GOVERNMENT OF PUNJAB
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HOUSING II BRANCH)
NOTIFICATION
The 21% August 2013
No.12/2/13-5HG2/3052 Whereas the Government of Punjab in order to bring
unauthorized colonies under the umbrella of planning framework and to provide basic
facilities to the residents of these colonies had notified a policy vide notification No.
12/2/2013- 5HG2/ 2245 dated 26.06.2013 for compounding of offences for creation of
unauthorized colonies and regularization of plots/ buildings falling within these
colonies.
Whereas while implementing this policy, the individual plot owners,
Colonizers and Punjab Colonizers’ Association raised various issues pertaining to
implementation of the policy and charges prescribed for regularization of plots and
compounding of offences.
Whereas Government of Punjab had constituted a Committee comprising
of Sh. Bikramjit Singh Majithia, Hon’ble Revenue Minister; Sh. Sharanjit Singh
Dhillon, Hon’ble Minister PWD; Sh. Anil Joshi, Hon’ble Minister Industries and
Commerce and Sh. Som Parkash Hon’ble Chief Parliamentary Secretary, Local
Government to review the policy in view of the issues so raised. The matter was
deliberated by this Committee in the larger public interest and decided to reframe this
policy so as to make it simple and understandable.
Therefore, the Governor of Punjab is pleased to notify this new policy for
compounding/ regularization of unauthorized colonies and plots/ buildings falling in
these colonies in the State of Punjab framed under the provisions of The Punjab Laws
(special provisions) Act 2013. This notification will supersede the previous notification
no. 12/2/2013-5Hg2/2245 dated 26-06-2013:-
Page # 2
- Background
The Government of Punjab vide it’s Notification No.GSR. 41/PA 14/1995/Ss 38 & 45/
Amd. (2)/ 2010 dated 09-12-2010 had amended the Punjab Apartment and Property
Regulation Rules 1995 to incorporate the relevant provisions for compounding of the
offences in the rules. Accordingly in Rule 31 (3) some conditions were laid down for
compounding of the offences of unauthorized colonies to fulfill certain conditions so as
to make an offence under the Punjab Apartment and Property Regulation Act, 1995
eligible for compounding. During the last two decades numerous unauthorized colonies
have come up in the State of Punjab but as per the provisions incorporated in the Rules
as stated above, only a few Colonizers actually opted for getting the offences
compounded. The study on the ground has brought out that most of the colonies do not
fulfill the provisions as laid down under Rule 31(3) (b), (c), (d) & (e). These
amendments under the Rules have not been able to meet the desired results.
The problem being faced by the State and people living in these colonies is that they
have not been provided with basic amenities like water supply, sewerage and adequate
roads etc. Compounding of offence of developing unauthorized colony is one aspect of
the problem while the other aspect is to make provisions of basic facilities and
amenities to the inhabitants of their colonies who have built their houses in these
colonies or have purchased land/plots for housing purposes. The policy should be strict
with the Colonizers who have violated the provisions of the Act/ Rules but some need
based provisions are required to be made for the innocent general public who
knowingly or unknowingly has fallen into the trap of owning plots/ houses in their
unauthorized colonies. It is the basic duty of the Government to provide minimum
essential amenities to each and every citizen of the State.
The detailed survey conducted a few years back to identify unauthorized colonies in the
State, identified 5340 colonies which have come up on about 20600 acres of land in
various cities and towns. Now as per rough estimates the number of colonies has grown
to about 10,000 involving approximately 40,000 acres. Besides this, a number of
scattered buildings of different categories have also come up without approval in
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Page # 3
different parts of the State of Punjab. Such sub-standard development of buildings and
unauthorized sub-divisions of land into plots is not only defeating the very objective of
planned development but also affecting the planned extension of services and amenities
by the Authorities.
Therefore, in order to bring all these unplanned areas into the fold of planned
development and to provide basic amenities and to ensure better quality of life to the
public, it would be appropriate and desirable to formulate a policy under the provisions
of The Punjab Laws (Special Provisions) Act, 2013 by which the violators of
unauthorized colonies can be punished by imposing suitable charges/ fee in order to
compound their offences and for those individuals who have fallen into the trap of
unscrupulous Colonizers should be provided basic amenities at a cost so fixed.
