Himachal Pradesh Town and Country… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1977
Jurisdiction	State of Himachal Pradesh
Ministry	Town and Country Planning
Status	In force as published by the source
Text	Published as one document, as the source published it

1 (Authoritative English text of this Department Notification No. TCP-A (3)-1/2014 dated …………………2014. as required under clause (3) of Article 348 of the Constitution of India) GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT No.TCP-A(3)-1/2014 Dated Shimla-2, 1st December, 2014.

NOTIFICATION Whereas the draft Himachal Pradesh Town and Country Planning Rules, 2014 were published in the Official Gazette, Himachal Pradesh (Extra Ordinary) vide this department notification of even number dated 30.7.2014 for inviting objection(s) and suggestion(s) from the person likely to be affected thereby, as required under sub-section (1) of section 87 of the Himachal Pradesh Town and Country Planning Act, 1977(Act No.12 of 1977);

And whereas, objection(s) and suggestion (s) have been received within the stipulated period by the State Government in this behalf and the same have been considered;

Now, therefore, in exercise of powers conferred by section 87 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), the Governor, Himachal Pradesh is pleased to make the Himachal Pradesh Town and Country Planning Rules, 2014 and to repeal the Himachal Pradesh Town and Country Planning Rules, 1978 published in the Official Gazette, Himachal Pradesh (Extra Ordinary) dated 6.4.1979, vide Notification No. 9-12/72 –PW (B) dated 19.12.1978, namely:-

CHAPTER-I PRELIMINARY

1.(1) These rules may be called the Himachal Pradesh Town and Country Planning Rules,

2014.

(2) They shall come into force from the date of their publication in the Official Gazette.

2.(1) In these rules, unless the context otherwise requires,-

(a) “Act” means the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.

12 of 1977) ;

(b) “amenity” includes roads, water supply, street lighting, drainage, sewerage, public parks, schools, hospitals, community centers and other community building, landscaping and any other public utility service;

(d) “Authority” means the Town and Country Development Authority or Special Area Development Authority, as the case may be, constituted under the Act;

(e) “Chief Executive Officer” means the Chief Executive Officer of the Authority;

(f) “Director” means the Director of Town and Country Planning Department, Himachal Pradesh;

(g) *“field office” means the Divisional, Sub-Divisional or Town Planning Office of the Town and Country Planning Department;”

(h) “form” means a form appended to these rules;

(i) “Government” means the Government of Himachal Pradesh;

Short title and commencement.

Definitions.

(j) “layout plan” means a plan of the colony depicting the division or proposed division of land into plots, roads, open spaces, amenities, etc. and other details as may be necessary;

(k) “local authority” means a Municipal Corporation constituted under section 3 of the Himachal Pradesh Municipal Corporation Act, 1994 or a Municipal Council or a Nagar Panchayat constituted under section 3 of the Himachal Pradesh Municipal Act,1994 or Panchayati Raj Institutions constituted under the Himachal Pradesh Panchayati Raj Act,1994 or Cantonment Board or any other authority notified by the State Government for the purposes of the Act;

(l) “section” means a section of the Act; and

(m) “Secretary” means the Secretary (Town and Country Planning) to the Government of Himachal Pradesh.

(2) All the words and expressions used in these rules but not defined shall have the same meanings as have been assignedto them respectively in the Act.

CHAPTER-II REGIONAL PLANNING

3. The notice with respect to the draft Regional Plan to be published under sub-section

(1) of section 8 of the Act shall be in form-1.

4. The notice specified in rule 3 shall be published in the Official Gazette and shall further be published by means of advertisement in one or more newspapers having wide circulation within the area of the Region. A copy of the notice shall also be pasted at the office of the Director and the concerned fieldoffice(s).

5. The Notificationunder sub-section (2) of section 9 of the Actshall be in form-2 and shall be published in the Official Gazette and in one or more newspapers having wide circulation within the area of the Region. A copy of the notice shall also be pasted at the office of the Director and fieldoffice(s) concerned.

6. In case, the draft Regional Plan is approved by the Government with modifications, a notice to this effect shall be published in the Official Gazette and in one or more newspapers having wide circulation within the area of Region under the proviso to sub-section (2) of section 9 of the Act in form- 3.

7. The objection(s) and suggestion(s), if any, received after publication of notice under rule 6 shall be considered by the Government and after giving reasonable opportunity of being heard to the persons affected thereby, a notification to the effect that the Regional Plan has been approved, shall be published in form-4 in the Official Gazette and in one or more newspapers having wide circulation within the area of Region. A copy of the said notification shall also be pasted at the office of Director and field office(s) concerned.

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 Form of notice.

Manner of publication of notice.

Manner of publication of Regional Plan.

Notice of modifications in Regional Plan.

Consideration of modifications in Regional Plan.

CHAPTER-III PLANNING AREAS, DEVELOPMENT PLANS AND SECTORAL PLANS

8. A public notice of preparation of the Existing Land Use Map inviting objection(s) and suggestion(s) under sub-section (1) of section 15 of the Act shall be given in form-5 by publishing the said notice in the Official Gazette and in one or more news papers having wide circulation within the Planning Area/ Special Area.

9. A public notice shall be published under sub-section (3) of section 15 of the Act, in form-6 in the Official Gazette and in one or more newspapers having wide circulation within Planning Area/ Special Area intimating that the Existing Land Use Map has been duly prepared and adopted and shall be available for inspection during office hours in the office of Director, its field offices, office of the Authority (if any) and the office of the local authority.

10. The Interim Development Plan, as approved under sub-section (4) of section 17of the Act, shall be published in the Official Gazette under sub-section (5) of section 17 of the Act and the notice of such publication shall be in form-7.

11.A copy of the draft Development Plan, as prepared under section 18 or Sectoral Plan as prepared under section 21 of the Act, shall be made available for public inspection during office hours at the office(s) of the Director, the Authority( if any), the local authority and the field office(s) concerned for inviting the public objection(s) and suggestion(s) under sub-section (1) of section 19 or section 23 read with section 19 of the Act, as the case may be. The notice of the preparation of the draft Development Plan or the Sectoral Plan, as the case may be, and of making them available for public inspection shall be in form- 8 and shall be published in the Official Gazette and in one or more newspapers having wide circulation in the Planning Area/ Special Area.

12.(1) Where the State Government approves Development Planunder sub-section (2) of section 20 of the Act or Sectoral Plan under section 23 of the Actwith modifications, the notice inviting objection(s) and suggestion(s) to be published in the Official Gazette and in one or more newspapers having wide circulation within the Planning Area /Special Area shall be in form-9.

(2) A public notice shall be published under sub-section (4) of section 20or section 23 of the Act, in form- 10 in the Official Gazette and in one or more newspapers having wide circulation in the Planning Area/ Special Area to give it due publicity intimating that the Development Planor the Sectoral Plan has been approved without any modifications under sub-section (1) of section 20 or section 23 of the Act or with modifications under sub-section (3) of section 20 or section-24 of the Act, as the case may be, by the Government and shall be available for inspection during office hours at the office of the Director, its field office(s), the offices of the Authority (if any) and local authority concerned.

Manner of publication of Existing Land Use Map.

Adoption of Existing Land Use.

Manner of publication of approved Interim Development Plan.

Manner of publication of draft Development Plan or Sectoral Plan.

Manner of publication of approved Development Plan or Sectoral Plan.

13. In the Planning Areas constituted under section 13 of the Act and the Special Areas designated under section 66 of the Act, where no Interim Development Plan (I.D.P.)

or Development Plan (D.P.) has been prepared either under section 17 or under section 18 of the Act, the Director shall permit the sub-division of land or change of land use or the development of land or construction of buildings, Real Estate Projects** as the case may be, in conformity with the Regulations as given in Appendix-1to 9 of these rules.

14. In the Planning Areas constituted under section 13 of the Act and the Special Areas designated under section 66 of the Act, where Interim Development Plan or Development Plan has been prepared either under section 17 or section 18 of the Act, the Director shall permit sub-division of land or change of land use or development of land or construction of buildings, Real Estate Projects** as the case may be, in conformity with the Regulations contained in the Interim Development Plan or Development Plan. In case Regulations as given in Appendix- 1 to 9 are not contained in the said Interim Development Plan or Development Plan, the same shall be considered in addition to the Regulations as contained in the Interim Development Plan or Development Plan while granting permission by the Director.

