( 1) Before prepaing any plan finally and submitting it to the State Government for approval, the Local Development Authority shaI1 prepare a plan in draft and publish it by making a copy there ofavailablc for inspection and publishing a notice in such form and manner as may be prescribed by .
regulations made in that behalf inviting objections and suggestions fiom any person with respect to the draft plan before such date as may be specified in the notice.
(2) The Local Development Authority shall also give reasonable opportunity to evwy local authority within whose local l i i i t s the land touched by the plan is situated, to make any representation with respect to the p~an.
(3) After considering all objections, suggestions md representations that may have been received by the Local Development Authority, thc Local DeveIopment Authority shall finally prepare the plan and submit it to the State Government for its approval.
(4) Subject to the foregoing provisions of this section the State Government may direct tbe Local Development Authority to furnish, s ~ c h information as the Government may q u i r e fdr the purpose of approving any plan submitted to it under this section.
f 977 : Haryaoa Act I 3 J URBAN DEVELOPMENT P.WT~IORITY 85
77. lmrnediately after a plan has been approved by the State Datcofcoln- Government, the authority shall publish in such manner as thc State mencemcnt of 5overnment may speci fy, a notice stating that a plan has been approved and plan- , naming a place where a copy of the plan may be inspected at all reasonable hours, and upon the date of first publication of the aforesaid notice the plan shall come into operation.
Nore. - The development plan prepared and approved by the Governen t under section 5 of the Punjab Scheduld Roads and Controlled Areas Resbiction of Unregulated Development Act, ! 963, aruder section 29 of the Faridabad Complex (Regularion and Development) Act, 197 1, shall be deemed to be a master plan under section 73 for thc local devel~pmenr area forming pan of the controlled area declared under the aforesaid Acts and the same shall be integrated intc the masterplan ofthe local development area.
75. (1) Where in any local development area, any building occupied Maintenance wholly for residential purpose or partly for residential and partly for non- and improverasidential purposes abuts an merial road, the occupier of such building shall ment of facade of certain build- . ' bc bound to repair, white-wash, colour-wash or paint the facade of such ings merial I building at his own cost in accordance with any bye-laws made in that behalf.
(2) Where the Local Development Authority, with a view to ensuring symmetry with any scheme or cther specification made in that bchaIfconsider it necessary or expedient so to do, or where any occupier fails to repair, white-wash, colour-wash or paint the fa~ade of any building in accordance withsub-section (l),itmay by orderrequire thatthe said work shall becmied out by the Local Development Authority itseif or under its direction and may accordingly, also require the occupier to pay the cost of such work to the Local Development Authority.
(3) The cost of any work referred to in sub-section (2) shall be calculated on a 'no profit', 'no loss' basis, md in case of any disputc about the reasonableness of the atnount required to the deposited, the same shall be decided by the State Government and subject thereto the order of the'mcal DevelopmentAuthorityshll be h a l andshall not be called in question in any Court.
(4) In case of non-payment by an occupier of the whole or part of the cost of any work referred to in sub-section (21, it shall, on the certificate of the Vice-chairman, be recoverable from the occupier as arrears of land revenue.
URBAK DEVELOPMENT AUTIIORITI' [ 1977 : Haryana Act 13 Exp1anatiotl.--In this section-
(a) the expression 'arterial road' s ha1 1 have the meaning assigned to it in the bye- laws ;
I
(b) the expression 'occupier', in relation to a building, tneans the person UI actual occupation oruse of the building, and includes- ($ the owner (which expression shall include an agent or trustee or areceiver, s e q u e ~ ~ t o r or manager appcinted by a court, or a mortgagee with possession of the building) in occupation ;
(ii) the tenant.who for the time being is paying or is Liable to pay rent in respect thereof to the owner ;
(ii) the rent-fiee guarantee or licensee thereof;
(iv) the person who is liable to pay to the owner damages for . . authorized use and occupation thereof. i !
Amendment of 79: (1)' The Local Development Authority may make any amendment plan. - in the masterplan or the sector development plan as it thinks fit, which may in its opinion d6 not e f f ~ t irn&nt alterations in the character of the plan and t which do not relate to the extent of land uses or the standards of population I I density.
