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SIMPLIFICATION OF THE PROCEDURE FOR DEVELOPMENT OF COLONIES IN THE STATE OF PUNJAB
Dated...
Chandigarh,
No. 2/3/92-5HG2/   
Whereas the Governor of Punjab is of the opinion that the procedure to obtain the approval to develop of small colonies in the various parts of the State of Punjab needs to be simplified,
And, whereas the Governor of Punjab is of the opinion that it would be in the interest of planned and organised Urban Development of the State and also in the interest of the prospective buyers to do so.
And, whereas the Governor of Punjab is of the opinion that the operation of the provisions of the Punjab Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of 1995) causes undue hardship in cases relating to small promoters and land-owners, which in turn leads to a lower availability of reasonably price plots in well-planned and approved colonies.
Now, therefore, in exercise of powers vested in him under section 44(2) of the Punjab Apartment and Property Regulation Act, 1995, (Punjab Act 14 of 1995), the Governor of Punjab is pleased to exempt all the new proposed colonies, up to a gross area of 10 acres, from the provisions of the Punjab Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of 1995) except Section 32) and the procedural requirements connected thereto, subject to strict compliance with procedure and terms and conditions given in the Schedule below:-
1. ELIGIBILITY CONDITIONS
Henceforth, it shall not be mandatory to obtain a formal licence from the Competent Authority under the Punjab Apartment and Property Regulation Act, 1995 by any promoter/land owner before developing a colony, subject to the fulfillment of all of the following terms and conditions :-
  • The gross area of the colony being developed should  not exceed 10 acres;
  • The title of the land shall be clear and unencumbered and should stand exclusively in the name of the applicant or, where there is more than one applicant, the joint applicants;
  • Application may also be submitted by the holder of the General Power of Attorney on behalf of the single or joint land owners, provided the attorney holder has been specifically authorised  in this behalf;
  • The land-owner(s) should have been registered as a promoter under the provision of the Punjab Apartment and Property Regulation Act, 1995. However, where the applicant is the holder of a Power of Attorney, the attorney holder shall be required to be registered as a promoter and in this case it would not be necessary for the land-owners to be registered as such promoters;
  • There should be no default in respect of the payment of the instalments of External Development Charges (EDC), or any other sum payable under the Punjab Apartment & Property Regulation Act, 1995 & the rules framed thereunder in respect of any company of which the applicant or any of the landowners is a Director, or any partnership firm of which the applicant or any of the landowners is a partner.
  • The lay-out plan, including the services plan, shall be prepared, in case the proposed colony is up to five acres, by Architect registered with the Council of Architects, whereas a Town Planner, registered with the Institute of Town Planners, may prepare any such plan for any colony;
  • However, the layout plan of the proposed colony can also be got prepared from the concerned Divisional Town Planner (DTP) of the Department of Town and Country Planning, Government of Punjab, after submitting an official fee of Rs. 10,000/-. The fee shall be exclusive of the cost of the survey, which shall have to be organised by the applicant at his own expense
2. PROCEDURE FOR SIMPLE APPLICATION
After the layout plan, including the service plan, has been prepared, it shall be submitted in triplicate to the concerned Divisional Town Planner (DTP) of Town and Country Planning Department having jurisdiction, along with the proof of the title of the land. However, where the Senior Town Planner (STP) is stationed in a particular District headquarter, these documents shall be submitted to such Senior Town Planner in respect of such district (and not the entire Zone). The application shall be submitted, along with a Demand Draft in favour of Senior Town Planner or the District Town Planner, as the case may be at the same rate as described as the licence application fee under the Punjab Apartment and Property Regulation Act, 1995 and the rules framed thereunder (i.e. Rs. 5000/- per hectare).
The applicant shall furnish an irrevocable and unequivocal, written legal undertaking that he shall voluntarily pay all dues on account of the External Development Charges, in accordance with the same rate and the instalment schedule, as is normally being assessed under the Punjab Apartment & Property Regulation Act, 1995 and rules thereunder. He shall also undertake to develop the colony in accordance with the layout plan that might be finally approved and also undertake to execute to all the internal development works, in accordance with the standards and specifications that are finally approved. The undertaking shall also contain a recital that the applicant shall be responsible for all other statutory compliances and permissions including environmental clearances, if any, required. It shall also declare that no dues are outstanding on account of the External Development Charges (EDC) etc. in terms of paragraph 21(c).
3. PROCEDURE BEFORE THE SENIOR TOWN PLANNER/DISTRICT TOWN PLANNER
After the receipt of the application, the Senior Town Planner/District Town Planner concerned shall conduct a summary fact-finding inquiry, as regards the title of the land and also as to whether the proposed lay-out plan fits into the general, proposed Urban Development of the area and, in doing so, he shall broadly be guided by the provisions of the Punjab Apartment and Property Regulation Act, 1995 (PAPRA) and the rules framed thereunder, including any Master Plan, including the non-statutory Master Plans, prepared or under preparation by the Department. A spot visit by the Senior Town Planner/Divisional Town Planner shall be mandatory. However, where any change of land use is involved, the case shall not be finalized at the level of the STP and DTP and a specific recommendation shall be made to the State Government, through the Chief Town Planner, regarding the change of land use required. Further action shall be taken up only after the State Government formally approves the change of land use.