CHAPTER-IV CONTROL OF DEVELOPMENT AND USE OF LAND

15. The intimation by Union Government, State Government, a local authority or any Authority constituted under the Act regarding the intention to carry out any development on any land as envisaged under sub-section (1) of section 28 or section 29 of the Act, shall be on simple paper accompanied by following documents and particulars:-

(i) a copy of title/ownership documents i.e. latest jamabandi in original;

(ii) a copy of latest original tatima showing Khasra number(s), description and area of land in question, abutting path with its width as well as adjoining Khasra number(s) falling on all the outer limits/ boundaries of the land in question. The land applied for shall be shown in red, in the tatima;

(iii) three sets of Location Plan in the scale of 1:1000 showing North direction, indicating the land in question, showing main approach road(s), name of road(s) on which the property and boundaries abuts, important public buildings like hospital, school, cinema, petrol pump, existing land uses / building uses surrounding the land;

(iv) three sets of Site Plan in the scale of 1:200 showing North direction and all the boundaries of land in question, abutting path with its width, natural features like nullahs, ponds, trees, slopes, contours at an interval of 5.00 Metres if the land is undulated, high tension lines passing through or adjoining the land, existing roads, highways showing the right of way, railway lines, airports with their specification(s) and boundaries, showing details of utilities and services like water supply, drainage, sullage, sewage, sewerage alongwith disposal of drainage, sullage, sewage, position of septic tank, soak pit, rain harvesting tank, electric and telephone poles, showing manner and site for muck disposal, and all such other matters which need to be co-ordinated with the adjoining area;

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 * *As amended vide Himachal Pradesh Town and Country Planning (Fifth Amendment), Rules 2020 Permission for development before the preparation of Interim Development Plan or Development Plan.

Permission for development after preparation of*Interim Development Plan or Development Plan.

Intention of development undertaken on behalf of Union Government or State Government or local authority or any authority constituted under the Act.

(v) for sub-division of land into plots, three sets of Drawings in the scale of 1:100 showing North direction, dimensions and area of plots, internal roads, set backs, parks and open spaces, community buildings such as schools, dispensary, post office, bank etc. and all development proposals including a general report and mode so as to make scheme self explanatory;

(vi) for construction of building, Real Estate Projects**etc., three sets of Drawings in the scale of 1:100 showing North direction, dimensions and area of building, Real Estate Projects** etc. and other architectural details and Specifications of proposed building, Real Estate Projects**etc. alongwith Schedule of Area including built up and open area, set backs, structural stability certificate and soil investigation report as specified in rule 21 of these rules and any other information or document or plan or design, as may be required by the Director;

(vii) a note indicating the type of development proposed i.e. land use or building use, namely residential or commercial or industrial or public and semi-public etc;

and

(viii) the name and address of the registered Town Planner/ Architect/ Engineer/ Draughtsman/ Surveyor.

Note:-The Location Plan, Site Plan and Drawings can be drawn on single sheet or in multiple sheets depending upon the size and area of the land or building or apartment or colony, as the case may be.

*16. **(1) Any person, intending to carry out development of any land under sub-section (2) of section 15-A or clause (a) of section 16 or sub-section (1) of section 30 or section 30-A (beyond the limits as specified under section 30-A) of the Act may apply for such development in Form-11 for sub-division of land and Form-12 for construction of building alongwith the Specification and Schedule of area attached with the application form or for development of Real Estate Project may apply for such development in Form- 34 either personally or by post i.e. off line or online.

(2)Every application submitted under sub-section (2) of section 15-A or clause (a) of section 16 or sub-section (1) of section 30 or section 30-A (beyond the limits as specified under section 30-A) of the Act or the Real Estate Project** shall be accompanied by fee as specified below:- Sr.

No.

Component Unit per Square meter of built up area Municipal Limits Outside Municipal Limits i.e. Rural Area Residential Use ₹ Other than Residential Use ₹ Residential Use ₹ Other than Residential Use ₹ 1 Fee for building permission/sanction/re vision of building plan M2 8.00 10.00 5.00 8.00 2 Fee for addition/ alteration/revalidation M2 8.00 10.00 5.00 8.00 3 Fee for approval of Sub-division of land M2 2.50 1.00 4 Fee for Change of Land Use from the use as prescribed in the Interim development Plan/Development Plan to propose land use M2 16.00 20.00 10.00 16.00 * As amended vide Himachal Pradesh Town and Country Planning (Third Amendment), Rules 2018 ** As amended vide Himachal Pradesh Town and Country Planning (Fifth Amendment), Rules 2020 Form of application for permission of development.

6 Note:- (i) The Urban Local Bodies and Special Area Development Authorities shall have liberty to levy amended unitary fee under above components.

(ii) No fee shall be charged from the Below Poverty Line (BPL) families, Economically Weaker Sections (EWS) of the society and from the applicants of Social Housing Schemes notified by the Government from time to time upto 100 M2 plot area. This benefit may be availed by a family only once. However, if the plot area is above 100M2, the fee shall be charged on the additional area.

17 All the plans attached with the applications submitted under rule 15 and sub-rule (1) of rule 16 shall be prepared, designed and signed by Registered Private Professionals in accordance with the provisions of Appendix-10 of these rules.

18. The prescribed limits for the development activities exempted from permission under section 30-A of the Act shall be as given in Appendix-8 of these rules. For carrying out all the development activities by Union Government or State Government or Authority or a Local Authority or any person which are beyond the prescribed limits shall apply for permission to the Director under rule 15 and sub-rule (1) of rule 16 of these rules.

19. The permission for development of land applied under sub- section (2) of section 15- A or clause (a) of section 16 or section 28 or section 29 or section 30 or section 30-A (beyond the limits as specified under section 30-A) of the Act shall be granted in accordance with the provisions of the Act and these rules and shall be communicated to the person(s) concerned under section 31 of the Act in form-13 and copies thereof shall be sent to the Authority, Local Authorities and any other office concerned with the development works alongwith a copy of the approved plan.In case of observations, the same shall be handed over to the applicant(s) failing which, the same shall be sent through registered (AD) or by speed post. The plan shall be approved and signed by the Director, modifications, if any, shall be shown in red lines and one copy of approved plan shall be sent to the applicant(s). In case of excessive modifications, fresh plan shall be demanded incorporating the revised plan showing all the modifications communicated by the Director.Such order shall be handed over to the applicant(s). If applicant (s) is present, his acknowledgment shall be obtained.

In case applicant(s) is not present, such order shall be sent to him under registered (AD) or by speed post. In case of deemed permission, intimation on simple paper alongwith total period of application retained by the Director shall be given by the applicant to the Director and the deemed permission shall be communicated to the applicant by the Director, provided it is in conformity to the provisions of the Act, rules and regulations of the Interim Development Plan or Development Plan.

*19-A. The No Objection Certificate for releasing Service Connections or Completion Certificate in respect of the Building shall be granted by the Director after satisfying himself about completion of construction of building as per approved plan /revised sanction to be carried out by the owner.

The No Objection Certificate for releasing Service Connections or Completion Certificate shall be issued in Form-13-A.

20. The refusal for development of land applied under sub- section (2) of section 15-A or clause (a) of section 16 or section 28 or section 29 or section 30 (beyond the limits as specified under section 30-A) of the Act shall be communicated to the person(s) concerned under section 31 of the Act in form-14. Such order shall be handed over to the applicant(s). If applicant(s) is present his acknowledgment shall be obtained. In case applicant(s) is not present, such order shall be sent to him under registered (AD) or by speed post.

*As amended vide Himachal Pradesh Town and Country Planning (Fifth Amendment), Rules 2020 Registration, Qualification and Duties of Private Professionals.

Prescribed limits.

Form of permission and manner of communication.

Form of refusal and manner of communication.

7 *21(1) The Soil Investigation Report shall be submitted by the applicant before construction of building(s) for the areas falling in sliding and sinking zones as defined in the respective Interim Development Plans or Development Plans or for any reclaimed piece of land. The Soil Investigation Report shall be given by the Geologist in Form-

15.

(2) The Structural Stability Certificate shall be furnished by the applicant at the time of applying for permission and before putting the building into use. The Structural Stability Certificate shall be given by the Structural Engineer in Form-15.

Explanation- The minimum qualification for a Structural Engineer shall be Graduation in Civil Engineering of recognized Indian or foreign university or Institution of Engineers (India), and with minimum six years experience in structural engineering practice with designing and field work.

Note: (i) In the case of post-graduate degree of recognized Indian or foreign university in the branch of structural engineering, experience of four years shall be required and in the case of doctorate in structural engineering, experience of one year shall be required.”

(ii) Structural Engineer would be registered with the Department. Separate Notification for registration of Structural Engineer would be notified by the Administrative Department.

22. (1) Any applicant aggrieved by any order granting permission on conditions or refusing permission under section 31 of the Act or any order passed under any of the provisions of the Act may, within 30 days from the date of communication of such order to him, prefer an appeal in writing to an Officer not below the rank of Secretary, appointed by the State Government in this behalf in the following manner on form-

16.

(i) It shall specify the date of order against which the appeal is made. A copy of the order thereof shall be attached;

(ii) It shall specify a clear statement of facts and the grounds on which the appeal is made;

(iii) It shall specify precisely the relief prayed for; and

(iv) It shall contain the following verification certificate duly signed by the applicant(s):- “I …………………………do hereby declare that the fact and contents stated above are true to the best of my knowledge and belief”.

(2) The appeal under sub-rule (1) shall be accompanied by a fee of Rs. 100/- through Treasury Challan or through e-payment.

Note: These charges will be increased by 10% after a block of 5 years from the date of commencement of these rules. It will be rounded off to the nearest rupee.

23. (1) A copy of the order passed by the Appellate Authority shall be given to all the parties in the appeal, free of cost. However, additional copies may be supplied to an individual having interest in the proceedings before the Director, Appellate Authority or the Government, on an application submitted by the applicant.

