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Section 3: Power of State Government to declare areas as urban estates and in respect of transfer of land and buildings in urban estates

The Himachal Pradesh Urban Estates (Development and Regulation Act, 1968State Act of Himachal Pradesh · Act 26 of 1969

(1) The State Government may, by notification in the Official Gazette, declare any area comprising land belonging to or acquired by the State Government to be an urban estate for the purpose of this Act.

(2) The State Government may sell, lease or otherwise transfer, whether by auction, allotment or otherwise, any land or building belonging to the State Government in an urban estate on such terms and conditions as it may, subject to any rules made under this Act, think fit to impose.

(3) The consideration money for any transfer under sub-section (2) shall be paid to the State Government in such manner, in such installments and at such rate of interest, as may be prescribed.

(4) The unpaid portion of the consideration money together with interest or any other amount, if any, due to the State Government on account of the transfer of any site or building, under sub-section (2) shall be a first charge on that site or building, as the case may be, and notwithstanding anything contained in any other law for the time being in force, no transferee shall, except with the previous permission in writing of the Estate Officer, be entitled to sell, mortgage or otherwise transfer (except by way of lease from month to month) any right, title or interest in the site or building transferred to him under sub-section (2) until the amount, which is a first charge, under this sub-section, has been paid in full to the State Government.

4 Power to issue direction in respect of erection of buildings.- (1) For the purpose of proper planning or development of an urban estate, the State Government or the Chief Administrator may issue such directions, as may be considered necessary in respect of any site or building, either generally for the whole of the urban estate or for any particular locality thereof, regarding anyone or more of the following matters, namely:-

(a) architectural feature of the elevation or frontage of any building;

(b) erection of detached or semi-detached buildings or both and the area of the land appurtenant to such buildings;

(c) the number of residential buildings, which may be erected on any site in any locality;

(d) prohibition regarding erection of shops, workshops, warehouses, factories or buildings of a specified architectural character or buildings designed for particular purposes in any locality;

THE HIMACHAL PRADESH URBAN ESTATES (DEVELOPMENT AND 5 REGULATON) ACT, 1968

(e) maintenance of height and position of walls, fences, hedges or any other structural or architectural construction;

(f) restrictions regarding the use of sites for purposes other than erection of buildings.

(2) Every transferee shall comply with the direction issued under subsection (1) and shall, as expeditiously as possible, erect any building or take such other steps as may be necessary to comply with such directions.

Where this provision sits

ActThe Himachal Pradesh Urban Estates (Development and Regulation Act, 1968
Section3
Marginal notePower of State Government to declare areas as urban estates and in respect of transfer of land and buildings in urban estates
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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