Fee for legalising structures goes up

Pratibha Chauhan

Tribune News Service

Shimla, November 21

Preparing the ground for challenging the NGT order on unauthorised constructions, the government has enhanced the rates for regularising illegal structures by amending the HP Town and Country Planning Rules 2014.

The Cabinet at its meeting yesterday increased the rates for offences so that it acts as a deterrence for those who violate construction norms and, at the same time, is in line with court directives of ensuring some punitive action against the offenders.

“The Cabinet has approved the amendment to Section 35 of the TCP Rules so that the deviations in the construction could be regularised expeditiously in light of various judicial pronouncements,” said an official. The enhancement of rates will be one of the pleas that the government will take before the High Court and the NGT while seeking relaxation in the construction norms and blanket ban on new constructions in the core area of Shimla.

Sources said the rate would now be four times for the structures which had been raised without the approval of the building plan but built as per norms. In case of structures where the building plan had not been approved and there was up to 10 per cent deviation, the rate would be six times.

“Though there is a provision in Rule 35(3) of the TCP Rules that the regularising fee at twice or thrice the rate will be charged for illegal portions of the buildings, now this has been made four times and six times,” revealed an official.

The government is under tremendous pressure to provide relief to owners of over 20,000 structures who are facing action for making deviations in constructions. “Since there is a provision for a fee in the TCP Act 1977 for allowing 10 per cent deviation, it is not possible to have two separate norms for the same offence in light of the NGT order,” argued an official.

He said the NGT in its order of November 16, 2017, had fixed Rs 5,000 and Rs 10,000 per sq feet as charges for regularising unauthorised constructions in residential and commercial structures. He added that when there was a provision in the rules for legalising the deviations, it was not possible to have varying rates. The NGT had strictly said there should be no regularisation till the environmental compensation was charged.

Now it remains to be seen if the NGT and High Court will grant some relaxations for new constructions and more importantly for regularising the existing structures, whose status remains illegal.

 All for challenging HC, NGT orders

• The regularising rate will now be four times for the structures which have been raised without the approval of the building plan but built as per norms
• In case of structures where the building plan has not been approved and there is up to 10 per cent deviation, the rate will be six times
• The NGT had fixed Rs 5,000 and Rs 10,000 per sq feet as charges for regularising constructions
• The enhancement will be one of the pleas that the government will take before the High Court and the NGT while seeking relaxation in the construction norms