*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 Structure Stability Certificate.

Supply of copies of order or proceedings of record.

(2) The application under sub-rule (1) shall be accompanied by a fee of Rs. 10/-. Further, the copies in A4 size shall be given @ Rs. 2/- per page of copy applied. The fee may be paid through Treasury Challan or through e-payment.

Note: These charges will be increased by 10% after a block of 5 years from the date of commencement of these rules. It will be rounded off to the nearest rupee.

24. The notice shall be served on the Government under sub-section (1) of section 35 of the Act, in form -17 so as to reach it within a period of 60 days from the date of publication of notice forcompulsory acquisition for the purpose of the Development Plan together with documentary proof of ownership, location plan and site plan.

25. Every order of revocation and modification of permission to development passed under sub-section (1) of section 37 of the Act, shall be communicated in form -18 and shall be handed over to the owner (s). If owner (s) is present his acknowledgment shall be obtained. In case owner (s) is not present, such order shall be sent to him under registered (AD) or by speed post.

26. The manner in which amount in lieu of expenditure incurred after the grant of permission may be assessed under section 37 of the Act, as under:-

(1) Every claim under sub-section (2) of section 37 of the Act shall be made to the Town and Country Development Authority or the Special Area Development Authority within 90 days from the date of service of the order of revocation or modification.

(2) The claim shall be made in writing supported by details of expenditure incurred in carrying out development according to the permission granted and a further detailed estimate of such of the expenditure as has been rendered abortive on account of an order of revocation or modification of permission originally granted both being prepared by a Registered Private Professional.A certified copy of the commencement certificate under which permission for development was originally granted shall accompany such claim. The Town and Country Development Authority or the Special Area Development Authority, as the case may be, shall forward such claim to the Town Planning Officer who after giving the owner(s) reasonable opportunity of being heard shall send his report to the Town and Country Development Authority or the Special Area Development Authority, as the case may be. The Town and Country Development Authority or the Special Area Development Authority, as the case may be, after considering the report of the Town Planning Officer shall assess and award, subject to provision of section 11 of the Act, such amount to the owner (s) as it thinks fit.

(3) Every order regarding claims preferred by the owners and passed under sub-section

(2) of section 37 of the Act, shall be communicated in form-19 and shall be handed over to the owner(s). If owner (s) is present his acknowledgment shall be obtained. In case owner (s) is not present, such order shall be sent to him under registered (AD) or by speed post.

(4) The notice of refusal to accept the amount offered by the Town and Country Development Authority or the Special Area Development Authority, as the case may be, shall be given by the owner(s) within 30 days from the date of receipt of the offer.

27. A show cause notice to afford reasonable opportunity of being heard shall be served upon the defaulter by the Director in form- 20 before issuing notice in form 21.

28. The notice under sub-section (1) of section 39 of the Act shall be in form-21 Notice by owner to purchase interest in land.

Manner of communication ofrevocation and modification orpermission to development.

Manner in which amount in lieu of expenditure incurred to be paid.

Form of notice for demolition.

Form of notice for demolition, alteration, discontinuation of unauthorized 9

29. The notice under sub-section (2) of section 39 of the Act shall be in form - 22.

However, the notice under this rule may be given only after the non-compliance of the notice given under rule 28.

30. The application under sub-section (3) of section 39 of the Act, shall be on the form as specified under sub-rule (1) of rule 35 of these rules.

*31. The order to stop unauthorized development under sub-section (1) of section 39-A of the Act, shall be in form -23.

32. Where any development after the service of the order under sub-section (1) of section 39-A of the Act is not stopped in pursuance of the notice served under rule 31of these rules, the Officer empowered by the Government or the Competent Authority, as the case may be, shall, by an order in form-24, request the Station House Officer of the nearest Police Station to deploy adequate Police force to remove the person(s) by whom development has been commenced and all his assistants and workman from the place of development and seize the construction materials, tools, machinery, scaffolding or the things used in such development and article so seized shall be dealt with or disposed of in accordance with the provisions of sub-sections (3) and (4) of section 39-A of the Act.

33. Where the Competent Authority has failed to make an order to stop the development under sub-section (1) of section 39-A of the Act, and in case such order of stoppage has been made, has failed to requisition Police assistance under sub-section (2) of section 39-A of the Act, for a period of sixty days, the Government may, after calling, for the report of the Competent Authority concerned, direct the Competent Authority or any other Officer as the Government may deem fit, to make the order to stop the development under sub-section (1) of section 39-A of the Act, or as the case may be, requisition the Police assistance under sub-section (2) of section 39-A of the Act and such Competent Authority or the Officer shall carryout such directions.

34. (1) Wherever it is considered expedient to seal any unauthorized development under subsection (1) of section 39-B of the Act, the Officer of the Government empowered in this behalf, or as the case may be, the Competent Authorityshall afford, in form- 25, the reasonable opportunity of being heard to the persons against whom the order is purported to be made.

** (2) Wherever any un-authorized part of a building is sealed under the provisions of subsection (1) of Section 39-B of the Himachal Pradesh Town & Country Planning Act, 1977, the Officer of the Government empowered in this behalf shall ensure that—

(a) the sealing is done in such a manner that the sealed portion is rendered nonusable. This may be done by sealing all the doors and windows by way of brick-walls, breaking/sealing the stair-case leading to the un-authorized portion and taking such measures as may be considered essential;

(b) if the un-authorized portion is sealed to the satisfaction of the Officer of the Government empowered in this behalf, the remaining portion of the building may be allowed to be used temporarily and services be re-connected if the violator/ owner agrees to remove the part of remaining un-authorized portion of the building within a Application for composition of offences.

Form of order to stop unauthorized development Form of notice to stop or seal the un-authorized development.

Sealing of unauthorized development.

Police Assistance * As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 ** As amended vide Himachal Pradesh Town and Country Planning (Second Amendment), Rules 2018 10 period of one year after obtaining an Undertaking in Form 25-A appended to these rules:

Provided that no sealing may be done on the part of building which has been approved by the Competent Authority.

Explanation.—Notwithstanding anything contained in Interim Development Plan and Development Plans prepared for Planning Areas and Special Areas and in areas referred under Appendix-I appended to these Rules, the provisions contained in this sub-rule shall apply alongwith Form 25-A.”.

35. (1) Any person, not being the Union Government or Government or a Local Authority or an Authority constituted under the Act, may apply, under sub-section (1) of section 39-C of the Act, in form- 26 to the Director for composition of offences. The permission for composition of offences shall be conveyed in form- 27.

(2) Every application submitted under sub-section (1) of section 39-C of the Act, shall be accompanied by a fee of Rs.200/- deposited into the Government Treasury, under the appropriate Head of Account through Treasury Challan or through e-payment.

(3) Composition fee shall be charged from the applicant at the rates specified below:- Sr.

No.

Offence Composition Fee

1. In case of building where plan was approved and deviations have been carried out from the approved plan beyond the permissible limits as specified under rules and Regulations to the extent of 10% over any or all the set backs on ground floor and all the subsequent floors.

(If the deviations are within the permissible limits, applicant need to get revised plan approved by paying the fee as specified and applicable under sub-rule (2) of rule 16 of these rules.)

(i) In the case of building falling withinjurisdiction of Municipal Area @ Rs. 800/-per M2 for ground floor level and @ Rs.

400/-per M2 foreach subsequent floor level; and

(ii) In the case of building falling outside the jurisdiction of Municipal Area @ Rs. 400/-per M2 for ground floor level and @ Rs. 200/- per M2 for each subsequent floor level.

*2. In case of building where plan was not approved but construction carried out is as per the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), the Himachal Pradesh Town and Country Planning Rules, 2014 and Regulations of Interim Development Plan or Development Plan.

The structure so constructed shall be regularized on payment of composition fee equal to 4 times of fee as specified and applicable under sub-rule (2) of rule 16 of these rules.

*3. In case of building where plan was not approved and deviations have also been carried out beyond the permissible limits as specified under rules and Regulations to the extent of 10% over any or all the set backs on ground floor and all the subsequent floors.

The structure so constructed shall be regularized on payment of composition fee equal to 6 times of fee as specified and applicable under sub-rule (2) of rule 16 of these rules.

Composition of offences.

* As amended vide Himachal Pradesh Town and Country Planning (Fourth Amendment), Rules, 2019 11

4. Building constructed on an under size plot to the extent of 10% less than the permissible plot size as specified under rules and Regulations.

(i) In the case of building falling within the jurisdiction of Municipal Area, @ Rs. 5000/- lump sum in addition to fee asspecified and applicable under sub-rule (2) of rule 16 of these rules; and

(ii) In the case of building falling outside the jurisdiction of Municipal Area, @ Rs. 2000/- lump sum in addition to fee as specified and applicable under sub-rule (2) of rule 16 of these rules.

*Note:- (i)The charges under rule 35 will be increased by 10% after a block of 5 years from the date of commencement of these rules. It will be rounded off to the nearest rupee;

(ii)The deviations in Floor Area Ratio shall not require to be calculated separately, once deviations in individual floors in case of approved plan have been calculated.

