The Haryana Development and Regulation of Urban Areas
Rules, 1976
In exercise of the powers conferred by
section 24 of the Haryana Development and Regulation of Urban Areas Act, 1975
and all other powers enabling him in this behalf and with reference to Haryana
Government, Town and Country planning Department notification No. GSR-17/HA.
8/75/S-24/76 dated the 6th February, 1976 the Governor of Haryana hereby makes
the following rules, namely :-
Part I
Rule 1. Short title.
These rules may be called the Haryana
Development and Regulation of Urban Areas Rules, 1976.
Rule 2. Definitions.
In these rules unless the context
otherwise requires :-
(a) "Act" means the Haryana Development and Regulation of Urban Areas
Act, 1975 ;
(b) "amenity" includes roads, water supply, street lighting,
drainage sewerage, public parks, schools [play grounds], hospitals,
community centres and other community buildings, horticulture, land escaping
and any other public utility service;
(c) "Compact block" means any block of vacant land in
an urban area whether owned by one or more persons and whether or not divided
by a private road, street, lane footway, passage or drain natural or
artificial;
(d) "Form" means a form appended to these rules ;
(e) "layout plan" means a plan of the colony depicting the division or
proposed division of land into plots, roads, open spaces, etc, and other
details as may be necessary ;
(f) "section" means a section of the Act.
Part II
Rule 3. Application for licence [Sections 3 and 24].
(1) Any
owner of land desirous of setting up a colony shall make an application in
writing to the Director in form LC-1 and shall furnish therewith ;-
[(a) a demand draft
for licence fee at the rates (given in the Schedule to these rules) for the
plotted colony, group housing colony and commercial/office complexes in
residential sectors and for industrial colony;]
(b) ? income tax clearance certificate ;
(c) ? particulars of experience as coloniser showing
number and details of colonies already established or being established ;
(d) ? particulars about financial position [so
as to determine the capacity to develop the colony for which he is applying];
and
(e) ? the following plans and documents in
triplicate ;-
(i) copy or copies of all
title deeds and other documents showing the interest of the applicant in the
land under the colony, along with a list of such deeds and documents ;
(ii) a copy of the Sharja
Plan showing the location of the colony alongwith the names of revenue estate,
Khasra number and area of each field ;
(iii) a guide map on a
scale of note less than 10 centimetre to 1 Kilometre showing the location of
the colony in relation to surrounding geographical features to enable the
identification of the land ;
(iv) a survey plan of the
land under the proposed colony on a scale of 1 centimetre to 10 metres showing
the spot levels at a distance of 30 metres and where necessary contour plans.
The survey will also show the boundaries, and dimensions of the said land, the
location of streets, buildings, and premises within a distance of at least 30
metres of the said land and existing means of access to it from existing roads
;
(v) layout plan of the
colony on a scale of 1 centimetre to 10 metres showing the existing and
proposed means to access to the colony the width of streets, sizes and types of
plots, sites reserved for open spaces, community building and schools with area
under each and proposed building lines on the front and sides of plots;
(vi) an explanatory note
explaining the salient feature of the colony, in particular the sources of
wholesome water supply arrangement and site for disposal and treatment of storm
and sullage water ;
(vii) plans showing the
cross-sections of the proposed roads indicating in particulars the width of the
proposed drainage ways cycle tracks and footpaths, green verges, position of
electric plots and of any other works connected with such roads ;
(viii) plans as required
under sub-clause (vii) indicating in addition to the position of sewers, storm
water channels, water supply and any other public health services ;
(ix) detailed
specifications and designs of road works shown under sub-clause (vii) and
estimated cost thereof ;
(x) detailed
specifications and design of sewerage, storm, water and water supply schemes
with estimated costs of each ;
(xi) detailed
specification and designs for disposal and treatment of storm and sullage water
and estimated costs of works ;
(xii) detailed
specification and designs for electric supply including street lighting.
(2) The
triplicate plans mentioned in clause (e) of sub-rules (1) shall be clear
legible azo prints with one set mounted on cloth.
(3) If
the applicant wants to be exempted from providing any one or more of the
amenities in a colony, he shall furnish detailed explanatory more in the
triplicate along with application if necessary, indicating the reasons as to
why the said amenities or amenities need not or cannot be provided.
Rule 4. Percentage of area under roads, open spaces etc. in layout plans [Sections 3(3) 4 and 24].
(1)
In the layout plan of a colony other than an
industrial colony, the land reserved for roads, open spaces, schools, public
and community buildings and other common uses shall not be less than forty five
percent of the gross area of the land under the colony :
Provided that the
Director may reduce [after recording reasons therefor] this
percentage to a figure not below thirty-five where in his opinion the planning
requirements and the size of the colony so justify.
(2)
In the layout plan of an industrial colony, the
land reserved for the purpose specified in sub-rule (1) shall not be less than
thirty-five percent of the gross area of the land under the colony :
[xxx]
Rule 5. Development works to be provided in colony [Section 3(3)].
The designs and specifications of the
development works to be provided in a colony shall include:-
(a) metalling of roads
and paving of footpaths ;
(b) turfing and
plantation of trees in open spaces ;
(c) street lighting ;
(d) adequate and
wholesome water supply ;
(e) sewers and drains
both for storm and sullage water and necessary provision for their treatment
and disposal ; and
(f) any other works that
the Director may think necessary in the interest of proper development of the
colony.
Rule 6. Preparation of layout-plans on payment of fees [Section 24].
An owner of land intending to make an
application under rule 3 may request that any or all the plans and documents
referred to in sub-clauses (v) to (xi) of clause (e) of sub-rule (1) of rule 3
may be got prepared for him by the Director [on payment at rate of [five
rupees per square metre.] ]
Rule 7. Return of application [Section 3(1)].
No application under rule 3 shall be
considered to be valid unless it is made in the prescribed form and is
accompanied by the requisite documents and plans required to be furnished along
with the application. In case of failure of such compliance, the application
together-with other documents, if any, received therewith will be returned to
the applicant intimating him the grounds for returning the application, for
re-submission after compliance with the rules;
Rule 8. Enquiry by Director [Section 3(2)].
