Ordinance to regularise 35,000 illegal buildings

Tribune News Service

Shimla, June 8

The state government today promulgated the Himachal Pradesh Town and Country Planning (Amendment) Ordinance, 2016, which will pave the way for the regularisation of over 35,000 unauthorised buildings raised in violation of the construction norms in the state.

The Cabinet, at its last meeting, had given approval to the promulgation of the ordinance so that owners of all unauthorised structures could apply for regularisation of the building. The amendment to the TCP Act will be made during the monsoon session of the Assembly in August.

The ordinance will remain in force for one year. It allows the insertion of a new Section – 30-B in the Act 12 of the TCP Act, 1977. This new Act empowers official to exempt development of any land or building or class of lands developed on or before the date of commencement of the ordinance from all or any provisions of the Himachal Pradesh TCP Act, 1977.

Buildings, which do not qualify for regularisation under this amendment and insertion of Section 30-B in the HP TCP Act, 1977, will face disconnection of water and electricity services and demolition.

The exemption will not be applicable for deviations in the green area and heritage area as defined in the notified Development Plan. House owners, who have availed benefit once earlier under any retention policy or sought earlier relaxations, will not be eligible. Deviations will be measured at each floor and parking floors, if converted to any other use like residence or shop, will not be regularised.

The application for regularisation has to be made within 45 days from the date of commencement of the Ordinance. The buildings will be regularised on the basis of “as is where is” basis provided 30 per cent of the open space is available in the permissible setbacks required for basic civic services.

Seeking structural stability audit will be mandatory for all except for buildings having two floors and builtup area up to 150 sq mts and being used only for residential purpose.

The regularisation fee for commercial, hotel, tourism and industrial uses will increase by 100 per cent. For those falling under the Below Poverty Line and Economically Weaker Sections, the regularisation fee will be decreased to half.

The unauthorised constructions, carried out on the area and pockets kept for parks, sewerage or any other facility in the approved map of subdivision of land by the competent authority, will not be regularised. Besides this, the roof of buildings to be exempted and regularised will be rendered ineffective for vertical construction.