However, in case of totally un-authorized construction no extra storey more than permissible under the Development Plan, Interim Development Plan or rules under sections 15-A or 16 of the Himachal Pradesh Town & Country Planning Act, 1977 shall be allowed.”

Provided that the Government may exempt suchareas from the application of this rule, if the Local Authorities of such areas have framed their own rules, for this purpose. The offender shall be levied composition fee under such rules, wherein the rates of composition fee are on higher side but shall not be levied composition fee under both such Rules. The Government may direct the Municipal Authorities to amend its building Bye-Laws as per the Himachal Pradesh Town and Country Planning Act, 1977 and these Rules:

Provided further that each offence shall be compounded separately.

CHAPTER-V TOWN AND COUNTRY DEVELOPMENT AUTHORITY

36. (1) The Town and Country Development Authority shall publish a notice under subsection (2) of section 52 of the Act, in form -28 declaring intention of making a Town Development Scheme in the Official Gazette not later than thirty days from the date of declaration of intention to make Scheme and by means of an advertisement in one or more news papers having wide circulation in the locality. Copies thereof shall also be made available for inspection in the office of the Town and Country Development Authority concerned.

(2) Notice under sub-section (3) and sub-section (7) of section 52 of the Act, shall be in form -29 and form- 30 respectively and shall be published in the Official Gazette and in one or more news papers having wide circulation in the locality.

* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 Preparation of Town Development Scheme.

37. The land acquired by the State Government under section 58 of the Act, shall vest in the Town and Country Development Authority, subject to the law for the time being in force.

38. (1) Notice of intention to levy development charges under sub-section (1) of section 62 of the Act, shall be in form -31 and shall be published in the Official Gazette and in one or more news papers having wide circulation in the area. Copies of the said notice shall also be affixed in the concerned offices of the Town and Country Development Authority.

(2) Notice under sub-section (4) of section 62 of the Act, for the assessment of development charges shall be in form -32.

39. The Town and Country Development Authority may borrow money under section 65 of the Act, subject to the following terms and conditions, namely:-

(i) the Town and Country Development Authority may with the prior approval of the Government borrow money by issuing debentures for the purpose of the Act;

(ii) the amount of money to be borrowed by issue of debentures. The issue price of debenture and terms and maturity shall be determined by the Authority with the prior approval of the Government;

(iii) the rate of interest which debentures would carry shall be such as may, be fixed by the State Government;

(iv) no debentures shall be issued, except with the guarantee by the Government as to the repayment of principal and payment of interest;

(v) a sinking fund shall be constituted for the redemption of debentures and in case of any failure on this account an immediate report with reasons for such failure shall be made to the Government. The Authority shall be bound by such directions as may be issued by the Government in this behalf;

(vi) debentures shall be negotiable by endorsement and delivery;

(vii) the Authority may with the sanction of the Government reserve the debenture*bond for issuing to any particular person or institution or have the debenture(s) under written;

(viii) brokerage and underwriting commission at such rate as may be fixed by the Authority from time to time shall be paid to banks, brokers and others on their applications and also on applications received through them, bearing their seal;

(ix) applications for the issue of debenture(s) shall be made to the Authority in form- 33;

(x) subscriptions to the debentures may be made by cheques or demand drafts drawn in favour of the Town and Country Development Authority;

(xi) if the subscriptions exceed the total amount of the debentures issued, partial allotment may be made and the balance of the sum paid at the time of applications, shall be refunded as soon as possible. No interest shall be paid on the amount so refunded. The Authority may reserve the right to retain the subscriptions, received upto ten percent in excess of the sum floated;

(xii) the debentures shall be issued in the denomination of Rs. 100/-, Rs. 500/-, Rs.

1,000/-, Rs. 5,000/-, Rs. 25,000/-, Rs. 50,000/-, Rs.1, 00,000/- and Rs. 5, 00,000/-;

*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 Acquisition of land.

Mode of levy.

Power to borrow money.

(xiii) the interest on debentures shall be paid half yearly. The interest is subject to the payment of income tax;

(xiv) the debentures shall be redeemable on dates noted therein and the holder(s) shall have no claim(s) upon the Authority for the interest accruing after the expiry of the term;

(xv) debentures which by reasons of damage sustained have become unfit for circulation shall be replaced at the request to the holder(s) on surrendering the damaged or defaced debentures, provided that the essential marks for genuineness and identity such as the number, the amount, the rate of interest, the date and signature of the Chairman and the member of the Authority are still recognizable. Fresh debentures shall also be issued to replace the lost or destroyed debentures when in the opinion of the Authority the fact of destruction is proved beyond doubt. When such proof is not produced or when in case of damage the essential marks in the debentures are lost and are no longer recognizable or the *debentureshave been lost or has been mislead, a new debenture may be issued only after the debenturewhich is alleged to be missing or un-recognizable has been advertised by the claimant and in the manner specified by the Authority and is not claimed by any other person; and

(xvi) the re-issue of the debenture shall be made for the same amounts under the same number with the addition of the word “Re-newed”. A fee of Rs10/- shall be charged for every renewed debenture to be issued.

CHAPTER-VI SPECIAL AREAS

40.(1) The Special Area Development Authority may for the purpose of the Act, raise loans under sub-section (3) of section 72 of the Act, in pursuance of a resolution passed at a special meeting convened for the purpose:

Provided that:

(i) no loan shall be raised without the prior sanction of the Government; and

(ii) the terms upon, the period within, and the method by which the loan is to be raised and repaid shall be subject to these rules and the approval of the Government.

(2) The Special Area Development Authority shall maintain a sinking fund for the repayment of loans raised under sub-rule (1) and shall pay every year in the sinking fund, such *amount, as may be sufficient for repayment, within the period fixed for all loans so raised.

(3) The sinking fund or any part thereof shall be applied in or towards the discharge of the loan for which such fund was operated and until such loan is wholly discharged, it shall not be applied for any other purpose.

*40-A The Special Area Development Authority may levy the infrastructure and maintenance charges on commercial establishments including industries, hotels, brick kiln, apartments, shopping malls etc. which may be utilized on development and maintenance of infrastructure like roads, parks, parking, etc. at such rates as may be notified by the Special Area Development Authority concerned with the prior approval of the Government”.

*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 Terms and conditions subject to which loan may be raised by the Special Area Development Authority.

Infrastructure and Maintenance Charges 14

CHAPTER- VII REGISTRATION OF PROMOTERS AND ESTATE AGENTS

41. The Regulations for development of Real Estate Projects shall be as specified in Appendix-7.

***** *As amended vide Himachal Pradesh Town and Country Planning (Fifth Amendment), Rules 2020 Regulations for Real Estate Project 15 TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM-1 (See rules - 3 and 4) NOTICE OF PUBLICATION OF DRAFT REGIONAL PLAN No…………. Dated……….

In exercise of the powers vested under sub-section (1) of section 8 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977)theNotice is hereby given that the draft Regional Plan for …………………………… (Region) has been prepared in accordance with the provisions contained in aforesaid sub-section and a copy thereof is available for inspection during office hours in the following offices:- 1…………………………..

2…………………………..

3…………………………..

4…………………………..

The particulars of the said draft plan have been specified in the Schedule below.

If there be any objection or suggestion with respect to the draft plan, it should be sent in writing to the Director, Town and Country Planning Department, Himachal Pradesh, Shimla before the expiry of sixty days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

SCHEDULE

1. The Existing Land Use Map and its narrative report thereon.

2. A narrative report explaining the provisions of the draft plan supported by necessary maps and charts.

3. A notice indicating the priorities assigned to works included in the draft plan and the phasing of the programme of development as such.

4. A notice on the role being assigned to different Departments of Government, the Town and Country Development Authority, the Special Area Development Authorities and the Local Authorities in the enforcement and implementation of draft plan.

Place……………………..

Date……………………… Director Town and Country Planning Department Himachal Pradesh, Shimla Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notice in one or more newspapers in circulation in the Region.

2. The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette publication may be sent to this office.

3. All the Town and Country Planners in Town and Country Planning Department, Himachal Pradesh.

4. All the Assistant Town Planners in Town and Country Planning Department, Himachal Pradesh.

5. Notice Board.

Director Town and Country Planning Department Himachal Pradesh, Shimla 16 GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT FORM -2 (See rule 5) NOTIFICATION OF APPROVAL AND NOTICE OF PUBLICATION OF APPROVED REGIONAL PLAN No………. Dated……….

Whereas, the Regional Plan for…………………..(Region)waspublished by the Director, Town and Country Planning Department, Himachal Pradesh, Shimla vide Notice No…………………………………..dated……..…….for inviting objection(s) or suggestion(s).The objection(s) or suggestion(s) received were duly considered and the modifications were made, wherever required / no objection or suggestion was received.

Now,in exercise of the powers vested under sub-section (1) of section 9 of the Himachal Pradesh Town and Country Planning Act, 1977 ( Act No. 12 of 1977), the Governor, of Himachal Pradesh is pleased to approve the Regional Plan for …………………………………(Region) without modifications and the said Regional Plan is hereby published as required under sub-section (2) of section 9 of the Act ibid and a copy of the said plan is available for inspection during office hours in the following offices:- 1 …………………………………………………………………………… 2 …………………………………………………………………………..