(2) The State Government may make amendments in thc master plan or the sector development plan whether such amendments are of the nature specified in sub-section (I) or otherwise.
(3) Before making any amendments in the plan, the Local Development ~uthohty, or as the case may be, the State Government shall publish a notice in at least one newspaper having circulation in the local development area inviting objections and suggestions from any person with respect to the proposed amendment before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Local Development Authori ty or thc State Government.
'(4) Everyamendmentmadeunderthissectionshall bepubIishedinsuch h manner as the Lucal Development Authority or the State Government, as the case may be, may specify and the amendments shall come into operation either on the date of the first publication or on such other date as the Local Development Authority or the State Government as the case may bc, may fm.
1977 ; Haryana Act 13) URBAN DEVELOPMENT ALITIIORITY (5 j When the Local Development Authori ty makes any amendments in thc plan undersub-section (1) it shall report to the State Government the fihl oarticulars of such amendments within t h t y days of the date on which such amendments conlc into operation.
(6) Lf any question arises whether the amendments proposed to be made by the Local Development Authority are amcndtnents which affect important alterations in the character nf the plan or whether they relate to the extent of land uses or the standards of population densiry, it shall be referred to the Sute Government whose decisions thereon shall be final.
(7)Any reference to the master plan or the sector development plan shall bc construed as a reference to themaster plan or the sector development plan as emended under this section.
80. ( I ) Afier the declaration of any area as local development area Development of under subsection O of section 62, no development of land shall be underlaken land in the local or carried out or continued in that area by any person or body (including a dcveloped area.
department of Government) unless permission for such development has been obtain4 irl writing h r n the Vice-Chairman in accordance with the provisions of this Chapter.
'. ' 1 (2 ) After the corning in'ro operation of any of the plans in any local development arca no development shall be undertaken or carried out or continued in thit itarea unless such development is in accordance with such plans.
(3) Notwithstanding anything contained ~II sub-sections ( 1 ) and (21, the folIowing provisions shall apply in relation to development ofland by any deparbnent of any State Govcmmrr~t or the Central Government or any local authority,-
(a) when any such department or local authori~y intends to carry out any development of 1 and it shall inform the Vice-chairman in writing ot* its intention to do so, giving full particulars thereof including any plans and documents, at least 30 days before undertaking such developmen1 ;
(6) in the case ~f a department of any State Government or the Central Government, if the Vice-Chairman has nu objectionhc should inform such department of the same within three weeks from the date ofreceipt by it under clause (a) o fthe department's intention, and if the Vice-Chairman does not rnake any obj &on within the said period the department shall be flee to carry out the proposed development ;
URBAN DEVELnPMENT AUTHORITY I 1977 : Haryana Act 13 c ) where the Vice-Chainnan raises any objection to the proposed devclopn~ent on the ground that the development is not in conformity with any master plan or sector development plan prepared or intended to be prepared by it, or on any other ground, such r!epartment or the local authority, as the case may be, shall-
(i) eithcrmakenecessarymoriificationsin the proposal for development to meet the objecrion raised by the Vice- Chairman; or
(ii) submit the proposals for development together with the objections raised by the Vice-Chairman ro the State Government for decision under clause (d);
(dl the State Government, on receipt of propsals for development togetherwith the objections of the Vice-Chairman, may ei ther approve the proposal with or without modifications or direct the Department of the Iocal authority, as the case may he, to make such modifications as proposd by the Govenment, and the decisions of the State Government shall be fmd;
I
(e) the development of any land begun by my w ch Department or Y 1 subjccf to the provisions ofsection 84 by any such Id authority before the declaration referred to in sub-section (1) may be I ." . , 4 .
completed by that d e p m e n t or local authority in compIiance with the requirements of sub-sections (1) and (2).
Application for 81. (1) Every person or body (other than any department of Government emission- or any Iocal authority) whose site is situated in any sector developed by Local Development Authority or in any Colony approved under any othcr Act of the State or for which permission of change of iand use bas. been gram tcd by the Government, desiring to: obtain the permission referred to in section 80 shall make an application iil writing to the Vice-chairman in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by bye-laws.
(2) Every application under sub-section (1) shall bc accompanied by such fee as may be prescribed by rules. i
(3) On the receipt of an application for permission under sub-section !