(1) On
receipt of application in the prescribed form and complete in all respects, the
Director shall enquire into the following matters and such other matters as he
may consider necessary :-
(a) title of land;
(b) extent and situation
of the land;
(c) capacity to develop
the colony;
(d) layout plan of the
colony;
(e) plan regarding the
development works to be executed in the colony; and
(f) conformity with the
development scheme of the land in question and the neighbouring areas.
[(2) Before making
enquiries under sub-rule (1), the Director shall, by an order in writing,
require the applicant [except industrial colonies of Haryana Urban
Development Authority and Haryana State Industrial Development Corporation] to furnish, within a period of thirty days from
the date of service, of such order, a scrutiny fee at the rate of [ten
rupees per square metre], calculated for the
gross area of the land under the plotted colony, and [ten rupees
per square meter] calculated on the covered
area of all the floors in a group housing colony, in the form or a demand draft
in favour of the Director, Town and Country Planning, Haryana and drawn on any
scheduled bank.]
(3)
? If the applicant fails to furnish the
requisite fee as provided in sub-rule (2) above, the Director shall reject the
application.
Rule 9. Rejection of application [Section 3].
The Director may after making inquiry as
mentioned in sub-rule (1) of rule 8 and after giving reasonable opportunity of
being heard to the applicant by an order in writing reject the application to
grant licence in [form LC II], if :-
(a) it does not conform
to the inquirements of rule 3, 4 and 5 and 8;
(b) the plants and
designs of the development works submitted with the application are not
technically sound and workable; or
(c) the estimated
expenditure on water-supply mains or extramural and outfall sewers is not
commensurate with the size of the colony.
Rule 10. Applicant to be called upon to fulfil certain conditions for grant of licence [Section 3].
(1) If
after scrutiny of the plans and other necessary inquiries which the Director
may deem fit, he is satisfied that the application is not for the grant of
licence, he shall before granting licence, call upon the applicant to fulfil
conditions laid down in rule 11 within a period of thirty days from the date of
the service of notice in form LC-III ;
Provided that on an
application within the aforesaid period, for the extension of time limit, the
Director, if satisfied of the reasons given therein extend such time up to
thirty days;
(2)
If the applicant fails to fulfil the conditions
under sub-rule (1) within the specified or extended period, the grant of
licences shall be refused
Rule 11. Conditions required to be fulfilled by applicant [Section 3(3)].
(1) The
applicant shall :-
(a) furnish to the
Director a bank guarantee equal to twenty five percent of the estimated cost of
the development work as certified by the Director and enter into an agreement
in form LC-IV for carrying out and completion of development works in
accordance with the licence finally granted;
(b) undertake to deposit
fifty percent of the amount to be realised by him from the plot-holders, from
time to time, within ten days of its realisation in a separate account to be
maintained in a scheduled bank and this amount shall only be utilised towards
meeting the cost of internal development works in the colony;
(c) undertake to pay
proportionate development charges if the main lines of roads, drainage,
sewerage, water supply and electricity are to be laid out and constructed by
the Government or any other local authority. The proportion in which and time
within which such payments is to be made shall be determined by the Director ;
(d) undertake
responsibility for the maintenance and upkeep of all roads, open spaces, public
parks and public health service for a period of five years from the date of
issue of the completion certificate under rule 16 unless earlier relieved of
this responsibility and there upon to transfer all such roads, open spaces,
public parks and public health service free of cost to the Government or the
local authority, as the case may be ;
[(e) undertake to construct
at his own cost, or get constructed by any other institution or individual at
its cost, schools, hospitals, community centres and other community buildings
on the land set apart for this purpose, within a period of four years from the
date of grant of licence extendable by the Director for another period of two
years, for reasons to be recorded in writing, failing which the land shall vest
with the Government after such specified period, free of cost, in which case
the Government shall be at liberty to transfer such land to any person or
institution including a local authority, for the said purposes, on such terms
and conditions, as it may deem fit :
Provided that a show cause notice and
opportunity for hearing shall be given before vesting the land in the
Government.]
(f) ?? undertakes to permit the Director or any
other officer authorised by him to inspect the execution of the layout and the
development works in the colony and to carry out all directions issued by him
for ensuring due compliance of the execution of the layout and development
works in accordance with the licence granted.
(2) If
the Director, having regard to the amenities which exist or are proposed to be
provided in the locality, decides that it is not necessary or possible to
provide such amenity or amenities, the applicant will be informed thereof and
clauses (c), (d) and (e) of sub-rule (1) shall be deemed to have been modified
to that extent.
Rule 12. Grant of Licence [Section 3(3)].
(1) After
the applicant has fulfilled all the conditions laid down in rule 11 to the
satisfaction of the Director, the Director shall grant the licence in form LC-V
(2) The
licence granted under sub-rule (1) shall be valid for a period of two years
from the date of its grant during which period all development works in the
colony shall be completed and certificate of completion obtained from the
Director as provided in rule 16.
Rule 13. Application for renewal of licence [Section 3(4)].
In case a coloniser fails to complete the
developments works within the period specified in sub-rule (2) or rule 12 for
the reasons beyond his control, he may apply to the Director for the renewal of
licence in form L.C. VI at least thirty days before the expiring of the licence
and the said application shall be accompanied by : -
[(i) ? Online deposit of licence renewal fees, in
favour of Director, for a sum calculated at the rates prescribed as follows,
namely: -
A For plotted colony
|
Serial number
|
Renewal period (in years)
|
Licence where completion certificate
for part of the licenced area has not been issued under rule 16.
(percentage of the licence fee
prescribed in rule 3 as prevailing on the date of application for renewal)
|
Licence where completion certificate
for part of the licenced area has been issued under Rule 16.