3 …………………………………………………………………………..

4 …………………………………………………………………………...

The said Regional Plan shall come into operation with effect from the date of its publication in the Official Gazette of Himachal Pradesh.

Place__________ Date__________ Secretary (TCP), to the Government of Himachal Pradesh Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notification in one or more newspapers in circulation in the Region.

2. The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for publication of this Notification in the Official Gazette of Himachal Pradesh. A copy of Gazette publication may be sent to this office.

3. The Director, Town and Country Planning Department Himachal Pradesh, Shimla.

4. Notice Board.

Secretary (TCP), to the Government of Himachal Pradesh 17 GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT FORM-3 (See rule-6) NOTICE OF MODIFICATIONS IN THE REGIONAL PLAN No……….. Dated……… Whereas, the draft Regional Plan for ……………………(Region) waspublished by the Director, Town and Country Planning Department, Himachal Pradesh, Shimla under Rule 2 of the Himachal Pradesh Town and Country Planning Rules, 2014 vide Notice No…………………………………dated………..for inviting objection(s) and suggestion(s), which were duly considered and the modifications were made, wherever required/ no objection or suggestion was received and the draft Regional Plan was submitted to the Government for approval.

Now, in exercise of the powers vested under sub-section (1) of section 9 of Himachal Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977), the Governor, Himachal Pradesh proposes to approve the aforesaid Regional Plan for ………………( Region) with modifications as specified in the Schedule below and the same is hereby published for inviting objection(s) and suggestion(s) thereon, as required under the proviso to sub-section (2) of section 9 of the Act ibid.

Any objection or suggestion with respect to the said modifications may be submitted by any person to the Secretary (Town and Country Planning) to the Government of Himachal Pradesh, Shimla in writing within a period of thirty days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh and such objection or suggestion which may be received before the expiry of the period specified above, will be considered by the State Government.

SCHEDULE 1 ………………………………… 2 ………………………………… 3 ………………………………… 4 ………………………………… Place……………… Date……………….

Secretary (TCP), to the Government of Himachal Pradesh Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notice in one or more newspapers in circulation in the Region.

3. The Director, Town and Country Planning Department Himachal Pradesh, Shimla.

4. Notice Board.

Secretary (TCP), to the Government of Himachal Pradesh 18 GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT FORM-4 (See rule 7) NOTIFICATION OF APPROVAL OF THE REGIONAL PLAN No……….. Dated……… Whereas, the Regional Plan for ……………………(Region) waspublished by the Secretary, (Town and Country Planning) to the Government of Himachal Pradesh, Shimla vide Notice No…………………………dated………… for inviting objection(s) and suggestion(s) on the modifications, which were duly considered and further modifications have been made, wherever required/no objection or suggestion was received on the modifications.

Now, inexercise of the powers vested under sub-section (1) of section 9 of Himachal Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977), the Governor, Himachal Pradesh is pleased to approve the Regional Plan for ………………(Region) with modifications and the said Regional Plan is hereby published as required under sub-section (2) of section 9 of the Act ibid. A copy of the said plan is available for inspection during office hours in the following offices:- 1 ……………………………………………………………………………..

2 …………………………………………………………………………….

3 ……………………………………………………………………………..

4 .…………………………………………………………………………….

The said Regional Plan shall come into operation with effect from the date of its publication in the Official Gazette of Himachal Pradesh.

Place……………… Date……………….

Secretary (TCP), to the Government of Himachal Pradesh Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notice in one or more newspapers in circulation in the Region.

3. The Director, Town and Country Planning Department Himachal Pradesh, Shimla.

4. Notice Board.

Secretary (TCP), to the Government of Himachal Pradesh 19 TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM -5 (See rule -8) NOTICE OF PUBLICATION OF EXISTING LAND USE MAP No…………... Dated……….

In exercise of the powers vested under sub-section (1) of section 15 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Notice is hereby given that the Existing Land Use Map for …………………………(Planning/ Special Area) has been prepared under sub-section (1) of section 15 of the Act ibid and a copy thereof is available for inspection during office hours in the following offices:- 1 .……………………………………………………………………...

2 ……………………………………………………………………… 3 …………………………………………………………………………….

4 …………………………………………………………………………….

If there be any objection or suggestion with respect to the Existing Land Use Map so prepared, it should be sent in writing to the Director, Town and Country Planning Department, Himachal Pradesh, Shimla within a period of thirty days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Any objection or suggestion which may be received from any person with respect to the said Existing Land Use Map before the period specified above will be considered by the Director.

Place…………………………...

Date…………………………… Director Town and Country Planning Department Himachal Pradesh, Shimla Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh Shimla for publication of this Notice in one or more newspapers in circulation in the Planning / Special Area.

3. All the Town and Country Planners in Town and Country Planning Department, Himachal Pradesh.

4. All the Assistant Town Planners in Town and Country Planning Department, Himachal Pradesh.

5. Notice Board.

Director Town and Country Planning Department Himachal Pradesh, Shimla 20 TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM -6 (See rule - 9) NOTICE OF ADOPTION OF EXISTING LANDUSE MAP No……. Dated……….

Whereas, objections and suggestions were invited vide Notice No…………………………………………dated………. with respect to the Existing Land Use Map for………………(Planning/ Special Area) under sub-section (1) of section 15 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977); and whereas, no objection or suggestion has been received.

Or Whereas, objections and suggestions were received which were considered and rejected.

Or Whereas, objections and suggestions were received and the modifications have been made in the said Existing Land Use Map, wherever, required.

Now, therefore, in exercise of the powers vested under sub-section (3) of section 15 of the Act ibid, Notice is given that the Existing Land Use Map for ………………….. (Planning/Special Area) is hereby adopted with modifications/ without modifications and a copy thereof is available for inspection during office hours in the following offices:- 1………………………………………………………………………………..

2………………………………………………………………………………..

3………………………………………………………………………………..

4………………………………………………………………………………..

The said Existing Land Use Map shall come into operation with effect from the date of publication of this Notice in the Official Gazette of Himachal Pradesh and it shall be conclusive evidence of the fact that the Map has been duly prepared and adopted.

Place………………………… Date………………………….

Director Town and Country Planning Department Himachal Pradesh, Shimla Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notice in one or more newspapers in circulation in the Planning / Special Area.

3. All the Town and Country Planners in Town and Country Planning Department, Himachal Pradesh.

4. All the Assistant Town Planners in Town and Country Planning Department, Himachal Pradesh.

5. Notice Board.

Director Town and Country Planning Department Himachal Pradesh, Shimla 21 GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT FORM -7 (See rule -10) NOTIFICATION OF APPROVAL AND NOTICE OF PUBLICATION OF APPROVED INTERIM DEVELOPMENT PLAN No……………. Dated………………… In exercise of the powers vested under sub-section (4) of section 17 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977), the Governor, Himachal Pradesh is pleased to approve the Interim Development Plan for ……………….(Planning/ Special Area).

Now, as required under sub-section (5) of section 17 of the Act ibid, the Governor, Himachal Pradesh is pleased to publish the said Interim Development Plan which shall come into operation from the date of publication of this Notification in the Official Gazette of Himachal Pradesh and shall be binding on all local authorities within the said Planning/ Special Area. Notice is hereby given that a copy of the said Interim Development Plan is available for inspection during office hours in following offices:- 1……………………………………………………………………………… 2……………………………………………………………………………… 3……………………………………………………………………………… 4……………………………………………………………………………… Place……………… Date……………….

Secretary (TCP), to the Government of Himachal Pradesh Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notification in one or more newspapers in circulation in the Region.

3. The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

4. Notice Board.

Secretary (TCP), to the Government of Himachal Pradesh 22 TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM-8 (See rule-11) NOTICE OF PUBLICATION OF DRAFT DEVELOPMENT PLAN OR SECTORAL PLAN No……….. Dated……….

In exercise of the powers vested under sub-section (1) of section 19 orsection 23 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), the draft Development Plan for …………………(Planning / Special Area) ordraftSectoral Plan for Sector……………of Development Plan for…………………(Planning / Special Area), is hereby published and the Notice is given that a copy of the said draft Development Plan or draftSectoral Plan is available for inspection during the office hours inthe following offices:- 1…………………………………………………………………………………… 2…………………………………………………………………………………… 3…………………………………………………………………………………… 4…………………………………………………………………………………… The particulars of the said draft Development Plan or draft Sectoral Plan have been specified in the Schedule below.

If there be any objection or suggestion with respect to the said draft Development Plan or draft Sectoral Plan, it should be sent in writing to the Director, Town and Country Planning Department, Himachal Pradesh, Shimla within thirty days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

SCHEDULE

1. The Existing Land Use Maps.

2. A narrative report, supported by maps and charts explaining the provisions of the draft Development Plan or draft Sectoral Plan.

3. The phasing of implementation of the draft Development Plan or draft Sectoral Plan as suggested by the Director.

4. The provisions for enforcing the draft Development Plan or draft Sectoral Plan and stating the manner in which permission for development may be obtained.