Stringent provisions to be made for future:
The present legal provisions provide, on conviction, punishment with imprisonment for
a term which may extend to three years, or with fine which may extend to ten thousand
rupees or both for establishment of unauthorized colonies. But for future, to have strict
control on the development of unauthorized colonies and building activity the stringent
legal provisions are being made which provide seven years imprisonment and with a
fine which may extend to Rupees five lakhs on conviction of the Colonizer of an
unauthorized colony. Under the proposed provisions, unauthorized buildings in an
unauthorized colony shall not be sanctioned water supply, sewer or electric connection,
no Registrar or Sub-Registrar shall register their sale deed or any other document
regarding the sale of that plot or building besides the building shall be liable for
demolition.
Keeping, this in view the following policy for one time regularization of these
unauthorized colonies, developments and building activities is formulated hereunder.
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- Definitions
“Unauthorized Colony” means a colony which has been developed in contravention of
the provisions of the Punjab A partment and Property Regulation Act,1995 and the rules
framed theirunder.
“Competent Authority” means Chief administrator of the concerned Special
Development Authority in case of areas falling outside municipal limits, Commissioner
Municipal Corporation in case of areas falling within municipal corporation limits and
Regional Deputy Director Local Government if the area falls within the municipal
limits of Municipal/Nagar Councils.
“Developer” means a person who has developed an unauthorized colony and shall
include the owner of the land or the person who entered into an agreement to develop or
Power of Attorney holder who has got the registered sale deed/ agreement executed on
behalf of the land owner, or any other person who was associated with the sale of land
in contravention of PAPRA or development of unauthorized colony.
“Plot Holder” means a person in whose name the plot is registered with a registered
sale deed prior to the 1.4.2013.
“Unauthorized Building” means the buildings constructed in violation of the Punjab
Regional and Town Planning and Development Act, 1995, the Punjab Apartment and
Property Regulation Act, 1995, the Punjab Municipal Corporation Act, 1976, the
Factories Act, 1948, the Punjab Town Improvement Act, 1922, the Punjab Municipal
Act, 1911.
“Public building’’ means a building used or constructed or adapted to be used either
ordinarily or occasionally as a place open to general public and it includes a hospital,
college, school, theatre, public concert room, public lecture room, public exhibition hall
or as a public place of assembly or entertainment for persons admitted there to by
tickets or otherwise, or used or constructed or adapted to be used either ordinarily or
occasionally for any similar public purposes;
“High rise Building”, all buildings 15 m or above in height shall be considered as high
rise buildings;
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The terms and expressions which are not defined in this policy shall have the same
meaning as in the respective Acts/ Rules/ Regulations/ Byelaws of the respective
Authorities unless the context otherwise requires.
- Applicability of policy
This policy shall be applicable from the date of notification to 16-04-2014 in the entire
State of Punjab except areas covered under Punjab New Capital ( Periphery) Control
Act,1952.
A. Un-authorized C olonies
B. —_Un-authorized constructions/ buildings in unauthorized colonies
This policy shall not be applicable to the unauthorized Marriage Palaces for which the
Government has already notified a separate policy.
- Objectives
The objectives of this policy are:
a) To bring all un-authorized colonies/ buildings into planning framework and to
regularize the development.
=
To facilitate the implementation of Master Plan’s land uses.
aQ
wa
To improve the circulation pattern of streets / roads.
&
To provide basic amenities residents/ plot holders of these area.
)
YS
To make provisions to compound offences made under the Punjab Regional and
Town Planning and Development Act 1995, the Punjab Apartment and Property
Regulation Act 1995, the Punjab Municipal Corporation Act 1976, the Factories Act
1948, the Punjab Town Improvement Act 1922, the Punjab Municipal Act 1911.
- Cut-off date for Reqularization of Unauthorized C olonies/ Buildings
Only those unapproved colonies or buildings constructed before 01.04.2013 shall be
considered under this policy.
Page # 6
6.
Restrictions on approval in certain areas
No un-authorized colony/ building in unauthorized colonies shall be regularized in
the following situations:-
i)
ii)
iii)
iv)
v)
1
Over land belonging to State/ Central Government/ Public Undertakings/
Panchayat Lands/ Shamlat Lands/ Jumla Mushtarka Malkaan/ Waqf Board/
Land under PLPA etc.
Restricted areas under Works of Defense Act, 1903, the Ancient Monuments
and Archaeological Sites and Remains Act, 1958, the Punjab new Capital
(periphery) Control Act, 1952 or any other Act prohibiting the development of
colonies/ buildings in a particular area.
