Pay nominal charges,regularise unauthorised constructions:Ordn

Himachal Pradesh Governor Acharya Devvrat today promulgated an ordinance paving way for regularisation of unauthorised constructions and deviations up to 70 per cent on payment on nominal charges.
A new section, "30-B" has been inserted in the Himachal Pradesh Town and Country Planning (Amendment) Ordinance 2016, for exemption in respect of development of certain lands or buildings.
It states "Notwithstanding anything contained in the Himachal Pradesh Town and Country Planning Act, 1977 or any other law for the time being in force, the government or any officer or authority, vested with the powers of director, may, on application, by order, exempt development on any land or building or class of lands or buildings developed on or before the date of commencement of this Ordinance from all or any of the provisions of the Himachal Pradesh Town and Country Planning Act, 1977 or any rule or regulation made thereunder up to such extent and on payment of such regularization fee as specified under sub-section (8) of the ordinance".

The application shall be made within 45 days from the date of commencement of the ordinance along with payment of Rs 1000 which shall be decided within a period of one year.
After passing of order under sub-section (1), permission shall be deemed to have been granted for such development of land or buildings but the exemptions shall not be applicable to applicants, who are not owners of the land.
The buildings shall be regularized on the basis of "as is where is", provided 30 per cent of the open space is available in the permissible set backs required for providing basic civic services, a structural stability audit shall be mandatory for all kind of buildings to be regularised, except those buildings comprisingtwo floors and have a built up area not exceeding 150 sq mt and the building is under self occupation.

There shall be no exemption for regularization in respect of deviations and un-authorised constructions in the green area and heritage area as defined under interim development plans or development plans as notified by the state government from time to time.

The charges for deviations up to 35 per cent would be Rs 800 per sq mt in municipal areas and Rs 400 sq mts in buildings outside the municipal and the same would be doubled in case of deviations between 35 and 70 per cent.
Further, the charges for stories above the ground floor would be 50 per cent of the charges for ground floor.

In cases where permission had been taken but there is deviation in number of stories, the fee charged would be Rs 1500 per sq mt in Municipal Area and rs 1000 per sq mt outside the Municipal area for deviations upto 100 sq mts and the compounding fee would be doubled for area above 150 sq mts.
Even the buildings which have been constructed without sanction of building plans and deviations in setbacks up to 35 per cent would also be regularised on payment of Rs 2400 per sq mt in municipal areas and Rs 1200 per sq mts outside the municipal areas while the fee would be double for deviations between 35 and 70 per cent.

In case building buildings have not been approved and deviations are made in number of stories the fee charged would be Rs 4500 per sq mt for buildings in municipal areas and Rs 3000 per sq mts outside the municipal areas for deviations up to 100 sq mts and the amount would be doubled for deviation above 100 sq mts.