(percentage of the fee prescribed in
rule 3 as per the prevailing rates at the time of grant of part completion
certificate, shall be levied on area for which the part completion
certificate is granted, whereas for remaining area the prescribed fee as
mentioned in column (iii) shall be levied)
|
|
(i)
|
(ii)
|
(iii)
|
(iv)
|
|
1
|
1
|
4%
|
1%
|
|
2
|
2
|
7%
|
2%
|
|
3
|
3
|
9%
|
2.5%
|
|
4
|
4 or 5
|
12%
|
3.5%
|
B For Group Housing,
Commercial, IT/ITes, Mixed Land Use colonies
|
Serial Number
|
Renewal period (in years)
|
Licence where Occupation certificate
for part of the licenced area has not been issued as per para 4.1 of Haryana
Building Code, 2017.
(percentage of the licence fee
prescribed in rule 3 as prevailing on the date of application for renewal)
|
Licence where Occupation certificate
for part of the licenced area has been issued as per para 4.1 of Haryana
Building Code, 2017.
(percentage of the fee prescribed in
rule 3 as per the prevailing rates at the time of grant of part occupation
certificate, shall be levied on such proportionate land area against the FAR
for which the part occupation certificate is granted vis-?-vis maximum
permissible FAR in the colony, whereas for remaining area the prescribed fee
as mentioned in column (iii) shall be levied)
|
|
(i)
|
(ii)
|
(iii)
|
(iv)
|
|
1
|
1
|
4%
|
1%
|
|
2
|
2
|
7%
|
2%
|
|
3
|
3
|
9%
|
2.5%
|
|
4
|
4 or 5
|
12%
|
3.5%
|
Provided that all such renewal of licences that have become
due during the period from 31st January, 2019 to 27th April, 2020, the above
rates, as indicated against renewal period of five years shall be applicable.]
(ii) ? income tax clearance certificate ;
(iii) ? an explanatory note indicating the details of
development works which have been completed or are in progress or are yet to be
undertaken ;
(iv) ? reasons for non-completion of development
works as required in terms of the licence granted to him ; and
(v) ? the licence.
Rule 14. Renewal of licence [Section 3(4)].
(1) On
receipt of an application under rule 13, the Director shall if satisfied after
making such enquiries as he may consider necessary, that the delay in execution
of development working was for reasons beyond the control of the coloniser,
renew the licence for a period of one year.
(2) In
case the Director is not so satisfied, he shall reject the application and in
that case an intimation in this regard will be sent to the coloniser in form
LC-VII :
Provided that before
rejecting the application, the Director shall give the coloniser an opportunity
of being heard.
Rule 15. Execution of works [Section 24].
The coloniser shall [start] the laying out of the colony and development
works within a period of three months of the grant of licence under rule 12 and
shall complete the same before the expiry of the period of Licence.
Rule 16. Completion certificate / part completion certificate [Section 24].
(1) After
the colony has been laid out according to approved layout plans and development
works have been executed according to the approved design and specifications
the coloniser shall make an application to the Director in form LC-VIII.
(2) After
such [scrutiny], as may be necessary,
the Director may issue a completion certificate/part [completion
certificate] in form LC-IX or refuse to
issue such certificate stating the reasons for such refusal :
Provided that the coloniser shall be
afforded an opportunity of being heard before such refusal.
Rule 17. Transfer of licence [Section 24].
The coloniser shall not transfer the
licence granted to him under the rule 12 to any other person without the prior
approval of the Director.
Rule 17A.[-]
[Rule 17B. Surrender of Licence.
(1) Any colonizer granted
licence under section 3, on payment of the outstanding renewal fee with
interest upto date, if any, with the prior permission of the Director, on such
terms and conditions as may be determined by him, may surrender any existing
licence, either partly or fully :
Provided that no third-party rights
have been created in the colony. However, in case the same have been created,
then surrender of licence shall be allowed with the consent of the allottees of
the colony, which shall be deemed as extinguishing of third-party rights to the
extent of said part of the colony:
Provided further that the area over
which third-party rights have been created shall be in one compact block. If
area over which third-party rights have been created is scattered over the
licenced area then, the colonizer shall submit consent of the individual
allottees for making it in one compact block along with a detailed scheme of
the relocation within licenced area.
(2) All such surrender of
licence application submitted under sub-rule (1) shall be accompanied by the
following documents: -
(a) declaration
pertaining to third party rights and such corresponding area;
(b) declaration
pertaining to whether internal development works are undertaken at site and
where undertaken whether site restored to its original state i.e. before grant
of licence.
(3) The scrutiny fees,
licence fees, conversion charges, infrastructure development charges, principal
as well as interest till the filing for surrender of licence complete in all
respects, qua the part of licenced area being surrendered, shall be forfeited.
(4) External Development
Charges (principal amount and interest) being a user charge shall be
refunded/adjusted, if any of the services have not been availed by the
colonizer. The colonizer shall have two options for the surrendered area qua
External Development Charges when he applies for surrender of license: -
(a) The colonizer may get
85% of this amount of External Development Charges refunded.
(b) Get 100% of the
amount refunded without interest but only upon a new license being granted in
that particular sector. In such case, the External Development Charges to be
demanded in the new license shall have to be more than or equal to the External
Development Charges to be refunded in the surrendered area of the license :
Provided that External Development
Charges shall not be refunded/adjusted, if any of the services has been availed
by the colonizer, irrespective of the proportion/extent of the services
availed. Further, any such refund/adjustment of External Development Charges in
partial surrender of licence shall be subject to the condition that no service
has been availed for the original licenced area and further External
Development Charges shall be refunded/adjusted only in proportion to the land
applied for surrender of licence.
(5) In case of revision
of layout plan on account of only part of licenced area being surrendered, all
necessary formalities pertaining to change of layout plan, fees inviting of
objections and suggestions as per the prevailing policy instructions for
revision of layout/ building plans, as amended from time-to-time, shall be
followed.
(6) If the colonizer
decides to surrender part of the licenced area, the area norms of the part of
colony retained under the existing licence should fulfil the applicable area
norms for grant of such licence.]
Rule 18. Cancellation of licence [Section 8(1)].
(1) If
the Director determines at any time that the execution of the layout plans and
the construction or other works is not proceeding according to the licence
granted under rule 12 or is below specification or is in violation of the
provisions of these rules or of any law or rules for the time being in force,
he shall by notice in form LC-X require the coloniser to remove the various
defects within the time specified in the notice.