Within the restricted zone near the A irport.
Within the restricted zone along Scheduled Roads.
In case of sites in the vicinity of oil/ gas pipelines, clear distance and other
stipulations of the respective authority shall be complied with.
Buildings/ constructions on the open spaces earmarked in any approved layout
shall not be considered for regularization.
Compulsory application for Regularization
It shall be compulsory for all developers of un-authorized colonies/ owners of plots/
buildings in such areas to file an application in the prescribed format by the department
for compounding/ regularization of layout/ plots/ buildings before the Competent
Authority within 45 days from the date of notification of this policy or as per the
time frame fixed by the Department of Housing and Urban Development.
A. Un-authorized Colonies
On the basis of survey, unauthorized colonies can be categorized into following
groups:-
i)
ii)
iii)
Where more than 65% area is sold
Where area between 35% to 65% is sold
Where area less than 35% is sold
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Page # 7
i)
Where more than 65% area is sold:
In such colonies as per the rules of PAPRA, a minimum of 35% area is
supposed to be utilized in roads, open spaces and in providing basic
amenities. In these colonies this condition of rules may not be fulfilled in to-
to, but there may be space available for provision of basic amenities. In this
category the regularization shall be guided by the following parameters:
e In this category of colonies although the most of the area is already
developed and built up but still there may be some scope for widening
of the roads/ streets, space for parks, water works etc. The developer
shall be required where ever possible to provide space for widening of
the roads/ streets, parks, water works, sewerage treatment plant etc.
However, these colonies shall be regularized keeping in view the
present site conditions provided that each road/ street of the colony
shall be wide enough to permit the free movement of fire tender/
ambulance.
e The charges for regularization of unauthorized colonies shall be of
two-fold:
i) The developer of the colony shall be bound to pay Composition fee
as fixed by the government under this policy for getting the offense
compounded.
ii) Regularization Charges as fixed under this policy shall be paid by
the plot holders in the colony for getting his plot/ construction
regularized.
e The concerned local authority only after regularization of the colony
or regularization of about 70% of the plots/ buildings may provide
basic amenities like water supply/ sewerage etc to the residents of
these colonies depending on the funds generation and availability.
ii) Where area between 35 — 65% is sold:
In such colonies area between 35-65% has been sold and the roads and
the basic amenities have not come up to the norms laid down in the
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Page # 8
provisions of the law but the area is available which can be utilized for
providing minimum required infrastructure viz; roads, parks and other
amenities.
In this category the regularization shall be guided by the following parameters:
In this category of colonies although all the norms required under
PAPR Act,1995 may not be possible to be fulfilled but there is a scope
to provide minimum infrastructure viz; widening of roads, space for
parks, water works, sewerage treatment plant and other social
infrastructure. The regularization shall be governed by following
parameters:
35% area will be utilized for provision of parks/ open spaces, basic
amenities, roads etc. The unsold plots in such colonies shall be utilized
for the provision of these services.
The Competent Authority wherever possible shall require the
applicant to widen the streets/ roads upto the extent possible.
However, such street/ road should be wide enough to allow the
movement of fire tender/ ambulance.
The charges for regularization of unauthorized colonies shall be of
two-fold:
i) The developer of the colony shall be bound to pay Composition fee
as fixed by the government under this policy for getting the offense
compounded.
Provided that besides the promoter/ colonizer, the Resident’s
Welfare Association or the individual plot holders may also deposit the
composition fee for the regularization of unauthorized colony and in that
eventuality, proceedings with regard to criminal complaint made to the
police or pending in the competent Court of Law, if any, shall be got
suspended or withdrawn, as the case may be, by the Competent Authority
upon deposit of requisite amount of Composition fee.
Page # 9
ii) Regularization Charges as fixed under this policy shall be paid by
the plot holders in the colony for getting his plot/ construction
regularized.
e The concerned local authority only after regularization of the colony
or regularization of about 70% of the plots / buildings may provide
basic amenities like water supply/ sewerage etc to the residents of
these colonies depending on the funds generation and availability.
iii) | Where area less than 35% is sold:
In this category of colonies most of the area is available for re-planning. So in
order to bring these colonies at par to the norms as laid down under the present A ct/
Rules/ Instructions, the area that remains to be sold shall be got demarcated and frozen
for widening of the roads/ streets, space for parks, water works etc for these facilities.
