Haryana

UNAUTHORISED COMMERCIAL CONSTRUCTION IN HARYANA: ONE TIME RELIEF TO SETTLEENT INITIATED

May 31, 2018 09:59 PM

Chandigarh (Face2News)

While unauthorized commercial constructions in Haryana are in for one-time relief, illegal conversions from residential to commercial in core areas are set to get a window for getting these regularized. But the one-time relief on both counts will not be a blanket one, and shall be subject to certain riders.

The Haryana Cabinet which met under the Chairmanship of the Chief Minister, Mr Manohar Lal, here last evening, approved a policy for grant of one-time relief to unauthorized commercial constructions and regularization of illegal conversions from residential to commercial in core areas. 

The policy has been framed to provide one-time relief so that unauthorized commercial construction is brought into conformity with the Building Code and relevant Acts or Rules and regularization of illegal conversion. It has two parts. Part-A is related to granting relief to the unauthorized construction and Part-B relates to regularization of illegal conversion from residential to commercial in core areas.

The concept of granting relief to unauthorized commercial construction in Part-A makes it clear that the policy will not be a blanket regularization policy, but a policy under which relief will be provided only if applied. 

Regularization of unauthorized commercial construction will be permitted for only 10 years and within these years, the applicant will have to construct or rectify his building as per the building bye-law or code. The department will prepare an IT-based platform to record all submitted information on unauthorized commercial construction and prepare a complete database on central server, integrated with the software, which will scrutinize the building plans and prepare report on violations. The report will be provided to the applicant who has to rectify construction within the given span of 10 years. 

Responsibility of municipality:

Other than applied cases, municipalities will upload data related to all applied/ approved/rejected building plans cases (till date) along with additional geographical information in the data base, so that the same will be followed up on the online system for compliance of applicable rules, payment of pending fee/ charges and obtaining of Occupation Certificate. The system will also issue notices with reference to applied cases for compliance.

Along with certified unauthorized building plans, the municipalities will initiate preparation of existing land use plan of core/ old area showing residential, commercial, institutional, industrial, transport, open/ green space and any other land use (if required) with the purpose to know the existing situation.

The municipality, if required, may divide the core/ old areas into several blocks for the purpose of re-development/ planning of same and will analyse the extent of unauthorized construction within the blocks or core/old areas and prepare a re-development scheme/ plan for the same.

The re-development plan of block or core area will include widening of the existing street by acquiring land from the existing plots by offering additional FAR/ exemption from property tax/ awarding compensation/ any other viable offer for de-congesting streets and providing light and ventilation and green spaces in core areas.

The municipality shall improvise its enforcement and planning mechanism by appointing staff and other technological measures such as, online scrutiny system, which will also act as an enforcement system and shall keep issuing timely notices/ reminders to applicants and notification to MC officials; creation of additional posts of enforcement staff like building inspectors, municipal engineers, architects and urban planner, will get sanctioned from the government on the basis of population of municipality/ urban area that is:

i. For Every 20,000 population - 1 Building inspector and 1 Municipal Engineer.
ii. For every 50,000 population - 1 Assistant Architect, 1 Assistant Town Planner, 1-SDE.
iii. For Every 1,00,000 Population - 1 Architect, 1 Deputy Town Planner, 1 Executive Engineer.
iv. For every 3,00,000 Population - 1 Senior Architect, 1 Chief Town Planner, 1 Senior Town Planner, 1 Chief Engineer and 1 Superintending Engineer.
v. Similarly other posts shall be categorized.

The concept regarding regularization of illegal conversion from residential to commercial in the area of municipal towns in Part-B included that the policy will permit conversion only if the applicant applies with written request along with applicable scrutiny fee, conversion charges, and any other charges specified by the Council of Ministers.

The conversion of plots is permitted only if the said plot has not been subdivided from original size or being used for multiple purposes that is residential, commercial and institutional. All such applications will be submitted only on online system developed by the department vide which data of such conversions will be kept in record. 

This record will help municipalities to know the extent of conversions in a given locality, vide which the extent of up-gradation of infrastructure required will be assessed and converting existing spaces (such as park in residential area) into underground parking areas with parks over it, plazas and other required spaces needed for commercial establishment (only if more than 60 per cent of plots get converted in commercial).

Responsibility of municipality:

The municipality will conduct survey of all planned schemes within core areas with reference to total number of illegally converted buildings/ plots to know the extent of conversion in planned scheme and based on the generated data, shall permit conversion and will get the generated data on online system. Based on that it shall issue notice via the system to all concerned who have illegally converted their buildings/ plots either to get it regularized or restore them to original use.

All such planned scheme where more than 60 per cent of plots stand commercially converted, the municipality will re-design common spaces like parks/ community centres/ commercial plots, etc. into underground parking lots to provide for additional parking requirement, central plazas at top along with green breathable spaces.

The municipality will also conduct survey to identify commercial establishments along roads with width less than 9 metres to 6 metres and issue notices via system to all owners of illegally converted plots/ buildings.
Since for permitting commercial conversion on roads between 9 and 6 metres width, the roads shall require to be declared as non-vehicle zone, the municipal committee shall declare such road as non-vehicle street under relevant provision of Municipal Acts.

The municipality will ensure that all such declared roads will have all entries and exits sealed for all kinds of motor vehicles (including two-wheelers) by placing concrete columns/ block of height 500 mms and width 150 mms and at placing of 600 mm clear distance from each other. 

Such street shall have dedicated pedestrian lane of minimum 2-metre width, 1-metre wide of jogging track, green space for installing trees/ plantation and rest for cyclist movement. Such blocks may be removable at night time to park cars from 9 pm to 6 am.

The municipality will identify spaces (both private/ public) nearby the streets to be declared as non-vehicle streets for converting such spaces as parking lots or breathable spaces like park or water bodies, as per requirement of locality. The municipality will acquire 1.5-metre width of land (in case of planned scheme) and 1 metre for rest of the core areas in lieu of additional Floor Area Ratio to owners for the purpose of decongesting the core areas and to lay additional required services. 

 

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