(2) If
the coloniser fails to comply with the requirements detailed in the notice
issued under sub-rule (1), the Director shall issue him a further notice in
form LC-XI to afford him an opportunity to show cause within a period of one
month why the licence granted should not be cancelled.
(3) After
hearing the coloniser and considering such representation as he may make the
Director may either cancel the licence or grant him further time for complying
with the requirements of the notice issued under sub-rule (1). If, however, the
coloniser does not comply with the said requirements within such extended
period, the Director shall cancel the licence and thereafter, [within one month], shall cause a proclamation made in the locality
about the cancellation of the licence by beat of drum [within
thirty days of the cancellation of licence.]
(4) On
cancellation of the license, no further work shall be undertaken or carried out
by the coloniser.
[(5) Deleted.]
[Rule 19. Development works to be carried out by the Director in the colony [Section 8].
(1) After cancellation of
the licence or permission the Director shall by notice in form L.C. - XI call
upon the coloniser to furnish within a specified time an audited statement of
accounts duly certified and signed by the chartered accountant showing the
amount actually recovered by him from each plot-holder and the amount he has
actually spent on development works in the colony.
(2) The Director shall
also ascertain from the plot-holders the amount, paid by them to the coloniser
and the balance amount, if any, to be paid by each of them to the coloniser.
(3) The Director shall
intimate to the coloniser and the plot-holders the charges he may have to incur
on development works in the colony and shall call upon the coloniser and the
plot-holders in form LC-XII and LC-XIII to pay these charges within thirty
days. In case they fail to pay these charges, the Director, may recover these
charges as arrears of land revenue.]
Rule 20. Release of Bank guarantee [Section 24].
After the layout and development works or
part thereof in respect of the colony or part thereof have been completed and a
completion certificate in respect thereof issued, the Director may, on an
application in this behalf from the coloniser, release bank guarantee or part
thereof as the case may be :
Provided that if the completion of the
colony is taken in parts only, the part of the bank guarantee corresponding to
the part to the colony completed shall be released :
Provided further
that the bank guarantee equivalent to 1/15th amount thereof shall be kept
unreleased to ensure upkeep and maintenance of the colony or part thereof, as
the case may be, for a period of five years from the date of issue of the
completion certificate under rule 16 or earlier, in case the coloniser is
relieved of the responsibilities in this behalf.
Part III
Rule 21. Application for obtaining exemption from grant of licence [Section 9(2)].
(1) Any
person desirous of obtaining exemption from grant of licence under sub-section
(1) of Section 9 of the Act shall make an application to the Director in form
EC-1 and EC-II for cases falling under clauses (a) and (b) respectively of
sub-section (1) of section 9 along with copies of layout plan and other
documents specified therein in triplicate.
(2) In
cases falling under clause (b) referred to in sub-rule (1), the applicant shall
undertake to provide amenities similar to those existing in the locality if not
already provided by him.
Rule 22. Enquiry by Director [Section 9(1)].
(1) On
receipt of an application in the prescribed form along with other documents,
and plans under rule 21, the Director shall make an enquiry as he may consider
necessary and relevant.
Rule 23. Grant or refusal of exemption [Section 9(1)].
(1) If
after the enquiry the Director is satisfied that the application is fit for
grant of exemption he will grant exemption in form EC-III.
(2) If
after the enquiry and after providing an opportunity of being heard to the
applicant, the director is of the opinion that the application has been made
with a view to evade the provisions of the Act, he will refuse to grant
exemption in form EC-IV.
Rule 24. Submission of copies advertisements, etc. by coloniser [Section 24].
On obtaining a license to set up a
colony, the coloniser shall furnish to the Director an authenticated copy of
the advertisement made by him for the sale of plots in the colony and of the
terms of agreement entered into between him and each of the plot-holders.
Rule 25. Maintenance of register [Sections 4 and 24].
(1) The
Director shall maintain the following registers in the forms noted against each
in respect of licenses and exemptions granted-or refused by him :
(a) A register in Form R
- I showing particulars of all cases in which licenses have been granted or
refused.
(b) A register in form R
- II showing the particulars of all cases in which exemption have been granted
or refused.
(2) The
register mentioned in sub-rule (1) shall be available for inspection without
any fee by all interested persons and such persons shall be entitled to have
copies of the extract therefrom on the payment of two rupees per entry.
Rule 26. Maintenance and submission of accounts [Sections 5 and 6].
(1) The
coloniser shall ?
(i) issue regular receipt
to the plot holders in respect of the money received by him and maintain
counterfoils of the receipt so issued;
(ii) maintain separate
ledger account of each plot-holder;
(iii) maintain a register
containing authenticated copies of each of the agreements entered into between
him and each of the plot holders; and
(iv) maintain accounts
books showing details of expenses incurred by him on various development works
in the colony.
(2) The
coloniser shall within a period of three months after the close of every
financial year, submit to the Director through registered post with
acknowledgement due a statement of accounts indicating the amount realised from
each plot-holders, the expenditure incurred on internal and external
development works separately of the colony with details thereof together with
the amount due from each plot holder indicating their postal address. This
statement should be duly audited, certified and signed by a chartered
accountant.
Rule 27. Intimation of accounts number of Coloniser [Section 5].
The coloniser shall intimate the account
number and full particulars of the scheduled bank wherein he deposits fifty per
centum of the amount realised by him from the plot holders for meeting the cost
of internal development works in the colony.
Rule 28. Intimation about deposit of amount [Section 5].
The coloniser shall intimate in form AC
on the fifth day of each month the amount realised by him from each of plot
holders and the amount deposited by him in the scheduled bank during the
proceeding month.
Rule 29. Fee for copy of licence or exemption [Section 24].
A fee of two rupees shall be charged for
obtaining a copy of licence or exemption.
Rule 30. Form and manner of appeal [Section 19].
(1)
Every memorandum of appeal shall be written on
a standard water marked judicial paper in the form of narration and it shall
set forth concisely and under distinct heads the grounds of objections to the
order appeal from and also the relief claimed.
(2)
The memorandum of appeal shall bear a court fee
stamp of ten rupees.
(3)
The memorandum of appeal shall be accompanied
by an attested copy of the order appealed from.