The promoter will have to get a license under the provisions of PAPRA, 1995 and a
revised layout plan has to be approved by the competent authority keeping in view the
present norms applicable to colonies.
e The developer shall be responsible to complete all the required
internal development works in such colony and shall maintain these
service as per conditions of license.
e Developer shall be bound to pay Composition fee for getting the
offense compounded and CLU, EDC, LF/ PF, SIF etc at the prevalent
rates as fixed by the Government.
A.1 Composition Fee for Regularization of Unauthorized C olonies
Composition Fee for each category of unauthorized Residential colonies upto 20 acres
contiguous chunk of land shall be as given below:
Year of Establishment | % age of Collector Remarks
of unauthorized colony | Rate as on 01.04.2013
Before 17.08.2007 0.5 Subject to minimum of Rs. 25000/- and
maximum of Rs. 1,00,000/- per acre
After 17.08.2007 2.0 Subject to minimum of Rs. 1,00,000/- and
maximum of Rs. 5,00,000/- per acre
Note:
e Composition Fee for each category of unauthorized colonies above 20 acres contiguous chunk of land
shall be 0.5% of Collector rate (as on 01.04.2013) for colonies established before 2007 and 5% of the
collector rate for colonies established after 2007.
Page # 10
Composition fee for industrial colonies shall be 50% of the composition fee and of maximum and
minimum caps as given in the above table.
The composition fee for commercial colonies shall be three time of the composition fee as given in the
above table. This fee shall be charged on proportionate basis for each type of colony. There will be neither
maximum nor minimum cap of composition fee in this case.
The sale of more than 50% of total number of plots or more than 50% of the area shall be the basis for
determining the time period of establishment of an unauthorized colony. The sale of plot may be in the shape
of registered sale deed or full and final payment agreement on stamp paper signed before 31.03.2013.
In case of Category A .iii (where less than 35% is sold) colonies, the composition fee at the rate of 10% of the
total Composition fee as prescribed in the above table shall be charged from the developer, at the time of
submission of application for the grant of license. This concession is given as the developer in this case will
have to pay CLU, EDC, LF/ PF and SIF etc at the present rates.
A.2 General Conditions:
i) This policy shall provide one time settlement to unauthorized colonies in the
State of Punjab and no unauthorized colony or construction shall be
regularized which has come up on or after 1* A pril 2013.
ii) These colonies shall be regularized in all land use zones of the Master Plans.
However, no new/ addition in the area of the existing colony shall be allowed if
such colony falls within a zone of Master Plan in which the residential use is not
permissible.
iii) | The charges received from the developers/ plot holders shall be deposited in the
following manner:
a) 10% of the total composition fee realized from regularization of colonies
both within Municipal limits and outside municipal limits shall be
deposited in government treasury along with the application, 15 %
within one month of submission of application and the remaining 75%
shall be deposited in the goverment treasury in three equal six —
monthly instalments along with an interest @ 12% per annum.
b) Out of total proceeds of Composition fee, 1% will be deposited as
Cancer Cess and 1% will be deposited for Culture Cess.
c) A rebate of 5% shall be allowed, if the total Composition fee is paid
in lump sum at the time of submission of application.
iv) Incase of Category I and II, the layout plan submitted by the developer shall
be approved as it is provided that the street width is adequate to permit the
free movement of fire tender/ ambulance. However, wherever possible, the
developer shall be asked to provide space for road/ street widening, park(s),
water works etc. But in case of Category III colonies the promoter has to
amend the layout plan as per guidelines.
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v)
vi)
vii)
viii)
ix)
x)
The Competent Authority may relax any of the conditions, if it is satisfied
that it is not possible for the developer to provide any of the requirements or
any of the facility exists in the vicinity of such colony by passing a speaking
order.
For the colonies within MC Limits, MC shall be responsible for
regularization and for providing basic amenities and outside MC limits;
concemed Development Authorities shall be responsible for the same subject
to the availability of funds.
In case developer of an unauthorized colony or the plot holder, as the case
may be, fails to pay the Composition/ Regularization Fee etc as fixed by the
Government under this policy, then the amount shall be recoverable as
Arrears of the Land Revenue.
Any area under green spaces, revenue rastas/ roads etc shall vest with Local
Authority or the Development Authority as the case may be. Necessary
notification will be issued under relevant provisions of the relevant Acts in
this regard by the Competent Authority.
The applicant shall submit the application along with the bank draft of
requisite charges/ Fee.