5. An approximate estimate of the cost of land acquisition for public purposes and the cost of works involved in the implementation of the draft Development Plan or draft Sectoral Plan.

Place……………….

Date……………….. Director Town and Country Planning Department, Himachal Pradesh, Shimla Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notice in one or more newspapers in circulation in the Planning / Special Area.

3. All the Town and Country Planners in Town and Country Planning Department, Himachal Pradesh.

4. All the Assistant Town Planners in Town and Country Planning Department, Himachal Pradesh.

5. Notice Board.

Director Town and Country Planning Department, Himachal Pradesh, Shimla 23 GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT FORM-9 (See rule- 12(1)) NOTICE OF MODIFICATIONS IN THE DEVELOPMENT PLAN OR SECTORAL PLAN No…………… Dated……….

Whereas, the draft Development Plan for…………..(Planning/Special Area) or draft Sectoral Plan for Sector……………….of Development Plan for ……………..(Planning/Special Area) was published by the Director, Town and Country Planning Department, Himachal Pradesh, Shimla under Rule 11 of the Himachal Pradesh Town and Country Planning Rules, 2014 vide Notice No…………………………......dated………...for inviting objection(s) and suggestion(s), which were duly considered and the modifications were made, wherever required and the draft Development Plan or draft Sectoral Plan was submitted to the Government for approval.

As required under sub-section (2) of section 20 or section 23 of the Act, ibid, Notice is hereby given to invite objection (s) or suggestion(s) to the said modifications within a period of thirty days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Any objection or suggestion with respect to the said modifications may be submitted by any person to the Secretary, (Town and Country Planning) to the Government of Himachal Pradesh, Shimla in writing within a period of thirty days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh and such objection or suggestion which may be received before the expiry of the period specified above will be considered by the State Government.

SCHEDULE

1. ...……………………………………………………………………………….

2. …………………………………………………………………………………

3. …………………………………………………………………………………

4. ………………………………………………………………………………… Place ………………………..

Date………………………… Secretary (TCP) to the Government of Himachal Pradesh Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notice in one or more newspapers in circulation in the Planning / Special Area.

3. The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

4. Notice Board.

Secretary (TCP) to the Government of Himachal Pradesh 24 GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT FORM-10 (See rule -12(2)) NOTIFICATION FOR APPROVAL AND NOTICE OF PUBLICATIONOF DEVELOPMENT PLAN OR SECTORAL PLAN No……. Dated……….

Whereas, the draft Development Plan for………………(Planning/Special Area) or draft Sectoral Plan for Sector…………of Development Plan for ……………(Planning/Special Area) was published by the Director, Town and Country Planning Department, Himachal Pradesh, Shimla under Rule 11 of the Himachal Pradesh Town and Country Planning Rules, 2014 vide Notice No……………………………dated…………for inviting objection(s) and suggestion(s), which were duly considered and the modifications were made, wherever required /no objection or suggestion was received on the modifications and the Development Plan or Sectoral Plan was submitted to the Government for approval.

Or Whereas, objections and suggestions were invited on modifications by the undersigned under Rule 12(1) of the Himachal Pradesh Town and Country Planning Rules, 2014 vide Notice No…………………………dated…………with respect to the draft Development Plan for………………(Planning/Special Area) or draft Sectoral Plan for Sector…………of Development Plan for …………….(Planning/Special Area); and whereas no objection or suggestions has been received.

Or Whereas, objections and suggestions were received which were considered and rejected.

Or Whereas, objections and suggestions were received and the modifications have been made in the said draft Development Plan or draft Sectoral Plan.

Now, in exercise of the powers vested under sub-section (1) of section 20 or section 23 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977), the Governor, Himachal Pradesh is pleased to approve the Development Plan for…………..(Planning/Special Area) or Sectoral Plan for Sector……………of Development Plan for …………(Planning/Special Area), with modifications/ without modifications and the same is hereby published in the Official Gazette of Himachal Pradesh as required under subsection (4) of section 20 or section 23 of the Act ibid. A Notice is hereby given that a copy of the said Development Plan or Sectoral Plan is available for inspection during office hours in the following offices:- 1…………………………………………………………………………………..

2…………………………………………………………………………………..

3…………………………………………………………………………………..

4…………………………………………………………………………………..

The said Development Plan or Sectoral Plan shall come into operation from the date of the publication of this Notification in the Official Gazette of Himachal Pradesh.

Place ………………………...

Date………………………….

Secretary (TCP) to the Government of Himachal Pradesh 25 Copy to:-

1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for publication of this Notification in one or more newspapers in circulation in the Planning / Special Area.

3. The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

4. Notice Board.

Secretary (TCP) to the Government of Himachal Pradesh …………………………………………………………………………………………………… FORM-11 (See rule 16(1)) FORM OF APPLICATION FOR PERMISSION UNDER SUB-SECTION (2) OF SECTION 15-A OR CLAUSE (a) OF SECTION 16 OR SUB-SECTION (1) OF SECTION 30 OR SECTION 30-A (BEYOND THE LIMITS AS SPECIFIED UNDER SECTION 30-A) OF THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (ACT NO. 12 OF 1977) FOR SUB-DIVISION /DEVELOPMENT OF LAND No…………………… Dated………………… To The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

Sir, *“I/we hereby apply for permission to undertake / carry out the sub-division/ development of land in Khata No……………Khatauni No………………. Hadbast No……………………………….Mauja/ Mohal No……………….……………………. .Khasra No.…………………measuring……….. square Meter, over which I/We possess the necessary ownership rights, situated at Street/ Road/ Ward No. ………………………. Block No…………….. Plot No……………….. of Scheme………………… (Name of the Scheme, if any) Village………………..Post Office…………………….. Tehsil……………… District……………. Himachal Pradesh”.

I/We hereby submit the following documents:-

(i) a copy of title/ownership documents i.e. latest jamabandi in original.

*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 26

(iv) three sets of Site Plan in the scale of 1:200 showing North direction and all the boundaries of land in question, abutting path with its width, natural features like nullahs, ponds, tress, slopes, contours at an interval of 5.00 Metres if the land is undulated, high tension lines passing through or adjoining the land, existing roads, highways showing the right of way, railway lines, airports with their specification(s) and boundaries, showing details of utilities and services like water supply, drainage, sullage, sewage, sewerage alongwith disposal of drainage, sullage, sewage, position of septic tank, soak pit, rain harvesting tank, electric and telephone poles, showing manner and site for muck disposal and all such other matters which need to be co-ordinated with the adjoining area.

(vi) a note indicating the type of development proposed i.e. land use or building use, namely residential orcommercial or industrial or public and semi-public etc.

Certified that the plans have been prepared, designed and signed by Sh./Smt./M/s……………………………….(Name and address of the registered Town Planner/ Architect/ Engineer/ Draughtsman/ Surveyor) having Registration No…………………….dated…………….

I/We have deposited a fee of Rs……..only (Rupees…………only) in accordance with the scale as specified under sub-rule (2) of Rule 16 of the Himachal Pradesh Town and Country Planning Rules, 2014.

Enclosers: As above. Yours faithfully, (Signature of the Applicant(s)) Address…………………………..

…………………………………...

Phone No………………………...

*e-mail address…………………..

*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 27 FORM-12 (See rule 16(1)) FORM OF APPLICATION FOR PERMISSION UNDER SUB-SECTION (2) OF SECTION 15-A OR CLAUSE (a) OF SECTION 16 OR SUB-SECTION (1) OF SECTION 30 OR SECTION 30-A (BEYOND THE LIMITS AS SPECIFIED UNDER SECTION 30-A) OF THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (ACT NO. 12 OF 1977) FOR DEVELOPMENT OF LAND / CONSTRUCTION OF BUILDING No………… Dated………… To The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

Sir, *“I/we hereby apply for permission to erect/ re-erect, to make addition or alteration, to undertake repairs to a building on a piece of land inKhata No……………Khatauni No………………. Hadbast No………………….. Mauja/ Mohal No.

……………………. .Khasra No.…………………measuring……….. square Meter, over which I/We possess the necessary ownership rights, situated at Street/ Road/ Ward No.

………………………. Block No…………….. Plot No……………….. of Scheme………………… (Name of the Scheme, if any) Village………………..Post Office…………………….. Tehsil……………… District……………. Himachal Pradesh”.

I/We hereby submit the following documents:-

(i) a copy of title/ownership documents i.e. latest jamabandi in original.

(iv) three sets of Site Plan in the scale of 1:200 showing North direction and all the boundaries of land in question, abutting path with its width, natural features like nullahs, ponds, tress, slopes, contours at an interval of 5.00 Metres if the land is undulated, high tension lines passing through or adjoining the land, existing roads, highways showing the right of way, railway lines, airports with their specification(s) and boundaries, showing details of utilities and services like water supply, drainage, sullage, sewage, sewerage alongwith disposal of drainage, sullage, sewage, position of septic tank, soak pit, rain harvesting tank, electric and telephone poles, showing manner and site for muck disposal and all such other matters which need to be co-ordinated with the adjoining area.

