recent modifications in the thika tenancy act

Recent Modifications in the Thika Tenancy Act

Recent modifications in the Thika Tenancy Act aims to fuel redevelopment and urban expansion initiatives in Kolkata and Howrah.

Implications of the Recent Modifications in the Thika Tenancy Act:

The West Bengal Government’s recent in-principle approval of the Thika Tenancy Act modification is poised to revolutionize Kolkata’s real estate landscape. This strategic move holds the promise of unlocking a staggering 2,500 acres of prime real estate in Kolkata and Howrah, fuelling redevelopment and urban expansion initiatives. This translates to roughly 2,000 acres or 8 square kilometres of valuable real estate in Kolkata. The land covered by the Thika Tenancy Act is slightly smaller than the average size of an assembly constituency. It is distributed across the Kolkata Municipal Corporation (KMC) wards numbered 1-100, primarily encompassing the older districts of the city. Notably, it excludes areas such as Behala, E M Bypass, Garia, Tollygunge, and others.

With approximately 2,000 acres in Kolkata and 517 acres in Howrah, this modification is set to catalyse significant socio-economic transformation in these regions. To understand more about the recent modifications in the Thika Tenancy Act, kindly get in touch with an experienced property lawyer in Kolkata and West Bengal.

Key Aspects of the Recent Modifications in the Thika Tenancy Act:

The proposed recent modifications in the Thika Tenancy Act entail several pivotal changes:

  1. Total Area Coverage: The Thika Tenancy Act governs a sprawling expanse totalling 2,517 acres. Within this ambit, approximately 2,000 acres, equivalent to 8 square kilometres, fall under the jurisdiction of the Kolkata Municipal Corporation (KMC). This area constitutes a fraction of the overall KMC territory, which spans around 49,421 acres. Additionally, 517 acres within the Howrah Municipal Corporation area, covering roughly 34,594 acres, are subject to the Thika Tenancy Act.
  • Designated Thika Tenancy Areas: Prominent areas included under the Thika Tenancy Act designation comprise Ahiritola, Burrabazar, Tangra, Kasba, Gouribari, Metiabruz, Garden Reach, Chetla, Topsia, Kalighat, Beliaghata, and Belilious Road in Howrah. These zones represent pivotal hubs within Kolkata and Howrah, encapsulating diverse socio-economic landscapes.
  • Building Height Restriction Alteration: The State Government intends to revise the existing restriction of G+2 or 9.5 meters on building heights within these designated areas. This amendment is poised to unleash potential for future real estate development, facilitating vertical expansion and optimized land utilization. To understand more about Thika Tenancy Act modification, it is advised to get help from an experienced property lawyer in Kolkata and West Bengal.
  • Enhanced Open Space: The modification is expected to augment open space availability within urban environments through judiciously planned vertical expansion. By facilitating better planned expansion vertically, the initiative aims to create a more spacious and aesthetically pleasing urban landscape.
  • Joint Premises Development: Thika tenants and sub-tenants, referred to as bharatiyas, will be empowered to engage in joint premises development under the purview of the Thika Tenancy Act, adhering to building guidelines stipulated by the KMC. Despite potential permissions for G+3 structures, the ownership of the land remains vested with the government, precluding individual sale of portions of the structure.
  • Slum Redevelopment Endeavours: The State Government is poised to embark on the redevelopment of 12 major slums in Kolkata, where residents face challenges accessing banking facilities or funds for independent housing development. In such instances, the government may undertake the construction of G+4 or G+5 standalone apartment buildings, with each individual potentially receiving 385 sq. ft. apartments. This initiative aims to alleviate housing shortages while reclaiming substantial open spaces for governmental use.
  • Utilization of Open Spaces: Urban Development Minister & Mayor of Kolkata, Firhad Hakim, envisions leveraging reclaimed open spaces for the construction of public amenities such as auditoriums, parks, and other recreational facilities, enhancing the overall quality of urban life.