The compounding of building plans shall be independent from the
regularization of colony or composition fee paid by the developer.
A.3 Procedure of Compounding an Unauthorized C olony
a) Submission of application:
The applicant will apply for compounding of the offence as per Performa to be
prescribed by the Department to the Competent Authority along with the following
documents:
b) List of Documents:
i. Proof of ownership viz., Registered Sale Deed, full and final payment
agreement/ agreement to sell on stamp paper, Power of Attorney to sell, Fard
Jamabandi of the time when such a colony was sold / developed and the present
jamabandi.
ii. Location Plan of the colony along with Khasra plan of the area.
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Page # 12
ili.
co
o
iv.
vi.
vii.
viii.
ix.
C)
Self Certificate by the applicant stating that the site of the colony does not
violate any of the clauses as mentioned at para 6 of this policy.
Existing fully dimensioned Layout Plan showing detail of plots sold, under
agreement to sell, unsold, built up/vacant plots, road circulation with width,
space left for parks, public amenities, if any and duly signed by the A pplicant.
Service Plan of the Colony, if any.
Details of the development works carried out in the colony, if any.
The promoter shall give an undertaking to pay Composition Fee in case of
category A(i) and (ii) colonies and in case of category A (iii) the promoter shall
also undertake to pay CLU, EDC, LF/ PF, SIF or any other charges levied under
this policy at present rates along with Composition fee fixed under this policy.
Minimum 10% of composition fee shall be deposited along with the application
and 15% of Composition F ee shall be paid within a period of 30 days from the
date of application. The rest amount shall be payable as per para A.2 (iii) (a).
Any other document if required
Scrutiny by the Competent A uthority:
The Competent Authority after verifying the ownership and other required
documents within 30days or as prescribed by the department will come up with
the proposed amendments in layout plan, if any and will identify area for park(s),
improvement of connectivity to the colony if required, space for public services
as per policy.
Thereafter, the Competent Authority will seek the comments/ consent of
applicant within 10 days and raise demand for payment of charges.
After receiving the consent and requisite charges, the Competent Authority will
approve the layout plan and upload it on website and copies of the same shall be
sent to the concerned Sub-Registrar and District Town Planner. The legal
proceedings, if any, will be got suspended after receipt of application from the
promoter along-with 25% of charges. The promoter will give an undertaking to
the Competent Authority regarding the payment of balance amount as per
schedule to get his offense compounded. The Competent Authority will inform
the concerned police station or the competent Court of law, as the case may be to
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Page # 13
suspend the legal proceedings against the applicant. The legal proceedings may
only be dropped after the final order for compounding of the offense committed
under PA PRA is passed by the Competent Authority.
Note: –
e For category I and II colonies the competent authority shall issue the regularization certificate to
the developer after the fulfillment of conditions as laid down in this policy but in case of category
A iii colony the competent authority shall grant license after compliance of present conditions of
the license under PAPRA, 1995.
e Technical advice for layout plans/ CLU approval for all sized unauthorized colonies falling
outside MC limits, covered under this policy shall be rendered at the level of concerned Senior
Town Planner of the Directorate of Town and Country Planning, Punjab. For colonies falling
within MC limits the necessary technical advice/ CLU approval shall be as decided by the
Department of Local Government, Punjab.
