(1)Any person, not being the Union Government, State Government, a local authority or a special authority constituted under this Act intending to carry out any development on any land, shall make an application in writing to the Director for permission, in such form and containing such particulars and accompanied by such documents as may be prescribed.
(2) Such application shall also be accompanied by such fee as may be prescribed.
1[30-A. Exemption from development permission in rural areas falling within Planning or Special Areas.-(1) Any person who owns land in rural areas, falling within Planning or Special Areas wherein neither Interim Development Plan nor Development Plan has been notified, shall be exempted from permission under this Act for the following development activities upto the limits as may be prescribed:—
(i) Residential activities such as farm-houses and residential houses upto three storeys, cattle shed, toilet, septic tank, kitchen, store, parking shed or garage and rain shelter;
(ii) Commercial activities such as basic commercial activities like shops of general merchandise, cobbler, barber, tailoring, fruit, vegetable, tea or sweet, eating places and dhabas, chemist and farm produce sale depot;
(iii) Service Industries such as cottage or house-hold, service industries like carpentry, knitting, weaving, blacksmith, goldsmith, atta-chakki with capacity upto five horse-power, water mill, agriculture equipments or machinery repair, electrical, electronic and house-hold appliances;
1. Section 30-A insertedvide H.P. Act No. 11 of 1997 amended vide H.P. Act No.
15 of 2001 and substituted vide H.P. Act No. 8 of 2009.
32 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977
(iv) Public amenities such as public amenities like panchayat offices, schools, mahilamandals, yuvakmandals, community halls, post offices, dispensaries and clinics (including health, veterinary and Indian System of Medicines) information technology kiosks, patwarkhanas, guard huts, anganwaries, electricity and telephone installations and connections, roads and paths, ropeways, water tanks, rain harvesting tanks, overhead or underground water tanks, pump houses, check dams, temples, churches, mosques, graveyards, cemeteries, cremation grounds and other religious buildings, bathing ghats, cremation shelters, rest sheds, baths, drainage, toilets, latrines, urinals, sewerage installations, wells, tube wells, baulies, garbage disposal bins, depots and other installations;
(v) Agriculture and horticulture related activities including rain harvesting structures, milk chilling plant, farm level godowns, seeds and fertilizer stores, farm clinics, pre-cooling units, primary processing units, green houses and poly houses; and
(vi) Heritage related activities such as lakes, reservoirs, dams, baulies, wild life sanctuaries, cemeteries, graveyards, railway lines.
(2) Any person who owns land in areas falling outside urbanisable areas, as shown in the Interim Development Plans or Development Plans of Planning or Special Areas, shall be exempted from permission under this Act for the development activities specified under sub-section (1) uptothe limits as may be prescribed.]
1[30-B. Exemption in respect of development of certain lands or buildings.- (1) Notwithstanding anything contained in the Himachal Pradesh Town and Country Planning Act, 1977 or any other law for the time being in force, the Government or any Officer or Authority, vested with the powers of Director, may, on application, by order, exempt development on any land or building or class of lands or buildings developed on or before the date of commencement of this Act from all or any of the provisions of the Himachal Pradesh Town and Country Planning Act, 1977 or any rules or regulations made thereunder upto such extent and on payment of such regularization fee as specified under sub-section (8).
(2) The application under sub-section (1) shall be made within sixty days from the date of publication of this Act in the Official Gazette in Appendix-I, which can also be downloaded from the official website “www.tcphp.in” of the Department and may be submitted alongwith fee of
1. Inserted vide H.P. Act No. 1 of 2017, w.e.f. 15.6.2016 and shall remain in force for one year from the date publication i.e. 30.1.2017.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 33 one thousand rupees which shall be disposed of within a period of one year from the date of publication of this Act.
(3) After passing of order under sub-section (1), permission shall be deemed to have been granted for such development of land or building.
(4) Nothing contained in sub-section (1) shall apply to any application made by any person who does not have any right over the land or building referred to in sub-section (1).
(5) Any person aggrieved by any order passed under sub-section (1) by any Officer or Authority may, prefer an appeal to the Appellate Authority within thirty days from the date of receipt of order. The condition of one year stipulated under sub-section (2) shall not apply in appeals and such appeals shall be decided by the Appellate Authority within a period of six months from the date of filing thereof.