(4)
The memorandum of appeals shall be addressed to
the Secretary to Government, Haryana, Town and Country Planning Department,
Chandigarh, and shall be signed and verified in the manner in which plaints are
signed and verified.
Form LC-I
[See rule 3(1)]
Registered
To
The Director,
Town and Country
Planning Department,
Haryana, Chandigarh.
Sir,
I/We
beg to apply for grant of licence to set up a residential/Commercial/Industrial
colony at ------------------ and District------------
The
requisite particulars are as under ?
1.
Name _________________________________________________________
2.
Father's name ___________________________________________________
3.
Occupation _____________________________________________________
4.
Permanent resident address ________________________________________
5.
Address for the purpose of correspondence
____________________________
6.
Whether applicant is income tax payer,
________________________________
if so, the amount of income tax paid
during the each of the last three years.
7.
7. Details of movable/immovable property
________________________________
held by the applicant.
8.
Whether the applicant had ever been
__________________________________
granted permission to set up a colony
under any other law, if so, details
thereof
9.
Whether the applicant has ever established
_____________________________
a colony or is establishing a colony
and if so, details thereof.
10. Any other information
the applicant likes to furnish
2. I/We enclose the
following documents in triplicate :-
(i) Copy or copies of all
the title deeds and or other documents showing the interest of the applicant in
the land under the proposed colony along with a list of such deeds and/or other
documents.
(ii) A copy of the shajra
plans showing the location of the colony along with name of the revenue estate,
Khasra number of each field and the area of each field.
(iii) A guide map on a
scale of not less than 10 centimetre to 1 Kilometre showing the location of the
colony in relation to surrounding geographic features to enable the
identification of the site.
(iv) A survey map of the
land under the colony on a scale of 1 centimetre to 10 meters showing the spot
levels at distance of 30 metres and where necessary, contour plans. The survey
will also be boundaries and dimensions of the said land, the location of
streets, buildings and premises within a distance of at least 30 metres of the
said land and existing means of access to if from existing roads.
(v) Layout plan of the
colony on a scale of 1 centimetre to 10 mtr, showing the existing and proposed
means of access to the colony, the width of streets, sizes and types of plots,
site reserved for open spaces, community buildings schools with area each and
proposal building lines on the front and sides of plots.
(vi) An explanatory note
explaining the salient features of the proposed colony, in particular the
sources of the water supply, arrangements for disposal and treatment of storm
water and sullage water.
(vii) Plans showing the
cross sections of the proposed roads showing in particular width of the
proposed carriage ways cycle tracks and footpaths, green verges, position of
electric poles and of any other works connected with such roads.
(viii) Plans referred to in
clause (vii) above indicating in addition the position of sewers, storm water
channels, water supply and other public health services.
(ix) Detailed
specifications and designs of road works shown in clause (vii) above and
estimated cost thereof.
(x) Detailed
specifications and designs of storm water and water supply schemes with
estimated cost of each.
(xi) Detailed
specifications and designs for disposal and treatment of storm and sullage
water and estimated cost of works.
(xii) Detailed
specifications and designs of electric supply including street lighting.
3. The names and
qualification of the Engineer responsible for the execution of the development
works of the colony and given below and the engineer has also signed below in
token on his engagement :-
Name of Engineer
Qualification of Engineer
Signature of Engineer
1.
2.
3.
4. I/We enclose the
further following documents :-
(i) (i) Demand draft No
--------- Dated for Rs. .....
(ii) Income tax clearance
certificate issued by the Income Tax Officer.
5. It is further
submitted that I/we may be exempted from providing the following
amenity/amenities in the proposed colony and an explanatory note in triplicate
alongwith plans marked A, B, C (so on) as to why the said amenity/amenities are
not required to be provided in the colony is enclosed :-
Amenities
6. I/We solemnly
affirm that the particulars given in para 1 above are correct to the best of
my/our knowledge and behalf.
Dated:-
Your's faithfully
Place
(Name and
address)
Attested
:
Oath
Commissioner/Magistrate, Ist class
Form LC-II
(See Rule 9)
From
The Director,
Town and Country Planning, Haryana,
Chandigarh
To
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
Memo No.
Dated the
Reference your application, dated
------------------------ for grant of a licence.
2. It is regretted that the grant of
licence is refused for the reasons given below :-
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Director,
Town and Country Planning,
Haryana, Chandigarh
Form LC-III
Registered A.D.
From
The Director,
Town and Country Planning, Haryana,
Chandigarh.
To
-----------------------------------
-----------------------------------
-----------------------------------
Memo No. Dated
Reference your application dated
---------------- for the grant of licence to set up a colony at
------------------ Tehsil ------------------ District -----------------
2. It is proposed to grant licence to you
for setting up a colony at -------------- tehsil ------------------- district
---------------- You are therefore called upon to fulfil the conditions laid
down in rule 11 of the Haryana Development and Regulation of Urban Areas Rules
1976 within a period of thirty days from the date of the service of notice.
Director,
Town and Country Planning,
Haryana, Chandigarh
Form LC-IV
(See rule 11)
Agreement by owner of land intending to
set up a colony.
This agreement made on the
-------------------------- day of ----------------- One thousand nine hundred
and Eight. ---------------- between Shri/M/s -------------s/o Shri
----------------- resident of ------------------(hereinafter called the owner)
of the one part and the Governor of Haryana, acting through the Director, Town
and Country Planning, Haryana (hereinafter referred to as the Director) of the
other part.
Whereas the owner is in possession of or
otherwise well entitled to the land mentioned in Annexure hereto for the
purpose of covering into residential/commercial/industrial colony ;
And whereas under rule 11, one of the
conditions for the grant of licence is that the owner shall enter into an
agreement for carrying out and completion of development works in accordance
with the licence finally granted for setting up a colony at -----------------
tehsil --------------- and district ------------
Now This Deed Witness (sic) As
Follows
1.