(I), thekiceChairman after malung such enquiry as he considers necessary in relation to any matter specified in clause (d) of sub-section (2) of section . . ' 74orin~lationtomyotbermatter,shal!beorderinwritingeithergrantthe permission, subject ta such. conditions, if any, as may be specified in the order or refuse to grant such permission':
1977 : Havana Act 131 URBAN DEVELOPMENT AUTHORITY
Provided that such a permission will not entitle the person to change the use uf land unless rbe said permission has been granted by the State Government under sub-section ( I ) of section 82 of the site allattedkmsferred .. by the Local Develcpment Authority under section 84 :
Provided hrther that before making an order refusing such permission, [he appllcan: shall be given a reasonable opportunity to show cause why the permission should not be refbsed :
Provj ded further that the Vice-Chairman may before, passing any order on such appIication give an opportunity to the applicant to make any correction therein or to supply any further particulars of document or to make good any deficiency in the requisite fee with a view to bringing it inconformity with the relevant rules or regulations or bye-laws.
(4) Wherepermission is refused, the grounds ofsuchrehsal shall be recorded in writing and communicated to the applicant.
( 5 ) Any person aggrieved by an order under sub-section (4) may appeal to the Chairman against that order witbin thrrty days fiom the communication thereof and may after giving an opportunity of hearing to the appellant and, if necessary, also to the represenbtive of the ViceChaimxan either di~miss the h appeal or direct the Vice-chairman to grant the permission applied for with such modifications, or subject to such conbtions, if any, as may be speck6ed.
(6 j The Vi ce-Chairman shall keep in such form as may be prescribed by regulations and register of applications for permission under h s section.
(7) The said register shall contak7 such particulars, including information as to the manner in which app tications for permission have been dealt with, as may beprescriSed by regulations, and shall be available for inspation by any mcmber of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by rzgula tions.
(8) Where pelmissior i is rehedunder this section, the applicant or any pcrson claiming through hin; shall not be entitled to get refund ofthe foe paid on the application for permission but the V~ce-Cbauma may, on m application for refund being made ~ i t b three months of the communications of the grounds of the refusal under sub-section (4) direct refund of such portion of the fee as 7 he may deem proper in the circumstanr:es of the case.
62. (1) The permissionin thz sectordareas other than those specified in Permission or su b-section(1) ofsection 81 to an individual or aperson including XI association mfusal id rcsor body o yof individuals whether incorporated or not may be granted by rhe pect of of land and Government on such terms and co~ditions and on payment of such fees and buildhe.
conversion charges as may be prescribed :
Applicability of Haryana Act 8 of 1975.
Applicalion of certain existing provisions.
Transfer of assets, liabilities, powers etc.
to Local Develupment Authority.
URRAN DEVELOPMENT AUTHOR~TY 1 1977 : Aaryana Act 13
Provided that such a permission may not be granted for reasons to be recorded ifi writing if the Government is not satisfied with the nlerits of the case or i s not' in accordance with law.
(2)After coming into operation of any of the plans in a scctor no person shall use or permit to be used any land or building in that sector otherwise than in conformity with such plan.
83. The Haryana Development and Regulation of Urban Areas Act, 1975, shall continue to be applicable in the local development area which shall be deemed to be the urban area as defined in clause (0) of section 2 of the said Act and the powers underthe said Act shall continue to be exercised by the Director, Town and Courihy . . planning, Haryana.
' 84. The provisioiisof sections 2, 14 to 27,32 to 34,36,37,39,40, 41; 44 to 52; 55, 56 and 39 shall apply mutatis mt~randis to the Local Devtlopment Authori ty constituted under sub-section (3) of section 62 and the terms 'Authority', 'Estate Officer' and '~hief~dministratar ' shall mean 'Local Development Authority', 'Estate Officer', and 'Vice-Chahan' respectively for this purposc.
85. ( I ) As from the date of the constitution of a Local Development Authorityunder sub-section (3) of section 62, the powers and functions of Haryana Urban Developn~ent Authority shalI stand transferred to Loca.1 Development Authorty in respect of the local development area for which it is constituted.