After the aforesaid summary inquiry, has been completed, the Senior Town Planner/ Divisional Town Planner concerned she conditions that may be imposed, the following conditions shall be incorporated:-
  • The applicant shall be responsible for all statutory clearances, including environmental clearances, if any, required from the Central Government or any of the agencies of the Central Government or from any other Department of the State Government or any of its agencies and this approval in itself shall not be construed as any approval beyond the provisions of the Punjab Apartment and Property Regulation Act, 1995 (PAPRA) and the rules;
  • The applicant shall remain exclusively responsible for complying with the provisions any other law for time being in force and in case of any breach or violation thereof, he (the applicant) shall exclusively be liable to face the penal action;
  • The construction on individual plots shall be commenced only after the approval of the building plan by the municipal authorities concerned, in case the colony is situated within the municipal limits. In other cases, the Punjab Urban Planning & Development Authority (PUDA) Building Rules, 1996/bye-laws shall be applicable, the construction shall be carried out only after getting the building plan approved by the Competent Authority, notified under the Punjab Regional & Town Planning & Development Act, 1995;
  • The communication shall, apart from intimating the assessment and schedule of the payment of the External Development Charges (EDC) instalments, shall also call upon the applicant to submit a Crossed, “account payee only” Demand Draft in favour of the “Competent Authority-cum-Chief Administrator, PUDA”, payable at Chandigarh or SAS Nagar (Mohali), along with a consent letter that the applicant- promoter undertakes to abide by all the terms and conditions of this Notification as well as the Letter of Intent;
  • The Letter of Intent (LOI) shall also call upon the applicant to deposit entire amount in respect of the “Punjab Urban Development Fund”, payable under section 32 of the Punjab Apartment and Property Regulation Act, 1995 (at the rate of rupee one per square metre), in shape of a demand draft in favour of “Chief Administrator, PUDA”, payable at Chandigarh/SAS Nagar (Mohali).
  • The Letter of Intent (LOI) shall also enjoin upon the applicant to pledge/hypotheticate in favour of the State Government immovable property equivalent to Rs. 2.00 lakh per gross acre, in lieu of the Bank Guarantee that is normally required to be furnished under the Punjab Apartment and Property Regulation Act, 1995 and rules framed thereunder, by a regular promoter, as a security for execution of the Internal Development Works approved. The value of the said property shall be reckoned at the rates fixed by the District Collector for the purposes of registration of sale deeds or documents. The property may be situated within or outside the proposed colony. The property shall remain pledged till a Completion Certificate is finally issued by the STP/DTP, in accordance with the procedure laid down in PAPRA Act/rules. 
  • The applicant may instead of hypothecating property as aforesaid, may choose to furnish a Bank Guarantee of equivalent amount in favour of “Chief Administrator, PUDA-cum-Competent Authority, PAPRA” as stipulated in the Apartment & Property Regulation Act, 1995.
  • The layout plan, including the Services plan, shall also be returned to the applicant, duly signed and approved by the Senior Town Planner/Divisional Town Planner, as the case may be.
4. ISSUE OF FINAL APPROVAL
After the applicant-promoter has formally communicated his acceptance of terms and conditions laid down in the Letter of Intent (LOI) and also deposited the first instalment of the External  Development Charges as assessed, the Letter of Intent (LOI) issued by STP/DTP shall be converted into a formal approval to develop the proposed colony.
The STP/DTP shall also endorse a copy of the final letter of approval to:
  • Chief Administrator, PUDA-cum-Competent Authority, PAPRA, and the Zonal Additional Chief Administrator, PUDA/Estate Officer, PUDA, concerned;
  • Deputy Commissioner of the District;
  • Commissioner of the Municipal Corporation/ Executive Officer of the Municipal Council/ Nagar Panchayat concerned, in case of a colony situated within the Municipal limits;
The deposit of the subsequent instalments of External Development Charges (EDC) shall be effected and monitored by the concerned Zonal Additional Chief Administrator of PUDA and in case of default, the approval granted under this Notification shall be liable to be cancelled by the Senior Town Planner/Divisional Town Planner concerned, on a report by the Zonal Additional Chief Administrator of PUDA concerned or otherwise, and the colony shall be declared to be an unauthorised.  Other penal action may also be initiated in such cases by the Zonal Additional Chief Administrator of PUDA, after such cancellation.
5. RESIDUARY PROVISIONS
The Senior Town Planner as well as the Divisional Town Planner, acting under this Notification, shall be deemed to be Competent Authority within the meaning of the Punjab Apartment & Property Regulation Act, 1995 and the rules framed thereunder, for the purpose of this Notification and in case any adverse order is passed by the said officer(s), the applicant shall have a right of appeal, as provided under the by Punjab Apartment & Property Regulation Act, 1995 and the Rules framed thereunder.
Nothing in this Notification shall preclude an applicant from applying for a regular licence to the Competent Authority, Punjab Apartment & Property Regulation Act, 1995.
Extension of existing colonies of the same promoter when contiguous can also be applied for under this notification, provided Completion Certificate of the previous colony has been issued.
In case of any doubt in any quarter whatsoever, guidance shall be obtained from the provisions of the Punjab Apartment & Property Regulation Act, 1995 and the rules framed thereunder.
In case any clarification regarding this scheme is required, the matter shall be forwarded to the State Government,  in the Department of Housing & Urban Development, and the decision of the State government Decision shall be final and binding on all concerned.