State Government’s Initiative Sparks Optimism in Kolkata’s Real Estate:

The State Government’s decision of recent modifications in the Thika Tenancy Act is poised to significantly impact the real estate landscape in Kolkata. Currently, real estate development is flourishing in areas like Rajarhat New Town, Garia-Sonarpur-Narendrapur-Baruipur stretch, parts of Howrah, Tollygunge, and the EM Bypass, marked by projects such as Mani Artista and Tata Avenida. Experts predict that this recent modification in the Thika Tenancy Act will lead to a more balanced pricing of land and apartments, fostering increased demand and stability in the market. For better understanding regarding the recent modifications in the Thika Tenancy Act, it is advised to seek help of an experienced property lawyer in Kolkata and West Bengal.

This move is anticipated to not only bolster the city’s real estate sector but also create opportunities for the development of community facilities as more open spaces become available. Moreover, the skyline of Kolkata is expected to undergo a positive transformation, with planned residential buildings replacing slum areas and other Thika zones under the Act’s jurisdiction. The decision has received a warm reception from CREDAI’s Bengal Chapter.

Top real estate developers highlight that while the Thika Tenancy Act was designed to safeguard against unauthorized land occupation, it often resulted in compromises to landlord rights. By restoring landlord rights while also securing those of Thika tenants, the recent modifications in the Thika Tenancy Act is viewed as mutually beneficial. Developers believe that the modification is essential for overcoming hurdles hindering the development of slum areas in the city. Overall, stakeholders anticipate that the amendment will lead to the revitalization of neglected areas and foster sustainable market growth.

The recent modifications in the Thika Tenancy Act in West Bengal is a multifaceted endeavour aimed at addressing various challenges and unlocking opportunities in urban development.

Current Challenges:

Urban development officials highlight the complexity of Thika tenancy cases, with numerous disputes between landlords and tenants pending in courts. Despite 30,000 officially registered Thika tenants on government records, actual enrolment figures are significantly lower. Identifying genuine Thika tenants and bharatiyas poses a significant task for the government, particularly concerning abandoned khatals, which constitute a substantial portion of land under the Act. For better understanding of the complexities and expert solution to the problems, one should always get help from an experienced property lawyer in Kolkata and West Bengal.

Government Initiatives:

Minister Firhad Hakim has initiated discussions with senior colleagues and officials to unlock approximately 2,500 prime acres across Kolkata and Howrah. The government plans to conduct a survey of Thika tenancy lands under Section 23 of the West Bengal Thika Tenancy Act, 2001 to ascertain the actual beneficiary count.

Support for Thika Tenants:

The government aims to facilitate access to bank funding for Thika tenants to develop residential structures independently. Additionally, proposals for the appointment of fast-track adjudicators and additional controllers are under consideration to expedite the resolution of pending Thika tenancy cases. The Kolkata Metropolitan Development Authority (KMDA) may serve as the nodal agency for the mass housing project titled “Banglar Bari.” An experienced property lawyer from Kolkata and West Bengal can offer better guidance regarding this matter.

Addressing Sub-tenancy Issues:

The government acknowledges the presence of sub-tenants residing on Thika tenancy lands without official claims. While prioritizing humanitarian considerations, the state government will address such cases on a case-by-case basis. The recent modifications in the Thika Tenancy Act represents a comprehensive approach by the West Bengal government to navigate the complexities of urban development and provide support to Thika tenants while ensuring effective land management.

Overview of Recent Modifications in the Thika Tenancy Act:

In conclusion, the recent modifications in the Thika Tenancy Act in West Bengal signal a proactive step towards addressing longstanding challenges and unlocking new avenues for urban development. By initiating discussions, conducting surveys, and implementing measures to support Thika tenants, the government demonstrates a commitment to equitable land management and inclusive growth. As stakeholders navigate the complexities of Thika tenancy disputes and strive to streamline processes, there is optimism for a more transparent and efficient system that fosters sustainable development and improves the lives of residents across Kolkata and Howrah. Through collaborative efforts and thoughtful policymaking, the envisioned changes hold the promise of a brighter future for all stakeholders involved in the urban development landscape of West Bengal.

To know more about recent modifications in the Thika Tenancy Act in Kolkata and West Bengal, seek legal assistance from an experienced property lawyer in Kolkata and West Bengal or click here.

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