i) Submission of application:
The application for regularization of un-authorized plot/ buildings may be submitted as per Performa prescribed by the department to the Competent Authority by the owner of the building along with the following documents:
a) Proof of ownership viz., Registered Sale Deed/ Fard Jamabandi, full and final payment agreement to sell on stamp paper, Power of Attorney to sell as the case may be.
b) Location Plan of the site showing the detail of surrounding area
c) i) In case of residential building upto 750 sqyd plot area:- A fully dimensioned plan of the plot/ building showing detail of plot area/ constructed area on all floors (in case of building) along with service plan of the building duly prepared and signed by the owner along with a self certificate of structure safety.
ii) In case of residential building for more than 750 sqyd plot area and other buildings: - The above mentioned documents shall be duly signed by a qualified architect and the owner.
d) Self Certificate by the applicant stating that the site of the plot/ building does not violate any of the clauses as mentioned at para 6 of this policy.
e) In case of high rise buildings, the clearance from Airport Authority of India shall be mandatory, if the building falls in the air funnel of the Airport/ Air Force Station.
f) Undertaking from the owner to pay Regularization Charges or any other charges levied under this policy.
g) Minimum 25% of regularization charges and 5% as Social Infrastructure Fund shall be deposited along with the application.
h) Any other document, if required
iii) Scrutiny of Application:
· The Competent Authority shall scrutinize the plot/ building application within a period of 30 days from the date of application and convey to the applicant the demand notice along with observations, if any. The Competent Authority will also ascertain that the plot/ building being regularized does not fall under any category of land as mentioned at para 6 of this policy.
· The applicant shall deposit the required charges along with modified building plans, if required (in case of a building) within a period of 15 days. The Competent Authority shall approve the plot/ building plans within 15 days from the receipt of charges and complete documents, if satisfied. The legal proceedings, if any, will be withdrawn only after the receipt of final payment of total charges.
8. Consequences for non submission of application for regularization of unauthorized Colonies/ plots/ buildings
In case an application is not submitted by the concerned Promoter/ Developer/ Plot holder/ building owner as the case may be, within the stipulated time for regularization of un-authorized colony/ plot/ building, the following consequences may follow:-
a) Such Colony/ plot/building shall remain as unauthorized and offense shall be treated as continuing against the promoter/ developer/ plot holder/ building owner as the case may be and penal action which includes lodging of FIR will be initiated under the provisions of PAPR Act, 1995.
b) No connection for water supply and allied services like sewerage, drainage, electricity etc shall be provided to such colony/ plot/ building.
c) Such unauthorized colony/ plot/ building shall be reported to the concerned Registration Authority of the Revenue Department and no sale
transaction or transfer or disposal of any kind shall be allowed in such unauthorized colonies.
d) No building plan shall be approved by the Building Plan Sanctioning Authority in such unauthorized colonies.
e) Other enforcement action including demolition of the unapproved building, if any on such plots shall be initiated.
9. Amount levied to be kept in a separate account
The amount collected by the Competent Authority under this policy shall be kept and maintained under its control in a separate account and utilized mainly for improvement of amenities in such area. The Competent Authority shall review the development works undertaken by the local authority relating to such un-approved layouts on a quarterly basis and shall have the power to issue necessary instructions and directions in this regard.
10. Committee for identification of un-authorized developers:
The Developer of an unauthorized colony shall be allowed self - certification of layout plan, service plans, revenue/ ownership documents etc of his colony but where the developer of such colony does not come forward for regularization of his offence within 45 days from the date of notification of this policy, the following Committees shall identify within three months from the expiry of 45 days’ time, the person(s) who are/ were responsible to develop such illegal colony after making due investigation, scrutiny of relevant record and summoning of persons involved in the development of such colony. The committee shall submit its finding report to the Competent Authority. The colonizer of an unauthorized colony who has not applied within a stipulated period of 45 days for regularization of his colony but applies after identification by the committee within a period of 3 months from the expiry of 45 days (time given to submit application), then he will be charged 10% extra of composition fee as penalty beyond which the Competent Authority shall get the FIR registered or take necessary action under relevant Acts.
For colonies falling within municipal limits:-
1. Joint /Additional Commissioner (Corp. cities)/Chairman Regional Deputy Director (LG) (Other towns)
2. Sub Divisional Magistrate (concerned) Member
3. Executive Officer (concerned) Member
4. Municipal Town Planner/ Municipal Engineer Member
For colonies falling outside municipal limits:-
1.Additional Chief Administrator of the Concerned Authority Chairman
2. Sub Divisional Magistrate (concerned) Member
3. District Town Planner Member
4.S.E. of the Concerned Authority Member
i) Any applicant aggrieved by an order passed by the Competent Authority may prefer an appeal to the Appellate Authority constituted by the Government within thirty days from the receipt of the order provided the applicant has paid the necessary charges and submitted documents as specified in this policy.
Application form for regularization of colonies and plots/ buildings for applicants and certificate form for compounding of colonies and regularization of plots/ buildings to be issued by the Competent Authority shall b e prepared and circulated by the Department of Housing and Urban Development separately.
A Venu Prasad, IAS
theSecretary to Government of Punjab,
Department of Housing & Urban Development
Dated, Chandigarh, the:21st Aug.,2013
A copy with a spare copy is forwarded to the Controller, Printing & Stationery, Punjab, SAS Nagar with a request to publish this notification in the Punjab Govt. Gazette (Extra Ordinary) and 100 copies thereof may be supplied to this Department for official use.
Endst. No. 12/2/2013-5HG2/3054-71 Dated, Chandigarh, the:21st Aug., 2013
A copy is forwarded to the following for information and necessary action:-
1. Financial Commissioner, Revenue, Punjab.
2. Principal Secretary, Industry and Commerce, Punjab.
3. Principal Secretary to the Deputy Chief Minister, Punjab for kind information of the Hon’ble Deputy Chief Minister, Punjab - Cum- Minister Housing and Urban Development Department .
4. Secretary, Local Government, Punjab.
5. Chief Administrator, PUDA, Mohali.
6. Chief Administrator, GMADA, Mohali.
7. Chief Administrator, PDA, Patiala.
8. Chief Administrator, BDA, Bathinda.
9. Chief Administrator, GLADA, Ludhiana.
10. Chief Administrator, JDA, Jalandhar.
11. Chief Administrator, ADA, Amritsar.
12. Director, Town and Country Planning, Punjab, SAS Nagar.
13. Director, Local Government, Punjab, Chandigarh
14. Chief Town Planner, Punjab, Mohali.
15. Managing Director, Punjab Infotech, Chandigarh.
16. Incharge, IWDMS, Chandigarh.
17. Superintendent, Cabinet Affairs Branch, Main Sectt. Chandigarh.
18. Chief Nodal Officer, Nodal office, PUDA, SAS Nagar.