(1) Notwithstanding anything contained in these rules, the competent authority on an application, made by the promoter in Form APR-V-A, may, either before or after the institution of the proceedings for prosecution, compound an offence of developing an unauthorized colony.
(2) On receipt of an application under sub-rule (1) the competent authority may, if it deems proper, compound the said offence on the fulfilment of following conditions and restrictions by the promoter, namely :-
(a) that the promoter first of all, shall obtain a license in accordance with the provisions of the Act and the rules made thereunder ;
(b) that the unauthorized colony should not fall within the distance of sixteen kilometres from the outer boundary of Union Territory of Chandigarh;
(c) that the promoter shall submit to the competent authority, the proof of absolute ownership of the land, on which unauthorized colony has been developed by him, form the concerned authority ; and
(d) that the land on which unauthorized colony has been developed, is in comformity of development of the colony with neighbouring areas.
(3) For compounding an offence in the case of an unauthorized colony, developed before the 17 th day of August, 2007, in addition to the conditions and restrictions, specified in sub-rule (2), the following conditions shall also be fulfilled, namely :-
(a) the promoter shall deposit such fee by way of demand draft, as may be determined by the State Government form time to time by notification in the Official Gazette by taking into consideration all relevant aspects ;
(b) the width of the access road to such colony shall not be less than thirty-five feet;
(c) the width of the internal roads in such colony shall not be less than twenty-five feet;
(d) in the layout plan of such colony, the land reserved for roads, open spaces, schools and public and community buildings and other common purposes, shall not be less than thirty-five percent of the gross area of such colony ; and
(e) such colony must have a site for water works and Sewage Treatment Plant or it should have been linked with the water supply and sewerage laid down by a local authority in the area of such colony.
(4) (1) For compounding an offence in the case of an authorized colony developed on or after the 17 th day of August, 2007, the promoter shall, in addition to other charges, payable in the case of a colony, developed in accordance with the provisions of the Act and rules, made hereunder, deposit such fee by way of demand draft, as may be determined by the State Government from time to time by notification in the Official Gazette by taking into consideration all relevant aspects. However, the promoter shall have to fulfil all the prevailing norms and criteria, specified by the competent authority for developing a colony under the Act.