In consideration of the Director agreeing to
grant licence to the owner to set up the said colony on the land mentioned in
Annexure here to on the fulfilment of all the conditions laid down in rule 11
by the owner the owner hereby convents as follows:-
(a) That the owner shall
be responsible for the maintenance keep of all roads, open spaces, public parks
and public health services for a period of five years from the date of issue of
the completing certificate under rule 16 unless earlier relieved of completion
certificate under this opportunity responsibility, when the owner shall
transfer all such roads open spaces, public parks and public health services
free of cost to the Government of the local authority, as the case may be.
(b) That the owner shall
at his own cost construct or get constructed by any other institution or
individual at its cost schools, hospitals, community centres and other
community buildings on the land set apart for this purpose, or if so desired by
the Government, shall transfer to it at any time, it may desire, free of cost
land thus set apart for schools, hospitals community centres and other
community buildings, in which case the Government shall be at liberty to
transfer such land to any person or institution including a local authority on
such terms and condition as it may lay down.
(c) That the owner shall
deposit fifty per cent of the amount realise by him from plot holders, from
time to time, in a separate account to be maintained in a scheduled bank and that
this amount shall only be utilised by the owner towards meeting cost of
internal development works in the colony.
(d) That the owner shall
permit the Director or other officer authorised by him in this behalf to
inspect the execution of the layout and the development works in the colony and
the coloniser shall carry out all directions issued by him or ensuring due
compliance of the executions of the layout and development works in accordance
with licence granted.
(e) That the owner shall
pay proportionate development charges as and when required and as determined by
the Director in respect of external development charges.
(f) That without
prejudice to anything contained in this agreement all the provisions contained
in the Act and these rules shall be on the owner.
2.
Provided always and it is hereby agreed that if
the owner shall commit any breach of the terms and conditions of this agreement
or violate any provision of the Act or these rules, then and in any such case,
and notwithstanding the waiver of any previous cause or right, the Director,
may cancel the licence granted to him.
3.
Upon cancellation of the licence under clause 2
above, the Government, may acquire the area of the aforesaid colony under the
Land Acquisition Act, 1894 and may develop the said area under any other law.
The Bank guarantee in that events shall stand forfeited in favour of the
Director.
4.
The stamp and registration charges on this deed
shall be borne by the owner.
5.
The expression the 'owner' hearing before used
shall include his hirers, legal representatives, successors and permitted
assigns.
6.
After the layout and development works or part
there of in respect of the colony or part there of have been completed and a
completion certificate in respect thereof issued, the Director may on an
application in this behalf from the owner release the bank guarantee or part
there of as the case may be, provided that if the completion of the colony is taken
in parts only the part of bank guarantee corresponding to the part of the
colony completed shall be released and provided further that the bank guarantee
equivalent to 1/5th amount thereof shall be kept unrealised to ensure unkept
and maintenance of the colony or the part thereof as the case may be for a
period of five years from the date of issue of the completion certificate under
rule 16 or earlier in case the owner is relieved of the responsibilities in
this behalf by the Government.
In witness where of
the coloniser and the Director have signed this deed on the day and year first
above written.
|
1. Witnesses :-
|
The owner
|
|
1. -----------------------------
|
|
|
2. -----------------------------
|
Director for & on behalf of the Governor
of Hr.
|
|
2
|
|
|
1. ------------------------------
|
In case the owner is exempted from
|
|
2. ------------------------------
Dated : Annexure
|
providing any one or more amenities
sub clauses (a), (b) & (c) may be modified accordingly.
|
Form LC-V
(See Rule 12)
Haryana Government Town and Country
Planning Department
Licence No. -----------------
This licence has been granted under the
Haryana Development and Regulation of Urban Areas Act, 1975 and the rules made
thereunder Shri/M/s................resident of...........Tehsil.............and
District............................setting up a residential/commercial/Industrial
colony at Tehsil.................and District.........................
2. The particulars of land wherein the
aforesaid colony is to be set up are given in the scheduled annexed hereto and
duly signed by the Director, Town and Country Planning, Haryana.
3. The licence has been excepted from
providing the following amenity/amenities in the aforesaid colony ;-
1.
2.
3.
4. The licence granted is subject to the
conditions ;-
(a) that the colony is
laid out to conform to the proposal approved layout plans and development works
are executed according to the designs and specifications shown in the approved
plan accompanying this licence;
(b) that the conditions
of the agreement already executed are duly fulfilled and the provisions of the
Haryana Development and Regulation of Urban Areas Act, 1975 and the rules, made
thereunder are duly complied with.
5. The licence is valid
upto..............
Director
Town and Country Planning
Haryana, Chandigarh
|
Sr. No.
|
Date of renewal
|
Date up to which renewed.
|
Signature of the Director
|
|
1.
|
|
|
|
|
2.
|
|
|
|
|
3.
|
|
|
|
Form LC-VI
(See rule 13)
Registered A.D.
To
The Director,
Town and Country Planning, Haryana,
Chandigarh.
Sir,
I/We beg to apply for renewal of licence
No .............which expires on...................
................................................................
2. As required I/We submit :-
(i) Demand draft No.
............ dated............. for rupees.................. as renewal fee.
(ii) Income Tax clearance
certificate issued by the Income Tax Officer............
(iii) Reasons for
non-completion of development works.
(iv) an explanatory note
indicating the details of developments works which have been completed or are
in progress or are yet to be undertaken.
(v) Licence :
|
Date
|
Yours faithfully
|
|
Place
|
(Name and address)
|
Form LC-VII
[See rule 14(2)]
Registered A.D.
From
The Director,
Town and Country Planning Department,
Haryana, Chandigarh.
To
---------------------
---------------------
---------------------
Memo No., Dated the
Reference your application, dated
the..............for renewal of a licence No...............
It is regretted that the renewal of the
licence is refused for the reasons given below:-
--------------------------
--------------------------
--------------------------
Director,
Town and Country Planning,
Haryana, Chandigarh.
Form LC-VIII
[See rule 16(1)]
Registered
From
-------------------------
-------------------------
-------------------------
To
The Director,
Town and Country Planning, Haryana,
Chandigarh.
Sir, Kindly refer to your memorandum No.
................dated granting licence to the setting up of a colony
at.........................Tehsil..................and
District........................