B. Regularization of plots/ buildings in an unauthorized colonies
In unauthorized colonies a number of plots are sold out and many of the plot
holders may have constructed buildings. Majority of such colonies are without
pucca road network and are devoid of other basic amenities like water supply,
sewerage network and electricity etc. The burden of providing all these amenities
shall lie on the concerned local authority/ development authority as the case may
be. To share this burden the plot holders/ building owners shall have to pay the
regularization charges. These charges shall be independent of the composition fee
to be charged from the developer of the unauthorized colony:
Regularization charges in case of residential plots/ buildings in unauthorized colonies
developed before and after 17/08/2007:-
Collector Regularization Fee for residential plots per sq yd in rupees Regularization Fee for residential plots per sq
Rates Before 2007 yd in rupees
Rs/ sq yd Note: Mid values i.e., 25, 75, 200, 400 and 500 sq yd are After 2007
taken as an example for calculation purpose Note: Mid values i.e., 25, 75, 200, 400 and 500
sg yd are taken as an example for calculation
purpose
0-50 Above Above 250 to < 500 sq 0- | Above | Above | 250 to 500 sq
sqyds | 50-100sq | 100to< 500 sq yds & 50 | 50-100 | 100 to <500 yds &
yds 250 sq yds above sq | sqyds | <250 | sqyds above
yds yds sg yds
25 sq 75 sq yds 200 sq 400 sq 500 sq | 25 75sq | 200sq | 400 sq 500 sq
yds yds yds yds sq yds yds yds yds
yds
More than Nil 50 100 150 250 Nil 100 200 300 500
8000/-
Nil 3750 20000 60000. 125000 | Nil | 7500 | 40000 | 120000 | 250000
2000/- to Nil 25 50 75 125 Nil 50 100 150 250
8000/-
Nil 1875 10000 30000 62500 | Nil | 3750 | 20000 | 60000 | 125000
Below 2000/- Nil Free 25 35 70 Nil | Free 50 75 125
Nil Free 5000 14000 35000 | Nil | Free 10000 | 30000 62500
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Regularization charges in case of commercial plots/ buildings in unauthorized colonies
developed before and after 17/08/2007:-
Collector Rates Regularization Fee for commercial plots per sq yd in | Regularization Fee for commercial plots per sq
Rs/ sq yd rupees yd in rupees
Before 2007 After 2007
Note: Mid values i.e., 12.50, 37, 75 and 100 sq yd are | Note: Mid values i.e., 12.50, 37, 75 and 100 sq
taken as an example for calculation purpose yd are taken as an example for calculation
purpose
Upto 25 sq yds Above | Above | 100and | Upto 25 sq Above Above | 100 and
25-49 sq | 50-99 above yds 25-49 sq | 50-99 above
yds sg yds yds sq yds
12.50 yds 37yds | 75yds | 100 yds 12.50 yds 37 yds 75 yds | 100 yds
More than 5000/- 150 300 450 625 300 600 900 1250
1875 11100 | 33750 62500 3750 22200 67500 | 125000
2500/–5000/- 140 200 350 475 275 400 700 950
1750 7400 26250 | 47500 3437 14800 52500 95000
less than 2500 Free 30 45 65 Free 60 90 125
Free 1110 Baio 6500 Free 2220 6750 12500
Note:
e The industrial plots/ buildings shall be charged at half the rates as fixed for residential plot/ buildings in the
above table and institutional plot/ buildings shall be charged at par with residential plots/ buildings.
e The plot size as mentioned in the registered sale deed or full and final payment agreement on stamp paper
shall be considered for
owner, i.e., the rates wil
agreement, rather this cal
evying regularization charges even if the plots is owned jointly by more than one
not be calculated according to the share of the co-owners in registered sale deed or
culation will be done on area transaction involved in the sale deed/ agreement.
The composition fee/ regularization charges on buildings shall be charged proportionately to the use of the
building, i.e., as per the percentage of area used for residential, commercial, institutional use shall be
charged accordingly.
In addition to regularization charges for plots the composition fee on unauthorized buildings shall be charged
as under:
i) Residential Rs 12.50/- per sq ft of covered area
ii) Other buildings Rs 25.00/- per sq ft of covered area
Regularization charges and composition fee on buildings only shall be retained by the Department of Local
Government, Punjab, if the site falls within municipal limits and by the concerned Development Authority, if
the site falls outside MC
limits.
In case of illegal colonies, where building plans have already been approved by the Competent Authority or
where NOC has been iss’
the above tables shall no
ued after receiving EDC/ SIF in that case, the regularization charges as mentioned in
be charged.
itions
B.1 General Cond
i)
ii)
The individual
plot/ building in an unauthorized colony will be regularized on
application by the owner of the plot/ building by receiving regularization charges
only, even if the offense of the colonizer has not been compounded so far.
a) Residential buildings upto 750 sq yd plot area:- In case of residential
buildings having less than 750 sqyd plot area, the applicant shall submit an
application along with self attested building plan of the existing building anda
self certificate regarding structure safety of the building or site plan of the plot,
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Page # 15
iii)
as the case may be. The applicant shall also certify that the building is
constructed before 01.04.2013.
b) Residential buildings above 750 sqyd plot area and other buildings:- The
applicant shall submit an application along with a building plan of existing
building prepared and duly signed by a qualified architect or site plan of the plot,
as the case may be. The applicant shall also submit structural safety certificate.
In this case the architect shall also certify that the building is constructed before
01-04-2013.
