Final nod to regularise
illegal buildings
Governor
Sundar Singh Bhandari on Wednesday promulgated the ordinance for regularisation
of unauthorised development with immediate effect in urban areas in
the state - a move that was eagerly awaited.
The ordinance provides
for legitimising unauthorised constructions against payment of a fee.
With the promulgation of
the ordinance, all notices issued under Section 260 of the BPMC Act
prior to the ordinance to pull down or alter unauthorised development,
stand suspended with immediate effect.
The designated authority,
which may be the commissioner, area development authority or the urban
development authority as per the urban area will issue a certificate
on payment of the fee to the effect that the construction is not unauthorised.
However, the notice given
before the ordinance will be revived in the absence of a fresh notice
requiring the person to pay a fee against regularisation of the illegal
construction or if the person fails to obtain the certificate within
the prescribed time after the notice is served.
The state is yet to frame
the rules pertaining to the period within which the notice will be served,
amount of fees to be paid, form of certificate, the period for obtaining
the certificate and other relevant matters. These rules will also decide
who will pay the fee - the builder, architect, promoter or the purchaser
of property.
With the ordinance in place,
margins and setbacks, floor space index, covered projection, change
of use, common plot and a consolidated open plot and height of a building
can be regularised as per the norms and rules to be framed subsequently.
Fees charged for regularising Illegal construction will be more than
Rs 400 but will not exceed Rs 10,000 per m depending upon the category
of Illegal construction, the area in which illegal construction has
been made and the purpose for which the illegal construction is used.
Fees have to be paid within
a time limit, which will not be less than three months from the date
of issue of fresh notice by the commissioner, area development authority
or urban development authority requiring the illegal construction to
be regularised.
The provisions of the ordinance
are not applicable if the land belongs to government, local authority
or a statutory body, in respect of which there is a dispute or if land
is allotted by the state for a specific purpose.
They are also not applicable
for land that comes under alignment of roads as indicated in development
plan or a town planning scheme, under alignment of a public or internal
road of approved layout, water courses and water bodies like tank beds,
river beds, natural drainage and such other places, and areas earmarked
for the purpose of hazardous industrial development.
The ordinance further provides
for appeal in case the person concerned is not satisfied. The fee will
be deposited in the Infrastructure Development Fund to be held by the
designated authority in trust and will be used for the purpose of augmentation,
improvement or creation of infrastructure facility.
Minister of state for urban
development Parmanand Khattar said on Wednesday, the rules to be framed
will ensure that the responsibility and accountability of the people
is fixed in the future and all conscious efforts will be made to ensure
that there are no illegal constructions in the future.
"The proposed rules
will ensure that the builder, promoter and the architect will not be
given water, drainage and electricity connections until they conform
to legal norms and procure the building use certificate," Mr Khattar
said. He said if illegal constructions crop up after the promulgation
of the ordinance despite the precautions they will be demolished.
Mr. Khattar indicated that
the regularisation against payment of fee will he applicable only in
case of constructions before the promulgation of the ordinance and will
not apply to any constructions after the ordinance comes into effect.
The state government has
also enacted provisions for parking facilities according to which the
person will have to provide for parking facilities within three months
from the date of issuance of the notice in the unauthorised construction.
If it is not feasible to do so, the parking facility will have to be
provided within particular distance from the construction as directed
by the designated authority within the time period. If the person does
not provides for the parking facility within a period of three months,
the designated authority will provide for the same at the risk and cost
of the person after giving due intimation and the cost will be recovered
from him. Provisions have also been made for providing sanitary facilities
in the unauthorised construction as per directions of the designated
authority. Fire safety regulations have also been enacted in the ordinance
whereby in case where there is no scope of installing the fire safety
equipments, the designated authority will direct to provide the fire
safety measures within three months from the direction in consultation
with chief fire officer of the municipal corporation.
It further provides for
installation of a common underground water tank and fire pumps in a
complex of two to three towers having space constraints within three
months from the direction of the designated authority.
It further allows for the
use of diesel generating set instead of the electric supply to the main
fire pump within three months. If the person fails to comply with the
directions of installing the fire safety equipment as directed the designated
authority will install them and recover the cost as arrears of land
revenue.
