agreement the 40% of the total land of Party No.2 in the Scheme or as may be applicable % shall vest with the Party No.1 exclusively for the purposes of the said Scheme. The Party No.2 shall render all the necessary assistance required for transferring the land in the name of Party No.1 in the records of revenue and land record authorities. The Party No.1 will then be free to dispose off the land vested in it as per its rules and regulations; thereafter Party No.2 will have no title over the said land and Party No.2 voluntarily agree to relinquish its title, rights, claims of whatsoever nature on the land vested in Party No.1. Party No.2 shall not be entitled to claim any monetary compensation for the same. v. That Party No. 2 will pay the ‘Net Demand’ towards the cost of development of the said Scheme as per the schedule given in Policy No. 10 after sanction of said Improvement Scheme by the Govt. under Section 44 of N.I.T. Act, 1936. vi. That the Party No. 1 shall construct the stipulated infrastructure in the manner as stated in Policy No. 10. vii. The development works in the Scheme shall be limited to the amount of development charges (Net demand) deposited by the land owners of the Scheme with the Party No.1. viii. That the development in the final plot (F.P.) shall be permitted in the manner prescribed in the Policy Document. ix. That the Party No. 1 will facilitate the process of updating of land records after the IS is sanctioned by the State Government and the cost of this process is included in the cost of developing the IS. x. That the Party No. 2 will not sell the land in his / her possession after signing of this MOU till the signing of the Final Agreement. If he / she sells the land after signing the Final Agreement then the conditions of this MOU and the Final Agreement will be binding on the new land owner. Sale of land in case, before final C:\Documents and Settings\Administrator\Desktop\MOU\MOU-updated 25-01-12.doc 4 agreement may be void and the Party No.1 shall be free to acquire the land and/or recover compensation, damages for breach of the terms and conditions of MOU. xi. That the conditions mentioned in this MOU between Party No. 1 and 2, will Mutatis Mutandis be applicable to the final agreement. xii. That, in case any additional clauses/ modifications is required to this MOU, Final Agreement or the Policy Document, it shall be executed in due course by mutual consent of both the parties. xiii. That all the matters differences, questions disputes arising out of present MOU shall be referred and adjudicated upon by the Chairman, Nagpur Improvement Trust. Interpretation of the Clauses of this MOU, the IS process and the Policy Document by the Chairman NIT shall be final and binding on Party No. 2. xiv. Any typographic error or arithmetical error in the MOU, shall not render it invalid. Such an error shall be rectified by mutual consent of both the Parties. xv. In case of breach of prescribed terms & conditions by either of the parties the decision of the Chairman Nagpur Improvement Trust shall be final and binding on both the parties. xvi. That if due to any unforeseen reason the said Improvement Scheme is not executed then the decision taken by the Chairman, Nagpur Improvement Trust in this regard shall prevail. xvii. That, Party No. 1 reserves the right to cancel this MOU at any point of time without giving any reason thereof. xviii. That this MOU is made in duplicate on a stamp paper of Rs.100/-. Each party to this MOU has retained one stamped copy each. C:\Documents and Settings\Administrator\Desktop\MOU\MOU-updated 25-01-12.doc 5 IN WITNESS Thereof, the parties hereto have set their respective hands and have signed the present MOU on the day, date, month and the year mentioned herein above in presence of the following attesting witnesses.