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Complete Document of New Policy regarding Unauthorised Colonies in Punjab

A.2     General Conditions:

i)           This policy shall provide one time settlement to unauthorized colonies in the State of Punjab and no unauthorized colony or construction shall be regularized which has come up on or after 1st April 2013.

ii)           These colonies shall be regularized in all land use zones of the Master Plans. However, no new/ addition in the area of the existing colony shall be allowed if such colony falls within a zone of Master Plan in which the residential use is not permissible.

iii)           The charges received from the developers/ plot holders shall be deposited in the following manner:

a)       10% of the total composition fee realized from regularization of colonies both within Municipal limits and outside municipal limits shall be deposited in government treasury along with the application, 15 % within one month of submission of application and the remaining 75% shall be deposited in the government treasury in three equal six – monthly instalments along with an interest @ 12% per annum.

b)      Out of total proceeds of Composition fee, 1% will be deposited as Cancer Cess and 1% will be deposited for Culture Cess.

c)      A rebate of 5% shall be allowed, if the total Composition fee is paid in lump sum at the time of submission of application.

iv)          In case of Category I and II, the layout plan submitted by the developer shall be approved as it is provided that the street width is adequate to permit the free movement of fire tender/ ambulance. However, wherever possible, the developer shall be asked to provide space for road/ street widening, park(s), water works etc. But in case of Category III colonies the promoter has to amend the layout plan as per guidelines.

 v)          The Competent Authority may relax any of the conditions, if it is satisfied that it is not possible for the developer to provide any of the requirements or any of the facility exists in the vicinity of such colony by passing a speaking order.

vi)          For the colonies within MC Limits, MC shall be responsible for regularization and for providing basic amenities and outside MC limits; concerned Development Authorities shall be responsible for the same subject to the availability of funds.

vii)          In case developer of an unauthorized colony or the plot holder, as the case may be, fails to pay the Composition/ Regularization Fee etc as fixed by the Government under this policy, then the amount shall be recoverable as Arrears of the Land Revenue.

viii)          Any area under green spaces, revenue rastas/ roads etc shall vest with Local Authority or the Development Authority as the case may be. Necessary notification will be issued under relevant provisions of the relevant Acts in this regard by the Competent Authority.

ix)          The applicant shall submit the application along with the bank draft of requisite charges/ Fee.

x)          The compounding of building plans shall be independent from the regularization of colony or composition fee paid by the developer.

A.3     Procedure of Compounding an Unauthorized Colony

a)         Submission of application:

The applicant will apply for compounding of the offence as per Performa to be prescribed by the Department to the Competent Authority along with the following documents:

b)         List of Documents:

 i.    Proof of ownership viz., Registered Sale Deed, full and final payment agreement/ agreement to sell on stamp paper, Power of Attorney to sell, Fard Jamabandi of the time when such a colony was sold / developed and the present jamabandi.

ii.    Location Plan of the colony along with Khasra plan of the area.

iii.    Self Certificate by the applicant stating that the site of the colony does not violate any of the clauses as mentioned at para 6 of this policy.

iv.    Existing fully dimensioned Layout Plan showing detail of plots sold, under agreement to sell, unsold, built up/vacant plots, road circulation with width, space left for parks, public amenities, if any and duly signed by the Applicant.

v.             Service Plan of the Colony, if any.

vi.             Details of the development works carried out in the colony, if any.

vii.    The promoter shall give an undertaking to pay Composition Fee in case of category A(i) and (ii) colonies and in case of category A(iii) the promoter shall also undertake to pay CLU, EDC, LF/ PF, SIF or any other charges levied under this policy at present rates along with Composition fee fixed under this policy.

viii.    Minimum 10% of composition fee shall be deposited along with the application and 15% of Composition Fee shall be paid within a period of 30 days from the date of application. The rest amount shall be payable as per para A.2 (iii) (a).

ix.    Any other document if required

c)            Scrutiny by the Competent Authority:

The Competent Authority after verifying the ownership and other required documents within 30days or as prescribed by the department will come up with the proposed amendments in layout plan, if any and will identify area for park(s), improvement of connectivity to the colony if required, space for public services as per policy.

Thereafter, the Competent Authority will seek the comments/ consent of applicant within 10 days and raise demand for payment of charges.