(v) for construction of building, apartment, colony etc., three sets of Drawings in the scale of 1:100 showing North direction, dimensions and area of building, etc. and other architectural details and Specifications (enclosed herewith) of proposed building, apartment, colony etc alongwith Schedule of Area (enclosed herewith) including built up and open area, set backs.

*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 28

(vi) A copy of Structural Stability Certificate and a copy of Soil Investigation Report (for the areas falling in sliding and sinking zones as defined in respective Interim Development Plans or Development Plans or for any re-claimed piece of land). (Strike out which is not applicable).

(vii) a note indicating the type of development proposed i.e. land use or building use, namely residential or commercial or industrial or public and semi-public etc.

Certified that the plans have been prepared, designed and signed by Sh./Smt./M/s…………………………(Name and address of the registered Town Planner/ Architect/ Engineer/ Draughtsman/ Surveyor) having Registration No…………………….dated………and the Structural Stability Certificate has been issued by Sh./ Smt./ M/s ……………………(Name and address of the registered Civil Engineer) having Registration No………………dated……and the Soil Investigation Report has been issued by Sh./Smt./M/s……………………(Name and address of the registered Geologist) having Registration No…………………..dated…………(Strike out which is not applicable).

I/We have deposited a fee of Rs……..only (Rupees…………………only) in accordance with the scale as specified under sub-rule (2)of Rule 16 of the Himachal Pradesh Town and Country Planning Rules, 2014.

Enclosers: As above. Yours faithfully, (Signature of the Applicant(s)) Address…………………………..

…………………………………...

Phone No………………………...

*e-mail address………………….

SPECIFICATIONS

1. Total plot area = M2

2. Total built up area of each floor:-

(i) Ground floor = M2

(ii) First floor = M2

(i) Second floor = M2

(ii) Third floor = M2

(iii) Fourth floor = M2

(iv) ……………... = M2

3. The purpose for which it is intended to use the building…………………

4. Specification to be used in theconstruction of:-

(i) Foundation…………………………………………………………

(ii) Walls………………………………………………………………

(iii) Floors………………………………………………………………

(iv) Roofs……………………………………………………………… *As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 29

5. Number of storeys of which the building will consist = Nos.

6. Approximate number of persons proposed to be accommodated = Nos.

7. The number of toilets proposed to be provided = Nos.

8. Whether the site has been built upon before or not, if so, when did the previous building cease to be fit for occupation………………………………………………………………

9. Source of water to be used for purposed building ………………………………………...

…………………………..

Signature of Applicant(s)

SCHEDULE OF AREA

1. Schedule of Area:-

(i) Built up area. = M2

(ii) Open area = M2

(iii) Total plot area = M2

2. Schedule of Open Spaces:-

(i) Front Set Back = M

(ii) Left Side Set Back = M

(iii) Right Side Set Back = M

(iv) Rear Set Back = M …………………………… Signature of Applicant(s) …………………………………………………………………………………………………… 30 Registered (AD) /Speed Post TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM- 13 (See rule-18 and 19) FORM OF PERMISSION FOR DEVELOPMENT/ SUB-DIVISION OF LAND/ CONSTRUCTION OF BUILDING No………………… Dated …………...

ORDER To Sh./Smt./M/s……………………… ……………………………………..

……………………………………..

Subject:- Permission for development/Sub-division of land/ construction of building.

Reference:- Your Application No…………………………….Dated………………..

You are hereby granted permission undersection 31 as applied by you under section 28 or section 29 or section-30 or section 30-A (beyond the limits as specified under section 30-A) of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977)to carry out the development/sub-division of land/ construction of buildingas mentioned in your Application under reference, subject to the following conditions, namely:-

1. Building permission shall be obtained from the local authorities concerned before the commencement of the development.

2. The building operations shall be carried on strictly in accordance with the approved building plan.

3. The permission is valid for a period of three years. After lapse of permission you shall have to apply for extension of permission.

4. One copy of the approved plan is enclosed herewith.

Please acknowledge the receipt of this order.

Enclosers: As above.

Director Town and Country Planning Department, Himachal Pradesh, Shimla Copy to:-

1. The Commissioner, Municipal Corporation/ Executive Officer, Municipal Council / Secretary, Nagar Panchayat…………alongwith a copy of the approved plan for information and further necessary action.

2. The Chairman, Town and Country Development Authority…… alongwith a copy of the approved plan for information and further necessary action.

3. The Registrar/ Sub-Registrar, Sub-Tehsil/ Tehsil………District………Himachal Pradesh alongwith a copy of the approved plan for information and making necessary entries in the Revenue record.

Enclosers: As above.

Director Town and Country Planning Department, Himachal Pradesh, Shimla 31 TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH *FORM-13-A (See rule 19-A) NO OBJECTION CERTIFICATE FOR RELEASING SERVICE CONNECTIONS OR COMPLETION CERTIFICATE No…………………………………… Dated……………………… To Shri/Smt./M/s…………………….

…………………………………… …………………………………… Subject: No Objection Certificate for Releasing Service Connections or Completion Certificate.

Reference: Your Application No…………………. dated …………………..

This is in reply to your application under reference for issuance of No Objection Certificate for Releasing Service Connections or Completion Certificate. This No Objection Certificate for Releasing Service Connectionsor Completion Certificate is hereby granted in your favour for ……………. storey building for ……………. use on the land bearing Khasra No…………………..................... Hadbast No...................... Mohal / Mauza ……................... Tehsil............................... District................................... Himachal Pradesh, measuring ……………….. as the development works have been completed by you in all respects, as per approved plan/revised sanction granted to you, vide letter No…………………………………dated……………as per the provisions of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977).

Further, this Department has no objection, if following service connection(s) with reference to section-83-A of the Himachal Pradesh Town and Country Planning Act, 1977 are released in your favour:- Floor Use Number of service Connections (In Words) Electricity Water Sewerage This No Objection Certificate for Releasing Service Connections or Completion Certificate is issued subject to following condition(s):- *As amended vide Himachal Pradesh Town and Country Planning (Fifth Amendment), Rules 2020 32

(i) That the said building is constructed as per the provisions of the Himachal Pradesh Town and Country Planning Act, 1977, the Himachal Pradesh Town and Country Planning Rules, 2014 and the Regulations contained in the respective Interim Development Plan/ Development Plan of the concerned Planning Area/Special Area.

(ii) This No Objection Certificate for Releasing Service Connections or Completion Certificate is subject to withdrawal, in case, if above named person carries out any un-authorized construction or any addition/alteration in old building or in case any documents produced by him/her are found fake.

(iii) The service connection(s) is/ are issued for the above referred buildings constructed over the Khasra number as mentioned above. If the service connections are installed in other building (s) or other Khasra numbers, the same shall stand withdrawn.

*Note: - Strike out which is not applicable Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

Copy to:-

1. The Executive Engineer, Division No. …, Himachal Pradesh State Electricity Board Ltd……………….... for information and further necessary action.

2. The Executive Engineer, Division No.….….…, Himachal Pradesh Irrigation and Public Health Department …………..……….. for information and further necessary action.

Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

33 Registered (AD) /Speed Post TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM- 14 (See rule -20) FORM OF REFUSAL FOR DEVELOPMENT/ SUB-DIVISION OF LAND/ CONSTRUCTION OF BUILDING No………………………… Dated …………...

ORDER To Sh./Smt./M/s……………………… ……………………………………..

……………………………………..

Subject:- Refusal for development /Sub-division of land/ construction of building.

Reference:- Your Application No……………………………….. Dated………………..

You are hereby informed that the permission to carry out the development works as mentioned in your Application under reference, is refused underclause (c) of subsection (1) of section 31 of the Himachal Pradesh, Town and Country Planning Act 1977, (Act No. 12of 1977) on the following grounds:-

1. ………………………………………………….

2. ………………………………………………….

3. ………………………………………………….

One copyof refused plan is enclosed herewith.

Please acknowledge the receipt of this order.

Enclosers: As above.

Director Town and Country Planning Department, Himachal Pradesh, Shimla 34 FORM 15 (See rule-21) FORM OF STRUCTURAL STABILITY CERTIFICATE AND SOIL INVESTIGATION REPORT To The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.

Subject:- Structural Stability Certificate.

I/We hereby certify that the building of Sh./ Smt./ M/s……………………………. proposed over Khasra No ………… Mauja /Ward No……….

Tehsil…………. District …………… Himachal Pradesh has been designed by me / us, as per the Indian Standards Codes for general structural safety against natural hazards including earthquake protections and after soil investigations. The building is structurally safe.

Name (Civil Engineer) Registration No………………………dated…………………….

Address…………………………………………………………..

I/We hereby certify that the soil and strata of the land over which building of Sh./ Smt./ M/s…………………………….has been proposed to be constructed on Khasra No..

………… Mauja /Ward No………. Tehsil…………. District …………… Himachal Pradesh falling in sliding and sinking zones as defined in respective Interim Development Plan or Development Plan or in re-claimed piece of land has been geologically investigated by me / us, as per the Indian Standards Codes. The bearing capacity of soil and strata can sustain the load of the proposed building and it is safe.

Name (Geologist) Registration No………………………dated…………………….

Address…………………………………………………………..

