INRnews - Indian Real Estate News

According to the Indian Express, under the Town and Country Planning Act, only buildings with deviation up to 10 per cent are allowed to be regularised after charging suitable compounding fee. However, the cabinet gave a complete go-by to those provisions and now buildings/storeys with up to 50 per cent deviations will be regularised. "This is totally against the act and the policy of planned and regulated growth of Shimla, and also other urban towns. Law abiding citizens will be the victims and the violators beneficiaries," admits an officer of the Town and Country planning department, quoted in the Indian Express.

The press release containing the Himachal Pradesh Cabinet decision is quoted below.

"The Himachal Pradesh Cabinet in its meeting held here today under the chairmanship of Shri Virbhadra Singh, Chief Minister while giving approval to Retention Policy to be implemented throughout the State decided to give approval to all those buildings constructed in Municipal Corporation, Municipal Council/Nagar Panchayat and Other Planning Areas, where deviation to the extent of 50% in the set-backs has been carried by charging composition fee. From First storey to 5th storey, the owner would have to pay fee @ Rs. 500 per meter square in Municipal Corporation limit, @ Rs. 400 per meter square in Municipal Council/ Nagar Panchayat and @ Rs. 200 per meter square in other parts of the State. These charges will be levied only on the deviated area.

The Cabinet also decided that the buildings constructed without the approval of buildings plans will also be regularized on payment of above prescribed composition fee. In such cases, the persons concerned will have to pay additional lump sum amount for every storey constructed ranging from Rs. 5000 to Rs. 9000 per storey in Municipal Corporation area, Rs. 4000 to Rs. 8000 in Municipal Council/Nagar Panchayat and Rs. 2000 to Rs. 6000 per storey for all other planning areas.

The Cabinet also decided to regularize upto 5 storeys in the State. In core areas of Municipal Corporation Shimla construction upto 2 plus 1 would be regularized. It was also decided that roof constructed with zero height at eaves and 2.50 meter at centre and used for habitation purpose would be considered as a storey.

The Cabinet also decided that residential buildings with convenient shops at any of the 5 storeys would be considered for regularization subject to provision for parking within the premises. For this composition fee would be charged at the rate of Rs. 800 per meter square in Municipal Corporation limit, @ Rs. 600 per meter square in Municipal Council/Nagar Panchayats and @ Rs. 200 per meter square in other parts of the State. The cut off date for regularization will be 30 June, 2006. Applications for of all cases under the Retention Policy will be allowed to be submitted upto 31 December, 2006 and all cases would be disposed before 31 March, 2007. The provisions of this Policy would also be applicable to the Lease Holders who have been allotted plots by the Government excluding the cases of HIMUDA or any other Agency for a period of 99 years as this policy is to be implemented throughout the State.

The Cabinet also decided that all such buildings, the boundaries of which have been changed at the time of settlement operations would be considered for regularization on the basis of old revenue boundaries existing before the settlement of Revenue Department.

The Cabinet also reviewed its old decision with respect to giving ownership rights to the owners of buildings in Bazar wards of Shimla and decided to reduce the charges of all such lands which are owned by the Government but are in possession of individuals given to the people concerned in Bazar ward from Rs. 2000 per meter square or 20% of the market value to Rs. 1,000 per meter square or 10 % of market value whichever is more."