After receiving the consent and requisite charges, the Competent Authority will approve the layout plan and upload it on website and copies of the same shall be sent to the concerned Sub–Registrar and District Town Planner. The legal proceedings, if any, will be got suspended after receipt of application from the promoter along-with 25% of charges. The promoter will give an undertaking to the Competent Authority regarding the payment of balance amount as per schedule to get his offense compounded. The Competent Authority will inform the concerned police station or the competent Court of law, as the case may be to  suspend the legal proceedings against the applicant. The legal proceedings may only be dropped after the final order for compounding of the offense committed under PAPRA is passed by the Competent Authority.

Note: -

 

·        For category I and II colonies the competent authority shall issue the regularization certificate to the developer after the fulfillment of conditions as laid down in this policy but in case of category A iii colony the competent authority shall grant license after compliance of present conditions of the license under PAPRA, 1995.

·        Technical advice for layout plans/ CLU approval for all sized unauthorized colonies falling outside MC limits, covered under this policy shall be rendered at the level of concerned Senior Town Planner of the Directorate of Town and Country Planning, Punjab. For colonies falling within MC limits the necessary technical advice/ CLU approval shall be as decided by the Department of Local Government, Punjab.

B.         Regularization of plots/ buildings in an unauthorized colonies

In unauthorized colonies a number of plots are sold out and many of the plot holders may have constructed buildings. Majority of such colonies are without pucca road network and are devoid of other basic amenities like water supply, sewerage network and electricity etc. The burden of providing all these amenities shall lie on the concerned local authority/ development authority as the case may be. To share this burden the plot holders/ building owners shall have to pay the regularization charges. These charges shall be independent of the composition fee to be charged from the developer of the unauthorized colony:

Regularization charges in case of residential plots/ buildings in unauthorized colonies developed before and after 17/08/2007:-

 

 

 

Collector

Regularization Fee for residential plots per sq yd in rupees

Regularization Fee for residential plots per sq

Rates

 

 

Before 2007

 

 

yd in rupees

 

 

 

 

Rs/ sq yd

Note: Mid values i.e., 25, 75, 200, 400 and 500 sq yd are

 

 

 

After 2007

 

 

taken as an example for calculation purpose

 

Note: Mid values i.e., 25, 75, 200, 400 and 500

 

 

 

 

 

 

sq yd are taken as an example for calculation

 

 

 

 

 

 

purpose

 

 

 

 

 

0-50

Above

Above

250 to <

500 sq

0-

Above

 

Above

250 to

500 sq

 

sq yds

50-100 sq

100 to <

500 sq

yds &

50

50-100

 

100 to

< 500

yds &

 

 

yds

250 sq

yds

above

sq

sq yds

< 250

sq yds

above

 

 

 

yds

 

 

yds

 

 

sq yds

 

 

 

25 sq

75 sq yds

200 sq

400 sq

500 sq

25

75 sq

 

200 sq

400 sq

500 sq

 

yds

 

yds

yds

yds

sq

yds

 

yds

yds

yds

 

 

 

 

 

 

yds

 

 

 

 

 

More than

Nil

50

100

150

250

Nil

100

200

300

500

8000/-

 

 

 

 

 

 

 

 

 

 

 

 

Nil

3750

20000

60000

125000

Nil

7500

 

40000

120000

250000

2000/- to

Nil

25

50

75

125

Nil

50

100

150

250

8000/-

 

 

 

 

 

 

 

 

 

 

 

 

Nil

1875

10000

30000

62500

Nil

3750

 

20000

60000

125000

Below 2000/-

Nil

Free

25

35

70

Nil

Free

50

75

125

 

 

 

 

 

 

 

 

 

 

 

 

Nil

Free

5000

14000

35000

Nil

Free

 

10000

30000

62500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


13.  Regularization charges in case of commercial plots/ buildings in unauthorized colonies developed before and after 17/08/2007:-

 

 

 

Collector Rates

 

Regularization Fee for commercial plots per sq yd in

Regularization Fee for commercial plots per sq

Rs/ sq yd

 

rupees

 

 

 

 

 

yd in rupees

 

 

 

 

 

 

Before 2007

 

 

 

 

After 2007

 

 

 

Note: Mid values i.e., 12.50, 37, 75 and 100 sq yd are

Note: Mid values i.e., 12.50, 37, 75 and 100 sq

 

 

taken as an example for calculation purpose

 

yd  are  taken  as  an  example  for  calculation

 

 

 

 

 

 

 

 

purpose

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upto 25 sq yds

Above

 

Above

 

100 and

Upto 25 sq

Above

Above

100 and

 

 

 

25-49 sq

 

50-99

 

above

yds

25-49 sq

50-99

above

 

 

 

yds

 

sq yds

 

 

 

yds

sq yds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.50 yds

37 yds

 

75 yds

 