Regularization Charges shall be paid by the plot holders/ building owners as
given below:
a) 25% of the total regularization charges shall be deposited with concerned
local body/ development authority, as the case may be, along with 5% as
Social Infrastructure Fund which will be deposited with Chief
Administrator, PUDA, Mohali by the applicant along with application.
The balance 70% charges shall be deposited in three equal six — monthly
instalments along with an interest @ 12% per annum with the concerned
local body/ authority.
b) Out of total proceeds of regularization charges 1% will be deposited as
Cancer Cess and 1% will be deposited for Culture Cess.
c) A rebate of 5% shall be allowed, if the total regularization charges are
paid in lump sum along with the application.
iv) The regularization charges will be used only for internal and external
v)
vi)
development of the colonies as far as possible. Preference will be given to water
supply, sewerage and widening of roads, in these colonies. Some of the funds
will be used for general urban development of the areas also.
The existing buildings shall be approved on as is where is basis subject to the
condition that they do not violate the conditions as mentioned in para 6 of this
policy. However, new construction in a vacant plot or any addition to the
existing building shall be approved as per present building rules.
In case of public buildings, public safety, security and public conveniences and
parking shall not be compromised for regularizing such buildings. The owner
15,
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i)
vii)
B.2
shall have to make such structural changes in the building, if required within a
period of six months from the date of approval and also submit mandatory
clearances from other departments, if required in this period. In case he fails to
fulfill, any of the conditions within this period, the approval granted to him shall
deem to be cancelled and the owner of the building shall be proceeded against as
per provisions of the law.
In case of un-authorized buildings/ plots for which the owner does not submit the
application to the Competent Authority within the prescribed period, the legal
proceedings shall be initiated against owners of such buildings.
Procedure for compounding unauthorized plots/ buildings in unauthorized
colonies
Submission of application:
The application for regularization of un-authorized plot/ buildings may be
submitted as per Performa prescribed by the department to the Competent
Authority by the owner of the building along with the following documents:
Proof of ownership viz., Registered Sale Deed/ Fard Jamabandi, full and final
payment agreement to sell on stamp paper, Power of Attorney to sell as the case
may be.
Location Plan of the site showing the detail of surrounding area
i) In case of residential building upto 750 sqyd plot area:- A fully
dimensioned plan of the plot/ building showing detail of plot area/ constructed
area on all floors (in case of building) along with service plan of the building
duly prepared and signed by the owner along with a self certificate of structure
safety.
ii) In case of residential building for more than 750 sqyd plot area and
other buildings: – The above mentioned documents shall be duly signed by
a qualified architect and the owner.
Self Certificate by the applicant stating that the site of the plot/ building does not
violate any of the clauses as mentioned at para 6 of this policy.
In case of high rise buildings, the clearance from Airport A uthority of India shall
be mandatory, if the building falls in the air funnel of the Airport/ Air Force
Station.
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f) Undertaking from the owner to pay Regularization Charges or any other charges
levied under this policy.
g) Minimum 25% of regularization charges and 5% as Social Infrastructure Fund
shall be deposited along with the application.
h) Any other document, if required
iii) Scrutiny of A pplication:
e The Competent Authority shall scrutinize the plot/ building application
within a period of 30 days from the date of application and convey to the
applicant the demand notice along with observations, if any. The Competent
Authority will also ascertain that the plot/ building being regularized does not
fall under any category of land as mentioned at para 6 of this policy.
e The applicant shall deposit the required charges along with modified building
plans, if required (in case of a building) within a period of 15 days. The
Competent Authority shall approve the plot/ building plans within 15 days
from the receipt of charges and complete documents, if satisfied. The legal
proceedings, if any, will be withdrawn only after the receipt of final payment
of total charges.
- Consequences for non submission of application for reqularization of
unauthorized C olonies/ plots/ buildings
In case an application is not submitted by the concerned Promoter/ Developer/ Plot
holder/ building owner as the case may be, within the stipulated time for regularization
of un-authorized colony/ plot/ building, the following consequences may follow:-
a) Such Colony/ plot/building shall remain as unauthorized and offense shall
be treated as continuing against the promoter/ developer/ plot holder/
building owner as the case may be and penal action which includes
lodging of FIR will be initiated under the provisions of PAPR Act, 1995.
b) No connection for water supply and allied services like sewerage,
drainage, electricity etc shall be provided to such colony/ plot/ building.
