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Annexure – ‘A’

GMADA
GMADA Bhawan, Sector – 62, SAS Nagar (Mohali)

From

Chief Administrator,
GMADA,
SAS Nagar (Mohali).

 
  To  
   

No. GMADA/ACA(Pr.)/2006/                 

Dated :  
  Subject :-

Letter of Intent for the Grant of Special Package of Incentives under Industrial Policy 2003, (Infrastructure including those in Housing and Urban Development) to :

 
    Promoter/Developer :    
    Project :     
    Location :    
    Area :    
    Investment Scale :    
 

Please refer to your application No. nil dated nil for grant of special package of incentives for setting up of --------------------- project on ------------------------ with an investment of over ----------------

 
The proposal was considered by the Empowered Committee on Mega Projects constituted under Industrial Policy 2003, under the Chairmanship of Hon’ble Chief Minister, Punjab in its meeting held on ---------------.  It was decided to grant following concessions to the subject-cited project:
  (i)

The promoter would submit copies of the sale deeds of at least 50% of the total land under the project within a period of 6 months of the signing of the legal agreement.  The agreement of sale with the landowner in respect of remaining 40% of the total land shall also be submitted by the promoter Promoter/Developer, along with details of the 10% (maximum) area, which is required to be compulsorily acquired by the State Government at the cost of the Developer.

 
  (ii) The land use change shall be allowed by the Housing & Urban Development Department, within 30 days as per applicable master plan, rules, regulations, & laws etc.  However, this shall be subsequent to deposit of change of land use conversion charges at the stipulated rates in lump sum.  
  (iii) The project shall be exempted from operation of PAPR Act, 1995.  However, you will have to comply with the following provisions of the law :-  
   
  • You will have to pay external development charges in accordance with the PAPR Act, 1995/ Periphery Policy etc. whichever is applicable.
  • The Layout and Zoning Plan shall be got approved from the Competent Authority under PAPR Act, 1995.  In case the project falls within any Municipal area, relevant Municipal Laws and Building Rules shall be applicable, whereas in the remaining area GMADA Building Rules, 1996 shall be applicable.  However, all such clearances shall be given by the Competent Authority within 30 days.
  • The Competent Authority, PAPR Act, 1995 shall issue the final sanction of the layout plan only after the first installment in respect of EDC has been deposited.  For remaining portion of the EDC, the promoter shall have the option of paying the same in lump sum or of submitting a bank guarantee or hypothecating property (Plots) of equivalent value.
 
  (iv)

The relevant Building Bye Laws/Regulations as laid down in Clause iii(B) above, of the area shall be applicable except for :-

 
   
  • FAR, which shall be 1.5 for commercial, 2.00 for Residential flats and 1 for residential plots; and
  • Ground coverage, which shall be 50% for residential and 40% for commercial use.
 
  (v) All relevant statutory and non-statutory charges, land use conversation charges, dues, fees etc. as leviable by the Government or any authority shall be payable, as fixed by Government/Authority from time to time.  
  (vi) The project shall not be advertised/launched and no money will be collected from general public for allotment of land/plot /flat/any space till such time the layout plans are cleared by the Competent Authority.  
  (vii) The State Government may acquire land as per provisions of the Land Acquisition Act.  1894 on request by the Promoter/Developer subject to the condition that such acquisition shall be limited to only 10% of total area of the project scope.  The acquisition shall be carried out as per the existing policy of the Department of Housing & Urban Development and by its Land Acquisition Collectors.  
  (viii) Barring unforeseen circumstances, the Government of Punjab shall facilitate provision of power supply, road, accessibility, water and infrastructure required for the project after the same is applied for to the concerned department/agency/authority/local body on fulfillment of various terms and conditions required in this regard at such rates/fees etc. which shall not be less favorable to them compared to similarly placed projects/customers.  
  (ix) High-rise buildings upto 45 mtrs. may be allowed subject to clearance from Air Safety Regulations, Fire Safety Norms and Traffic Movement.  
  (x) Permission under the provisions of Punjab Mines and Mineral Act shall be allowed within the project area for the works pertaining to development of the project on payment of requisite charges.  
  (xi)

Permission under Punjab State Tube-well Act, 1954 to dig tube well(s) in the project area for the requirement of the project shall be allowed.

 
  (xii)

The State Government shall extend the facility of Public Transport System being run by any State Government agency to the project area.  The State Government shall also allow them to operate their own Public Transport System within the project area and also for connecting the project area to the main Urban Centres nearest to the project area subject to the fulfillment of required terms and conditions in this regard.