Karan Bir Singh Sidhu
Secretary to Government of Punjab
Department of Housing & Urban Development

 
In continuation of Punjab Government Notification No. 2/3/97/2HG1/5097 dated 25th June, 2004 and in exercise of powers vested under section 2(1) of the Punjab Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of 1995) and all other powers enabling him to act in this behalf, the Governor of Punjab is pleased to appoint the following Officers of the Department of Town & Country Planning, under the overall administrative control of the Department of Housing & Urban Development, to exercise and perform all or any of the powers and functions of the Competent Authority under the aforesaid Act and Rules framed thereunder, within the territorial jurisdiction described below:-

Sr.No.

Designation of Officer

Territorial Jurisdiction (District)

Remarks

1.

Senior Town Planner, Amritsar

Amritsar

 

2.

District Town Planner, Bathinda

Bathinda & Mansa

 

3.

District Town Planner, Faridkot

Faridkot & Muktsar

 

4.

District Town Planner, Fatehgarh Sahib

Fatehgarh Sahib

 

5.

District Town Planner, Ferozepur

Ferozepur & Moga

 

6.

District Town Planner, Hoshiarpur

Hoshiarpur

 

7.

Senior Town Planner, Jalandhar

Jalandhar & Nawanshehr

 

8.

Deputy District Town Planner, Kapurthala

Kapurthala

 

9.

Senior Town Planner, Ludhiana

Ludhiana

 

10.

Senior Town Planner, Patiala

Patiala

Except Municipal Towns of Dera Bassi, Zirakpur and Banur

11.

Senior Town Planner, Mohali

Ropar District and Municipal Towns of Dera Bassi, Zirakpur and Banur of Patiala District.

 

12.

District Town Planner, Sangrur

Sangrur

 

  1. The powers to grant licences under the aforesaid Act and the Rules framed thereunder shall, however, be exercised by these Officers only in respect of a proposed colony, not exceeding an area of gross 10 acres.
  2. Nothing in this notification shall diminish or mitigate the powers and jurisdiction of the Chief Administrator, PUDA, vested in him vide the aforesaid Notification No. 2/3/97/2HG1/5097 dated 25th June, 2004.

Karan Bir Singh Sidhu
Secretary to Government of Punjab,
Department of Housing & Urban Development

 
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