(6) The fee under this section shall be charged and deposited by the Competent Authority through Treasury Challan or e-Challan in the relevant Head of Account, and in case of Urban Local Bodies or Special Area Development Authorities, the fee shall be charged by way of Demand Draft or online payment by such Bodies.
(7) Before grant of exemption under sub-section (1), the following guidelines and principles shall be kept in view to ensure compliance thereof, namely:-
(a) the buildings shall be regularized on the basis of “as is where is”:
Provided that a structural stability certificate shall be submitted by the applicant for the building to be regularized from the qualified Structural Engineer;
(b) there shall be no exemption for regularization in respect of deviations and unauthorized constructions in the Green Area and Heritage Area as defined under Interim Development Plans or Development Plans as notified by the State Government from time to time;
(c) deviations and un-authorized constructions falling in Green Area and Heritage Area as delineated in the Interim Development Plans (IDPs) or Development Plans (DPs) shall be regularized which have taken place prior to the notification
(s) of delineation of such areas;
(d) the exemptions shall also be granted for such buildings which have been constructed above the road level;
(e) developments carried out in lands or buildings owned by individuals in Himachal Pradesh Housing and Urban Development Authority (HIMUDA) Colonies, where such 34 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 Colonies are maintained and administered by the Urban Local Bodies (ULBs), shall be considered for exemption;
(f) developments or constructions carried out without permission or in deviation to approved plan, if not exempted under this section, shall face disconnection of services and demolition;
(g) the competent authority shall ensure that the roof of buildings to be exempted and regularized under this section is rendered totally ineffective for further vertical construction in future;
(h) un-authorized constructions carried out on the area and pockets kept for parks, sewerage or any other facility in any approved map of sub-division of land by the competent authorities shall not be regularized;
(i) parking floor(s) as per approved plan, if converted to any other use like residence or shop etc. shall not be regularized but in case, alternative equivalent or more parking space is available then, parking floor(s) so converted into other use(s) shall be considered for regularization :
Provided that such cases where existing road level is not abutting from approved parking floor and further there is no feasibility of construction of road leading to approved parking floor may be considered for regularization;
(j) no exemption shall be allowed in case the owner has encroached upon any land owned by the Government or Local Authority or Board or Corporation or Institution or any Authority constituted under the Himachal Pradesh Town and Country Planning Act, 1977 or other person’s land;
(k) no exemption shall be allowed on the land lying below Highest Flood Level (HFL) as delineated in the Development Plans;
(l) in case of apartments, flats or slabs, the individual owner may apply for regularization; and
(m) the people residing in the areas where provisions of the Himachal Pradesh Town and Country Planning Act, 1977 or the Himachal Pradesh Municipal Act, 1994 or the Himachal Pradesh Municipal Corporation Act, 1994 were not in force at the time when the buildings were constructed need not to apply:
Provided that if there is any ambiguity as to whether any person is exempted or not under this section, he may make an application alongwith documents, if any, to the Competent Authority online or otherwise, who shall pass appropriate order on his application.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 35
(8) The regularization fee for regularization of deviations and unauthorized constructions shall be charged as per TABLE given below:— TABLE (A) For Residential buildings:- Sl.
No.
Description Rates .
Municipal Outside Area Municipal Area Remarks
1. Where permission has been taken for development but deviations on set backs or storeys or in both have been made.
@ Rs.
800/- per M2 @ Rs.
400/- per M2
(i) Regularization Fee shall be charged on the deviated area i.e. on set backs and un-authorized storeys which is beyond sanctioned plan; and
(ii) For the purpose ofcalculation of deviations, theRegulations i.e. set backs,number of storeys/Floor AreaRatio (FAR) as wereapplicable at the time ofapproval of original or revisedor retained map shall betaken into consideration.
2. Where permission has not been taken for development i.e.
total unauthorized construction.
@ Rs.
1000/- per M2 @ Rs.
500/- per M2 For the purpose of calculation of deviations, the total built up area of the building shall be taken into consideration.
(B) The regularization fee as specified under clause (A) of this subsection shall beincreased by 100% for Commercial, Hotel, Tourism, Industrial or other Uses :
Provided that the regularization fee as specified under clause (A) of this sub-section shall bedecreased by 75% for the persons falling under the categories of Below Poverty Line (BPL) andEconomically Weaker Sections (EWS) of the society :
Provided further that no other fee shall be charged like Development of land, BuildingOperation, Change of Existing Building Use and Change of Land Use etc..]
36 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977