(2) Notwithstandjng the provisions of sub-section (I),- (u} a~1y~1gdo~1eora1yaction~cnincludingmynotification, order, scheme, permission or rule made, granted or issued by the Government or the Haryana Urban Development Authority shall, so far it is not inconsistent with the provisions of this , .
Chapter, continue in force and be deemed to have been done or taken by the b a l Development Authority unless and until it is superseded by anything done or any action taken under hs Chapter ;
@) all property movable and immovable and a11 intcrests of whatsoever nature and kind therein vested in the Haryana Urban Development Authority and situated in the ldcai development a r a before the constitution of the hcaJ'~eve1opment~~thority under sub-section (3) of section 62 skzl l vest in the Local Development Au thority ;
1977 : Haryana Act 131 URBAK DEVELOPiMFNT AUTHOKITY (d all debts. obligations and liabilities incurred, all contract$ entered into and all matters and things engaged to be done by the Haryana Urban Development Authority before the constitution of the Local Development Authority, sbal! be deemed to have been incurred, entcrcd into or engaged to be done by, with or for the h c a l Development Authority ;
(dl all fees and other sums of tnoney due to the Haryana Urban Development Authority immediately before the constitution of the Local Development Authority shall be deemed to be due ta the Local Development Authority ;
(e) all suits, prosecutions and other legal proceedings instituted or which might have bcen instituted by, for or against Haryana Urban Development Authority in respect of the local developmeilt area may be continued or instituted by, for or against tbe concerned Local Development'Authority.
(3) All land acqlrisi tion proc&g initiated by the ~overmknt on bchalf of T-Iaryana Urban Development Authority or otherwise in respect of local development area shall continue to be in force and shall be deemed to have ' been donc on behalf of and for the Local Development Autborityconcemed.
4 ) (a) From the date of the constimtion of c Local Development Authority for a local dcveloprnent arca, falling within the jurisdiction of Faridabad Co~nplex and the controlled area declared under the Faridabad Complex (Regulation and Development) Act, 1 97 1, the ChiefAdministrator, Taridahad Complex Administration shall cease to exercise powers undcr the provisions ofsections 29 to 42 of the Faridabad Complex (Regulation and Development)Act, 1971, and the provisions under the afvresaid sections except sections 3 I , 32 and 42 shall be exercised by the Local Development Authority, and further, all acts done by the Chief Administrator, Faridabad Complex Administration shall be deemed to have bcen done by the Vice-Cbairman of the Local Development ,diuthority
(h) All development charges and othcr related sums of money in rcspcct of thc local development area, duc from any perso11 to the Faridabad Complex Administration, shall be deemed to be due to thehca l Development Authority.
( 5 ) hediatcly after the constitution of a W DevelopmentAuthority, a mulicipal committee in local development area shall cease to exercise any URBAN DEVELOPMENT A U T H O R 1 7 !I977 : Haryana Act 13 power under the provisons of sections 172 to 18 1, 184 to 1 K6, 188, 193, 1 98,20 1 to 21 I and 21 8 to 220, of the Haryana Municipal Act, 1973, and the powers under the aforesaid sections shall be exercised by the Local Devclopment Authority ; and further, rhat all acts done by the municipal committee ID respect thereofshall be deemed to have bcen done by the Vicc- Chainnan ofa Local DevelopmentAuthority.
(6) The powers and functions vested with the Director, Town and Countq Planning under sections 7,10 and 1 1 of the Haryana Development andRegulation ofurban AreasAct, I975 (Act 8 of 1975) shall be exercised by the Vice-chairman of the Local Development Authority fiom thc date of itc constitution.
Nore.-The urban area under section 2 ofthe said Act shall be deemed to be a loca! development area of the concemid Local Development Authority.
(7) All the powers and functions of the Director, Town and Country Planning under sections 3,6,9,12,13,14, I5 and 16 of the Punjab Scheduled Roads and Controlledhas Restriction of Undegulated Development Act, I 1963 (Act 41 of 1963) shall be exercised by the Mce-Chairman of the L.oca1 Development Authority horn the date of the constitution of the LocaI I - DeveIopment Authority in respect of its local development area.
!
1977 : Haryana Act 131 LJIZBAN DEVELOP~IEW~' AUTIIOKITY tenns and conditions, as may be agreed upon behvee~~ the Government and the Local Development Authority.