2. I/We have to intimate that the said
colony has been laid out and completed part of the colony as shown on the
enclosed plan has been completed in all respects as per terms and conditions of
the licence granted by you. I/We, therefore, request that a completion
certificate in respect of the whole colony/the said part of the colony may
kindly be issued as required under rule 16.
3. As required I/We enclose the layout
plan of the colony in triplicate showing the whole/part thereof over which the
said works have been completed.
Yours faithfully,
Dated
Place
Form LC-IX
[See rule 16(2)]
Registered A.D.
From
The Director,
Town and Country Planning,
Haryana, Chandigarh
To
--------------------------
--------------------------
--------------------------
Memorandum No.
Dated
Reference your application dated, the
............... requesting for completion certificate in respect of your
colony/part of colony for which licence was granted, vide this office
memorandum No.................... dated...................
2. It is hereby certified that the
required development works on the whole of the colony/part of the colony as
indicated in the enclosed outlay, duly signed by me :-
(1) I/We have been
completed to my satisfaction.
Director,
Town and Country Planning,
Haryana, Chandigarh
Form LC-X
(See rule 18(1))
From
The Director,
Town and Country Planning,
Haryana Chandigarh
To
-------------------
-------------------
-------------------
Memorandum No.........
Dated the
Whereas it has come to my notice that :
(a) the execution of the
layout plan and development works have not been commenced within three months
of the grant of licence to you.
(b) layout of the colony
has not been done as per approved layout plan and is deficient in following
respects :
------------------------
------------------------
(c) development works are
not being executed as per terms and conditions of licence in this behalf and
are deficient in following respects :-
-------------------------
-------------------------
2. You are hereby required to set the
aforesaid deficiencies and deviations in order within a period
of...................from the date of this notice and report compliance.
Director,
Town and Country Planning,
Haryana, Chandigarh.
[Form LC-XA
[See rule
18(2)]
Registered A.D.
From
The Director,
Town and Country
Planning,
Haryana, Chandigarh.
To
___________________________
___________________________
____________________________
Memorandum No......................................................Dated
the..........................
Whereas a notice under Sub-rule (1) of rule 18 was issued to
you vide this office memorandum No. __________________________dated
the_______________________;
And whereas, despite the said notice, you have failed to
comply with the same.
Now, therefore, you are hereby required to show cause within
a period of one month from the date of receipt of this notice why the licence
already granted to you under rule 12 in respect of the aforesaid colony should
not be cancelled. In case no reply is received within the aforesaid period, it
shall be presumed that you have no cause to show and further action shall be
taken in accordance with the rules.
(Sd/-)....,
Director,
Town and Country Planning,
Haryana, Chandigarh.]
[Form LC XI]
[See rule 19(1)]
Registered
From
The Director,
Town and Country Planning.
Haryana, Chandigarh.
To
--------------------
--------------------
--------------------
Memorandum No.
Dated the
Whereas your licence/permission has been
cancelled and you are not to carry out the development works in the colony, you
are hereby required to furnish within fifteen days an audited statement of
accounts duly certified and signed by a chartered accountant showing the amount
actually recovered by you from each of the plot-holder and the amount you have
actually spent on development works in the colony. In case you fail to comply
with this direction action as admissible under the Haryana Development and
Regulation of Urban Areas Act, 1975 will be taken.
Director,
Town and Country Planning,
Haryana, Chandigarh.
[Form LC XII]
(See rule 19(3)]
Registered
From
The Director,
Town and Country Planning,
Haryana, Chandigarh.
To
--------------------------
--------------------------
Memorandum No.
Dated the
Whereas your licence/permission has been
cancelled and the development works in the..................colony are proposed
to be carried out by the undersigned and the estimated cost of these works will
be Rs.....................you are hereby required under section 9 of the Haryana
Development and Regulation of Urban Areas Act, 1975 to pay
Rs.........................by a demand draft within thirty day of the service
of this notice, failing which the said amount of Rs..................will be
recovered from you as arrears of land revenue.
Director,
Town and Country Planning,
Haryana, Chandigarh.
[Form LC XIII]
[See rule 19(3)]
Registered
From
The Director,
Town and Country Planning, Haryana,
Chandigarh.
To
--------------------------
--------------------------
--------------------------
Memorandum No.
Dated the
Whereas the licence/permission of the
...................coloniser has been cancelled and the development works in
the ....................colony are to be executed by the Director and the
estimated cost of there development works would be Rs...................., you
are hereby required under section 8 of the Haryana Development and Regulation
of Urban Areas Act, 1975, to pay Rs...................by a demand draft within
thirty days of the service of this notice failing which the said amount of
Rs...................will be recovered from you as arrears of land revenue.
Director,
Town and Country Planning,
Haryana, Chandigarh.
Form EC-I
(See Rule 21)
Registered A.D.
From
----------------
----------------
To
The Director,
Town and Country Planning Department,
Haryana, Chandigarh.
Sir,
I/We beg to apply for grant of exemption
from obtaining the licence and submit that;-
(a) (i) I/We owned/own
land measuring.................in a compact block in Khasra No..............
and Hadbast No.............. of village Place.................. Tehsi
l...................... and District.............and divided it into plots for
residential, industrial or commercial purpose in the year.................as
per enclosed layout plan drawn on a scale I centimetre to 10 meters. The number
allotted to each plot is also shown in the plan :
(ii) the above land is not situated
within a controlled area :
(iii) the above layout plan was
sanctioned/not sanctioned by the...........vide Letter
No...............dated.................or no sanction for the layout plan was
required under the.................law.
(iv) in the above
land.................residential...................commercial
.................. and Industrial plots were carved out and an area
measuring..................is reserved for roads, open spaces, parks, public
institutions, as shown in the layout plan;
(v) ....................plots as
detailed below had been sold or agreed to be sold before the 16th November,
1971.
Residential
Industrial Commercial Sold Agree to be sold
Total +
(vi) A list in Annexure 'A' and 'B'
below in respect of the plots mentioned at (iv) above is enclosed.
