HP Assembly passes TCP (Amendment) Bill

Himachal Pradesh Assembly today passed the HP Town and Country Planning (Amendment) Bill, incorporating provisions of HP Apartment and Properties Regulation Act, 2005 which would stand repealed after the new Act comes into force.
The Bill makes it mandatory for builders to earmark at least 25 per cent of developed land for weaker sections, lower income groups and bona fide residents of the state.
The Apartment and Properties Regulation Act, 2005 has been repealed and the provisions made in Chapter II and Chapter III of the Act have been incorporated in the amended Bill.
Government would consider "one time settlement" of building constructed in violation of norms and provisions of various Acts, said Town and Country Planning and Urban Development minister Sudhir Sharma while discussing the Bill.

"The Town and Country Planning policy has been amended five times over the years, but the issue could not be addressed. Now we will see how to go about and whether a policy change or a new Act is required," he said.
Apartments which were built within the limits of Shimla Municipal Corporation did not have permission from the government as builders took all clearances from the Municipal Corporation, Sharma said.

Under the Himachal Pradesh Town and Country and Planning (Amendment) Bill, 2013, apartments can still be constructed, but now builders cannot escape the provisions of Town and Country Planning even if they go for construction of colonies in rural areas of the state, he said.

The government had brought the Bill considering 13 recommendations given by the Assembly's select committee in 2009, which had looked into the Himachal Pradesh Apartment and Property Regulation Act, 2005 as there were complaints of gross violation of provisions.
Participating in the discussion, Himachal Lokhit Party member Mahewshwar Singh and BJP member Suresh Bhardwaj supported the Bill, but raised some apprehensions.
Maheshwar said the state government should fill long pending vacancies in the Town and Country Planning department at the earliest as it hampers inspections.
Bhardwaj, who headed the selected committee to review the Apartment Act said, he supported the Bill as the state government accepted the select committee's recommendations.

"However, I am surprised that while the select committee had already recommended repealing of the Apartment Act, 2005, the Congress government still gave permission to some builders as per provisions of the old Act," he said.