C) Such unauthorized colony/ plot/ building shall be reported to the
concemed Registration Authority of the Revenue Department and no sale
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transaction or transfer or disposal of any kind shall be allowed in such
unauthorized colonies.
d) No building plan shall be approved by the Building Plan Sanctioning
Authority in such unauthorized colonies.
e) Other enforcement action including demolition of the unapproved
building, if any on such plots shall be initiated.
- Amount levied to be kept in a separate account
The amount collected by the Competent Authority under this policy shall be kept and
maintained under its control in a separate account and utilized mainly for improvement
of amenities in such area. The Competent Authority shall review the development
works undertaken by the local authority relating to such un-approved layouts on a
quarterly basis and shall have the power to issue necessary instructions and directions in
this regard.
- Committee for identification of un-authorized developers:
The Developer of an unauthorized colony shall be allowed self – certification of
layout plan, service plans, revenue/ ownership documents etc of his colony but where
the developer of such colony does not come forward for regularization of his offence
within 45 days from the date of notification of this policy, the following Committees
shall identify within three months from the expiry of 45 days’ time, the person(s) who
are/ were responsible to develop such illegal colony after making due investigation,
scrutiny of relevant record and summoning of persons involved in the development of
such colony. The committee shall submit its finding report to the Competent Authority.
The colonizer of an unauthorized colony who has not applied within a stipulated period
of 45 days for regularization of his colony but applies after identification by the
committee within a period of 3 months from the expiry of 45 days (time given to submit
application), then he will be charged 10% extra of composition fee as penalty beyond
which the Competent Authority shall get the FIR registered or take necessary action
under relevant A cts.
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For colonies falling within municipal limits: –
- Joint /Additional Commissioner (Corp. cities)/ Chairman
Regional Deputy Director (LG) (Other towns) - Sub Divisional Magistrate (concerned) Member
- Executive Officer (concerned) Member
4, Municipal Town Planner/ Municipal Engineer Member
For colonies falling outside municipal limits: –
- Additional Chief Administrator of the
Concemed A uthority Chairman
- Sub Divisional Magistrate (concerned) Member
- District Town Planner Member
4, S.E. of the Concerned Authority Member - Appeal
i) Any applicant aggrieved by an order passed by the Competent Authority may
prefer an appeal to the Appellate Authority constituted by the Government within
thirty days from the receipt of the order provided the applicant has paid the
necessary charges and submitted documents as specified in this policy.
Application form for regularization of colonies and plots/ buildings for applicants and
certificate form for compounding of colonies and regularization of plots/ buildings to be
issued by the Competent Authority shall b e prepared and circulated by the Department
of Housing and Urban Development separately.
A Venu Prasad, IAS
Dated, Chandigarh the Secretary to Government of Punjab,
20-08-2013 Department of Housing & Urban Development
Endst. No.12/2/2013-5HG 2/3053 Dated, Chandigarh, the:21* A ug.,2013
A copy with a spare copy is forwarded to the Controller, Printing &
Stationery, Punjab, SAS Nagar with a request to publish this notification in the Punjab
Govt. Gazette (Extra Ordinary) and 100 copies thereof may be supplied to this
Department for official use.
Special Secretary
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Endst. No. 12/2/2013-5HG 2/3054-71 Dated, Chandigarh, the:21* Aug., 2013
WNP
oO NM Oe
A copy is forwarded to the following for information and necessary action:-
Financial Commissioner, Revenue, Punjab.
Principal Secretary, Industry and Commerce, Punjab.
Principal Secretary to the Deputy Chief Minister, Punjab for kind information of
the Hon’ble Deputy Chief Minister, Punjab – Cum- Minister Housing and Urban
Development Department .
Secretary, Local Government, Punjab.
Chief Administrator, PUDA, Mohali.
Chief Administrator, GMADA, Mohali.
Chief Administrator, PDA, Patiala.
Chief Administrator, BDA, Bathinda.
Chief Administrator, GLADA, Ludhiana.
- Chief Administrator, JDA, Jalandhar.
- Chief Administrator, ADA, Amritsar.
- Director, Town and Country Planning, Punjab, SAS Nagar.
- Director, Local Government, Punjab, Chandigarh
- Chief Town Planner, Punjab, Mohali.
- Managing Director, Punjab Infotech, Chandigarh.
- Incharge, IWDMS, Chandigarh.
- Superintendent, Cabinet Affairs Branch, Main Sectt. Chandigarh.
- Chief Nodal Officer, Nodal office, PUDA, SAS Nagar.
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