OTS scheme of little consequence for many

Kuldip Bhatia

Ludhiana, April 1

The much-touted one time settlement (OTS) scheme introduced by the state government with the objective of regularisation of non-compoundable violations in residential, commercial and institutional buildings has come as a damper for many as most of the buildings constructed in violation of building bylaws would not be able to avail of the benefits if the terms and conditions of the OTS scheme are any indication.

The most rampant building violations — those of converting residential properties fully or partly into commercial — have been kept out of the purview of the OTS scheme.

No illegal change of land use (commercial use of residential building except in case of shop-cum-flats) would be compoundable under the policy.

The OTS — with a window of three months (March 6 to June 5) — lays down in section 5(1)(A) that front house line (FHL) in town planning (TP) schemes would be non-compoundable.

“In other areas where FHL has been compounded, if at any time, any portion from front set back – so compounded, is required for road widening or laying any other infrastructure by the urban local bodies, no compensation for built up area shall be given to the owner,” says the policy.

As per provisions of the policy, although the violations in non-residential buildings would be compounded on ‘as is where is’ basis, these would have to conform to fire safety and parking spaces as mentioned in Schedule I of the Municipal Building Bylaws 2018 and there would be no compromise on this account.

Further, if a building is constructed without taking change of land use (CLU), then in accordance with Section 5(1)(C) prior to compounding, the CLU charges would have to be deposited as per applicable rates.

Specific provisions for structural safety have been made in the OTS scheme, which provides that residential buildings with one basement or height up to 15m would have to get safety certificate from structural engineer while non-residential buildings with one basement or height up to 15m would have to procure structural safety certificate from designated engineering institutions.

Those buildings with multiple basements or with height more than 15m would be required to submit structural safety certificates from IITs.

Officials of both Municipal Corporation and Ludhiana Improvement Trust agree that only a small number of SCF owners or commercial buildings constructed in areas, which have been declared as ‘commercial’ by the Town and Country Planning Department, would be able to avail of the benefits of the OTS scheme because a vast number of commercial buildings having come up in residential properties would not be eligible to be compounded.

No relief for violations under OTS

• For violations made after June 30, 2018
• Any construction on encroachment of public land
• In areas notified under any act of the state or centre
• For violation of land use in TP schemes, Improvement Trust schemes, urban estates, industrial focal points or any other scheme formulated under any Act
• For violation of mandatory fire safety, public safety and security norms