100 yds

12.50 yds

37 yds

75 yds

100 yds

 

 

 

 

 

 

 

 

 

 

 

 

More than 5000/-

150

300

 

450

 

625

300

600

900

1250

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1875

11100

 

33750

 

62500

3750

22200

67500

125000

2500/--5000/-

140

200

 

350

 

475

275

400

700

950

 

 

 

 

 

 

 

 

 

 

 

 

 

1750

7400

 

26250

 

47500

3437

14800

52500

95000

less than 2500

 

Free

30

 

45

 

65

Free

60

90

125

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Free

1110

 

3375

 

6500

Free

2220

6750

12500

 

 

 

 

 

 

 

 

 

 

 

 


 Note:

·        The industrial plots/ buildings shall be charged at half the rates as fixed for residential plot/ buildings in the above table and institutional plot/ buildings shall be charged at par with residential plots/ buildings.

 ·        The plot size as mentioned in the registered sale deed or full and final payment agreement on stamp paper shall be considered for levying regularization charges even if the plots is owned jointly by more than one owner, i.e., the rates will not be calculated according to the share of the co-owners in registered sale deed or agreement, rather this calculation will be done on area transaction involved in the sale deed/ agreement.

·        The composition fee/ regularization charges on buildings shall be charged proportionately to the use of the building, i.e., as per the percentage of area used for residential, commercial, institutional use shall be charged accordingly.

·        In addition to regularization charges for plots the composition fee on unauthorized buildings shall be charged as under:
     

i)      Residential        Rs 12.50/- per sq ft of covered area

ii)    Other buildings   Rs 25.00/- per sq ft of covered area

·        Regularization charges and composition fee on buildings only shall be retained by the Department of Local Government, Punjab, if the site falls within municipal limits and by the concerned Development Authority, if the site falls outside MC limits.

·        In case of illegal colonies, where building plans have already been approved by the Competent Authority or where NOC has been issued after receiving EDC/ SIF in that case, the regularization charges as mentioned in the above tables shall not be charged.

B.1      General Conditions

i)                The individual plot/ building in an unauthorized colony will be regularized on application by the owner of the plot/ building by receiving regularization charges only, even if the offense of the colonizer has not been compounded so far.

ii)               a) Residential buildings upto 750 sq yd plot area:- In case of residential buildings having less than 750 sqyd plot area, the applicant shall submit an application along with self attested building plan of the existing building and a self certificate regarding structure safety of the building or site plan of the plot,as the case may be. The applicant shall also certify that the building is constructed before 01.04.2013.

b) Residential buildings above 750 sqyd plot area and other buildings:- The applicant shall submit an application along with a building plan of existing building prepared and duly signed by a qualified architect or site plan of the plot, as the case may be. The applicant shall also submit structural safety certificate. In this case the architect shall also certify that the building is constructed before 01-04-2013.

iii)        Regularization Charges shall be paid by the plot holders/ building owners as given below:

a)  25% of the total regularization charges shall be deposited with concerned local body/ development authority, as the case may be, along with 5% as Social Infrastructure Fund which will be deposited with Chief Administrator, PUDA, Mohali by the applicant along with application. The balance 70% charges shall be deposited in three equal six – monthly instalments along with an interest @ 12% per annum with the concerned local body/ authority.

b)  Out of total proceeds of regularization charges 1% will be deposited as Cancer Cess and 1% will be deposited for Culture Cess.

c)   A rebate of 5% shall be allowed, if the total regularization charges are paid in lump sum along with the application.

iv)    The  regularization  charges  will  be  used  only  for  internal  and  external development of the colonies as far as possible. Preference will be given to water supply, sewerage and widening of roads, in these colonies. Some of the funds will be used for general urban development of the areas also.

v)     The existing buildings shall be approved on as is where is basis subject to the condition that they do not violate the conditions as mentioned in para 6 of this policy. However, new construction in a vacant plot or any addition to the existing building shall be approved as per present building rules.

vi)     In case of public buildings, public safety, security and public conveniences and  parking shall not be compromised for regularizing such buildings. The owner shall have to make such structural changes in the building, if required within a period of six months from the date of approval and also submit mandatory clearances from other departments, if required in this period. In case he fails to fulfill, any of the conditions within this period, the approval granted to him shall deem to be cancelled and the owner of the building shall be proceeded against as per provisions of the law.

vii)     In case of un-authorized buildings/ plots for which the owner does not submit the application to the Competent Authority within the prescribed period, the legal proceedings shall be initiated against owners of such buildings.(..Contd.)

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