 
  (xiii) The State Government shall not allow Polluting Industries in the periphery (upto 500 mtr. from the project boundary) of the project area.  
  (xiv) No state agency shall erect any barrier or create obstruction in various connectivity/ies which shall be allowed to the project as per Clause (vi) above except on the ground of major law and order problem or National Security considerations.  
  (xv)

The State Government shall assist them in getting any other facility or requirement for the development of the Project.

 
 

Above concessions will be granted subject to the condition that each of the Residential Project at any individual location must comply with following conditions :

 
  (a)

Each Mega Project in Housing should be of Rs. 100 crore or above at single geographical location and shall be developed in contiguity.  However, public services which already exist such as roads, canals, parks etc. shall not be construed to break the unity and contiguity of the project.

 
  (b) Developers of Mega Projects in Housing shall earmark 10% of the land and develop it for allotment to Economically Weaker Sections of the Society.  The price to be charged for EWS houses/flats would be determined by the Government, in accordance with Section 5(9) of the Punjab Apartment & Property Regulation Act, 1995.  
  (c) “Rain Water Harvesting” shall be provided in all Mega Projects, which shall be indicated on the building plans submitted for approval and shall be installed as per the approved plan.  
  (d) “Sewage Treatment Plant” shall be provided in all Mega Projects, of 10 & above 10 acres which shall be indicated on the building plans submitted for approval and shall be installed as per the approved plan.  The treated water shall be recycled for irrigation & surplus water generated shall be utilised for beautification.  
  (e) Developers of Mega Projects in Housing shall submit six-monthly progress reports to the Nodal Agency to be tabled at the meeting of the Committee under the Chairmanship of Chief Secretary, Punjab to monitor the progress made by each Developer.  
  (f) That the area proposed under these projects does not conflict with acquisition plans of the Government for any purpose.  The specific location details can be worked out at the instance of submission of layout plan or submission of land details by the applicant Promoter/Developer.  
  (g) The Promoter/Developer shall not be allowed to execute the development works on the project land except in accordance with the environmental clearance from the Punjab Pollution Control Board, following the Environmental Impact Assessment process.  
  (h) Electrification work will be carried out as per design and specification approved by PSEB under their strict supervision.  
  (i) The Promoter will obtain No Objection Certificate before the construction of high rise buildings in their township projects from Director General of Civil Aviation, Govt. of India, New Delhi in case of Civil Airports and Ministry of Defence in case of Air Force Station.  
  (j)

Minimum investment of Rs. 100 crore shall be completed within a period of 3 years from the date of signing of the Agreement.

 
    Besides, the grant of above concessions will be subject to signing of an agreement, as per draft enclosed, by your Promoter/Developer and the State Government and complying with the terms & conditions of the agreement, failing which the said concession will stand withdrawn.  The agreement in this regard shall be signed with you by the officials of Housing & Urban Development Department, Government of Punjab.  You are requested to send your consent to the Secretary, Department of Housing & Urban Development, Government of Punjab with a copy to this office.  
  (k)

You are requested to sign the agreement within three months from the date of issue of Letter of Intent (LOI) as per enclosed draft, incorporating any applicable fee/charges/ dues etc. failing which the Letter of Intent (LOI) will be deemed to be cancelled.

 
  (l)

This is only a letter of intent issued by GMADA in capacity as Nodal Agency and does not confer any right to the Promoter/Developer to sell/transfer the property or execute any transactions with anyone without obtaining valid approvals & requisite notification/order under Section 44 of PAPR Act, 1995 to be issued by the Department of Housing & Urban Development.

 
  DISCLAIMER      
  GMADA or the Government of Punjab or public servants acting in due discharge of their official duties shall not be liable for any civil or criminal liability on account of any action taken by the Promoter /Developer while executing the Project.  

Further GMADA/Government of Punjab shall also not be liable/responsible for any civil or criminal liability if occurred any, while acquiring the 10% land for the Project.

The Developer/Promoter shall not claim any damages whatsoever these may be if the above said 10% land could not be acquired due to any order passed by any court or due to any other circumstances.

GMADA or the Government of Punjab or public servants acting in due discharge of their official duties shall not be liable to any civil or criminal liability, in case any of the clauses remain unfulfilled on part of the State agencies for any reason whatsoever.

 

Additional Chief Administrator (Projects),
GMADA
Chief Administrator
Encl: Draft Agreement                                  

For :


Dated:
 
  A copy along with enclosures is sent to the Principal Secretary to Government Punjab, Department of Industries & Commerce for information and necessary action.  
 

Additional Chief Administrator (Projects),
GMADA 
Chief Administrator

Encl: As above

For :


Dated:
 
 

A copy along with enclosures is sent to the Secretary to Government Punjab, Department of Housing & Urban Development for information and necessary action.

 
  Additional Chief Administrator (Projects),
GMADA 
Chief Administrator

Encl: As above
For :  
         
         
 
     
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