Annexure 'A'
|
Sr. No.
|
No. of plots
|
Category of plot i.e. Whether resi.
or commercial
|
Area of plot
|
To whom plot sold (full particulars
given)
|
Whether full price of plot has been
received if so
|
Date of sale
|
If sale deed executed if so, the date
there of with a copy of deed
|
Remarks
|
Annexure 'B'
|
Sr.No.
|
No. of plots
|
Category of plot i.e. whether resi.
comme. or Ind.
|
Area of plot
|
To whom the plot had been agreed to
be sold (full particulars be given)
|
Date of agreement for sale of plot
with a copy of agreement
|
Price of plot fixed
|
Amount rec. as earnest money & in
the form of instalments if any.
|
Remarks
|
1.
The copies of plans and others documents
referred to above are enclosed in triplicate.
2.
I/We solemnly affirm that the information in
para I above are correct to the best of my/our knowledge and belief.
Yours faithfully,
Date
Attested
Place Oath
Commissioner/Magistrate Ist Class
Form EC-II
(See rule 21)
Registered A.D.
From
----------------
To
The Director,
Town and Country Planning,
Haryana, Chandigarh.
Sir, I/We beg to apply for grant of
exemption from obtaining the licence and submit that :-
(i) I/We owned/own land
measuring.............. Sq. metres in Khasra Nos...........and Hadbast No.
................and the said land is situated at.............., f.e.w. within
the limits of Municipality of Notified area ................ Faridabad Complex
and it has been divided or proposed to be divided into residential, industrial
and commercial plots of the size as shown in the enclosed layout plan drawn on
a scale of I centimetre to 10 meters.
(ii) The said land is
situated in the locality knows as..............at ..................A layout
plan of the locality within a distance of 100 metres grounds our land drawn on
a scale of I centimetre to 10 metres is enclosed indicating the size of
residential, Industrial and commercial plots.
(iii) The amenities exist
in the locality are as under ;
(iv) The amenities which
exist or are undertaken to be provided by the applicant are as under :-
(a) Existing
amenities......................
(b) Amenities undertaken
to be provided within a period of.
2. The copies of plans and other documents
referred to above are enclosed, in triplicate.
3. I/We solemnly affirm that the
information given in a Para I above are correct to the best of my/our knowledge
and belief.
Yours faithfully
Date
Attested
Place : Oath
Commissioner/Magistrate Ist Class
Form EC-III
[See rule 23(1)]
Registered A.D.
From
The Director,
Town and Country Planning,
Haryana, Chandigarh.
To
---------------------
---------------------
Memo No., Dated the
Reference your application dated the
................ for grant of exemption from obtaining the licence.
2. The exempting applied for in respect
of the land detailed in the Schedule below is granted subject to the conditions
of your providing the amenities mentioned below:-
Schedule
Amenities
Director,
Town
and Country Planning,
Haryana,
Chandigarh
Form EC-(IV)
[See rule 23(1)]
Registered A.D.
From
The Director,
Town and Country Planning, Haryana,
Chandigarh
To
---------------------------
Memo No., Dated the
Reference your application dated, the
...................
2. It is regretted that the exemption
from obtaining the licence is refused for the reasons given below :-
-------------------
-------------------
Director,
Town and Country Planning,
Haryana, Chandigarh
Form R-II
[See Rule 25(1)(a)]
Register showing the particulars of all
cases in which licence to set up a colony has been granted or refused :-
|
Sr.No.
|
File No.
|
Name and full address of the person
of society or company applying for licence.
|
Date of Application.
|
Particulars of financial position of
the applicant.
|
Place where colony is to be set up.
|
Area of the Colony.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Date of brief particulars of the
final orders pass by the Director granting or refusing licence.
|
Date of sub-mission of demand draft
on account of licence fee/renewal fee with amount there of.
|
Date on which licence expires.
|
Date of renewal of licence & the
period up to which licence is renewed.
|
Particulars of the Bank guarantee
furnished.
|
Remarks
|
|
8
|
9
|
10
|
11
|
12
|
13
|
Form-II
[See rule 25(1)(b)]
Register
showing particulars of all cases in which exemption from obtaining the licence
has been granted or refused :
|
Sr.No.
|
File No.
|
Name & address of the owner of
land applying exemption
|
Date of application
|
Area of land covered by the colony
& brief description of its location
|
Date & brief particulars of the
final orders passed by the Director granting or refusing exemption.
|
Whether any condition has been
imposed for providing amenities
|
if so, the period by which amenities
are to be provided.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
Form AC
(See rule 28)
Registered
From
----------------------
----------------------
To
The Director,
Town and Country Planning, Haryana,
Chandigarh.
I furnish below the particulars of amount
realise from the plot holders in the month of ................and the amount
deposited in account
No.............in...................Basic.......................
|
Sr.No.
|
Name with percentage of the plot
holder alongwith address.
|
Particulars of plot.
|
Amount realised.
|
Date of realisation of amount from
plot holder.
|
Amount deposited in bank for internal
dev. works in the colony.
|
Date of deposit of amount in bank.
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
Yours faithfully,
( )
Date;
Place;
Schedule
(See rule 3)
Rates of
Licence Fee per Gross Acre
(For colonies other than Industrial)
|
Name of the Town/Urban Area
|
Plotted Colony
|
Group Housing Colony
|
Commercial/Office Complex in
residential Sector
|
|
Rs.
|
Rs.
|
Rs.
|
|
Gurgaon, Faridabad and Panchkula
|
1 lac
|
1.25 lac
|
25 lac
|
|
Sonepat, Panipat, Manesar and
Bahadurgarh
|
1 lac
|
1.25 lac
|
15 lac
|
|
Rest of the State
|
0.25 lac
|
0.30 lac
|
5 lac
|
|
For Industrial Colonies
|
|
Name of the Town/Urban Area
|
Rate
|
|
|
|
Rs.
|
|
Gurgaon Town, Gurgaon Block of
Gurgaon District (Except Manesar),
Faridabad, Ballabhagarh and Ballabhgarh Block of Faridabad District
|
0.50 lac
|
|
Bahadurgarh, Kundli, Panipat Town and
IMT Manesar
|
0.20 lac
|
|
Remaining towns of the State
|
0.50 lac
|