(Strike out which is not applicable) 35 FORM-16 (See rule-22) FORM OF APPLICATION FOR APPEAL No. ……………….. Dated…………………… To The Secretary (TCP) to the, Government of Himachal Pradesh, Shimla.

Subject: Appeal against the Orders of refusal of permission/ licence.

Reference: Order No.……………………………..dated……… against which the appeal is filed.

Sir, My /our application for grant of permission for development/ sub-division of land/ construction of building/ grant of licence has been refused by the Director vide Order No.

……………………..dated……….. A certified copy of the Order is attached herewith. Against this Order, I am making this appeal. The clear statement of facts of the case and the grounds on which this appeal is made, is as under:- 1……………………………………………………………………………………

2. …………………………………………………………………………………..

3. …………………………………………………………………………………..

4. …………………………………………………………………………………..

In view of above stated grounds, precisely the relief prayed for is as under:- 1……………………………………………………………………………………

2. …………………………………………………………………………………..

3. …………………………………………………………………………………..

4. …………………………………………………………………………………..

I/ we have deposited a sum of Rs……………………….only (Rupees …………………………… only) through Treasury Challan (original copy attached herewith) or through e-payment, as the prescribed fee for making this appeal.

I/ we…………………………….do hereby declare that the facts and contents stated above are true to the best of my/our knowledge and belief.

Place…………………… Date……………............. Yours faithfully, Enclosers: As above. (Signature of the Applicant(s)) Address…………………………….

……………………………………..

………………………………..........

Phone No…………………………...

36 FORM- 17 (See rule 24) NOTICE TO THE GOVERNMENT TO PURCHASE INTEREST IN THE LAND No………………… Dated………………..

To The Secretary (TCP) to the, Government of Himachal Pradesh, Shimla.

Sir, *“I/we hereby apply for permission to undertake / carry out the sub-division/ development of land in Khata No……………Khatauni No………………. Hadbast No………………….. Mauja/ Mohal No. ……………………. .Khasra No.…………………measuring……….. square Meter, over which I/We possess the necessary ownership rights, situated at Street/ Road/ Ward No. ………………………. Block No…………….. Plot No……………….. of Scheme………………… (Name of the Scheme, if any) Village………………..Post Office…………………….. Tehsil……………… District……………. Himachal Pradesh.” It is further submitted that:-

1. The land has become incapable of reasonably beneficial use in its existing state; or

2. The land cannot be rendered capable of reasonably beneficial by carrying out the permitted development in accordance with the permission; or

3. The sale value has been diminished due to the reasons given below:- …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… In view of the above mentioned reasons, I/we pray the Government to acquire the necessary interest in land, in accordance with the provisions of sub-section (5) of Section 35 of the Himachal Pradesh Town and Country Planning Act, 1977 ( Act No. 12 of 1977).

I/ we/am/are enclosing herewith following documents for taking further action in the matter:-

1. Proof of ownership…………………………………………………………………………

2. Location Plan………………………………………………………………………………

3. Site Plan……………………………………………………………………………………

4. ……………………………………………………………………………………………..

5. ……………………………………………………………………………………………..

Enclosers: As above. Yours faithfully, (Signature of the Applicant(s)) Address………………………………………..

………………………………………………..

Phone No……………………………………...

*e-mail address………………… …………….

*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016 37 Registered (AD) /Speed Post TOWN AND COUNTRY DEVELOPMENT AUTHORITY/SPECIAL AREA DEVELOPMENT AUTHORITY HIMACHAL PRADESH FORM -18 (See rule-25) ORDER OFREVOCATION/ MODIFICATION OF DEVELOPMENT PERMISSION No………………… Dated …………..

Whereas, permission under sub-section (1) of section 31 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977) to develop land was granted in favour of Shri/Smt./M/s………………………………………..vide Office Order No.

……………………………………………dated………………………….;

And, whereas it appears to the undersigned that it is expedient, having regard to the Development Plan prepared or under preparation for………. Planning/ Special Area and to other material considerations, that the permission for development should be revoked or modified;

Now, therefore, the undersigned in exercise of the powers vested under subsection (1) of section 37 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), hereby revoke or modify the development permission granted vide Office Order referred to above, to the extent as given below:- 1………………………………………………………………………………… 2………………………………………………………………………………… 3………………………………………………………………………………… Chairman Town and Country Development Authority/ Special Area Development Authority……… Shri/ Smt./ M/s…………… ……………………………..

……………………………..

38 Registered (AD)/Speed Post TOWN AND COUNTRY DEVELOPMENT AUTHORITY/SPECIAL AREA DEVELOPMENT AUTHORITY HIMACHAL PRADESH FORM-19 (See rule 26(3)) ORDER No………………….. Dated…………… Whereas, a claim under sub-section (1) of section 37 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977) for revocation or modification of permission for development was filed before the undersigned by Shri/Smt./M/s………………………..on dated……………;

And, whereas the said claim was sent to the Town Planning Officer for adjudication and giving his report after affording the owner(s) reasonable opportunity of being heard qua the claim;

And, whereas the report of the Town Planning Officer has been received and duly considered;

Now, therefore, the undersigned in exercise of the powers vested under subsection (2) of section 37 of the Act ibid, hereby assess and award an amount of Rs………………only(Rs…………………….only) in favour of Shri/Smt./M/s…………………………………… in respect of his/her/their aforesaid claim.

Chairman Town and Country Development Authority Special Area Development Authority……… Shri Smt./M/s ……………...

……………………………..

……………………………………………………………………………………………………..

Registered (AD)/Speed Post TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM- 20 (See rule -27) NOTICE UNDER SECTION 38 OF THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (ACT NO. 12 OF 1977) No………………….. Dated, …………… To Shri /Smt./M/s ………………………..

………………………………………..

…………………… (Owner/Occupier) 39 Subject:- Show Cause Notice under the provisions of section 38 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act 12 of 1977).

Whereas you have commenced/ carried on/ completed development of land or errection of building consisting of ………storeys and situated on Khasra No………Ward/Mohal/Village……Tehsil………District…….Himachal Pradesh:-

(a) without the permission as required under sub-section (2) of section 15-A or clause (a) of section 16 or sub-section (1) of section 28 or section 29 or sub-section (1) of section 30 or sub-sections (1) or (2) of section 30-A (beyond the limits as specified under section 30-A) of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977).

(b) in contravention of the permission granted under sub-section (2) of section 15-A or clause (a) of section 16 or sub-section (1) of section 28 or section 29 or sub-sections

(1) or (2) of section 30-A (beyond the limits as specified under section 30-A) or subsection (1) of section 31 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977) vide Order No…………………………………….dated……….

(c) in contravention of the permission duly modified under sub-section (2) of section 15- A or clause (a) of section 16 or sub-section (1) of section 28 or Section 29 or subsections (1) or (2) of section 30-A (beyond the limits as specified under section 30-A) or sub-section (1) of section 31 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977) vide Order No……………………………dated……………… OR

(d) after the permission for development has been duly revoked under sub-section (1) of section 37 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977), vide Order No……………………………………………….dated…… …………… OR

(e) in contravention to the provisions specified under sections 39, 39-A, 39-B and 39-C of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977).

As such, you are hereby required to show cause either personally or through your duly authorized agent within thirty days from the receipt of this Notice, as to why action under section 38 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977) be not initiated against you.

Director Town and Country Planning Department Himachal Pradesh, Shimla (Strike out which is not applicable).

40 Registered (AD)/Speed Post TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH FORM- 21 (See rule -28) NOTICE UNDER SUB-SECTION (1) OF SECTION 39 OF THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (ACT NO. 12 OF 1977) No………………….. Dated, …………… To Shri /Smt./M/s ………………………..

………………………………………..

(Owner/Occupier) Subject:- Notice under sub-section (1) of section 39 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977).

Whereas, it has been observed that you have commenced / carried out/carrying out the development on the land or you have changed or are changing the use of land i.e………………(Description of Land) situated on Khasra No………Ward/Mohal/Village………Tehsil…………District………….Himachal Pradesh:-

(b) in contravention of the permission granted under sub-section (2) of section 15-A or clause (a) of section 16 or sub-section (1) of section 28 or section 29 or sub-sections

(c) in contravention of the permission duly granted under sub-section (2) of Section 15-A or clause (a) of section 16 or sub-section (1) of section 28 or section 29 or subsections (1) or (2) of section 30-A (beyond the limits as specified under section 30-A) or sub-section (1) of section 31 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977) vide Order No………………………………dated……………… OR

(e) in contravention to the provisions specified under sections 39, 39-A, 39-B and 39-C of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977).

Now, therefore, you are directed:- 41

(a) to restore the land to the condition existing before the development took place.

(b) to comply with the conditions of the permission granted or modified and conveyed to you vide Order No……………………….dated………..

(c) to alter the development in conformity with the condition(s) subject to which permission has been granted to you as under:-

(i)………………………………………………….

(ii)…………………………………………………

(iii)………………………………………………...

(d) to stop and discontinue the development operations as under:-

(i)………………………………………………….

(ii)…………………………………………………

(iii)………………………………………………...

Within a p

The Himachal Pradesh Town and Country Planning Rules, 2014

The enactment

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