(1) Notwithstanding anything contained elsewhere in these rules, the special provisions of this part shall apply only to the ULB in the hill areas or to supplementing, the other provisions elsewhere in this rule in there application to those ULBs in the hill areas. Anything not covered under the special provisions shall be guided by the provision made elsewhere in this rule or the Act.
(2) For provisions not specifically covered in this part related provisions of other parts will apply.
Power to relax rules. - Notwithstanding anything contained in these rules, a ULB or other concerned authorities may for reasons to be recorded in writing and with the previous approval of the State Government relax any provision of these rules for dealing with a case in a just and equitable manner.
Criteria of using a piece of land as building site. —
(1) No piece of land shall be used as a building site unless the ULB is satisfied that -
(a) land record is in conformity with the proposed construction keeping in view specified land use, if any;
(b) the site of such building abuts an all weather public street, a projected public street or a private street/ footpath, passage and is not less than 1.50 meters wide at any part, duly sanctioned and constructed and recorded in the Books of ULB in accordance with the provisions of the Act or any other law in force immediately before the commencement of the Act:
Provided that, no building shall be erected so as to deprive any other building or buildings site of the means of access as specified above;
(c) the site is at least 100 sq. meters in area for residential purposes and 40.0 sq.m in area for other than residential purposes.
(d) the land is capable of being well drained by means of drainage facilities leading to the existing Public drainage, channel or natural jhora;
(e) the site is reasonably secured from danger from hillside slips from above, below, or the sides;
(f) the soil of the site is likely to sustain the construction of a building thereon; and for sites with inclinations of 30° and above or proposed building above 6.5 meters in height or 500 sq. meters in coverage, such sustainability shall be justified, at the cost of applicant, by prior testing of soil and certification of stability of slopes and buildings conforming to the latest relevant codes of Bureau of Indian Standards including IS 12070: IS Code of practice for design and construction of shallow foundation on rock.
IS 13063: IS Code of practice for structural safety of building on shallow foundation on rock.
IS 14243 (Part I & II): Selection and development of site in hiII areas guidelines;
in addition to other relevant Indian Standards.
A competent geo-technical engineering organization or firm, recognized by the ULB, shall carry out detailed geo—technical investigations, testing and certification in such cases.
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Explanation: Soil will also include rocks, boulders laterite etc.
(g) the site does not contain any portion which forms a component of the open spaces prescribed under the regulation for any other building site thereof.
(h) (i) no part of the land is located within 200 meters from the boundary of a sinking or probable slip zone, designated in a meeting by the ULB.
(ii) within an area of distress or possible unequal settlements with wide fissures, regular cracks, faults, voids , rock, debris or landslides caused by subsidence or crosion, filling and disposal or organic materials, or;
(iii) it is located within an area showing high water table and fully saturated soil with a possibility of liquefaction and settlement on exposure to earthquakes or of water seepage in the foundations and crosion , or ,
(iv) any other vulnerable area identified by the ULB as unsafe for environmental , geological, wind, drainage or any other reasons;
(i) no piece of land is located within five meters in any direction of the outside edge of such water courses;
(j) adequate drainage measurement and protection work as specified in rules shall be taken by the applicant at his own cost if it is located on the permanent shadow zones of ridges and spurs, at the bottom of the valleys or gorges or located by nature of its orientation in a zone as identified by the ULB to be inadequately sunlit so as to make it unfit human habitation, if any;
(k) the side has not been subject to repeated blasting or, was a former quarry;
(l) where the side is within 5.0 (five) meters of any side of a tank, the owner will take such measures as well prevent any risk of the drainage from such building passing into the tank;
(m) where the site is within 5.0(five) meters of any side of a tank, water reservoir, jhora/ natural spring, water source or natural drain or within 2.0(two) meters from either side of water pipe, sewer line and / or other such underground utilities, the owner shall take such measures at his own cost, which shall prevent any risk of damage and / or landslide thereto by construction of such buildings.
The distance shall be measured from outside edge of the jhora/drain / pipeline etc. as the case may be taken by the owner, at his own cost if the side is within 30 meters ofjhora;
(n) no piece of land shall be used as building site if it is located on the permanent shadow zones of ridges and spurs at the bottom of the valleys or gorges or located by the natural or its orientation in a zone as identified by ULB to be inadequately sunlit so as to make it unfit for human habitation.
(2) No piece of land located in central business area as determined by the ULB or in sinking zone or areas of distress with cracks caused by subsidence and /or slides or any other areas identified by ULB with reasons to be recorded in writing, shall be used as a building site without prior approval of the State Government.
(3) No piece of land where a closed, sick or other industry was located or is in operation, shall be used as site for construction of any building, other than an industrial building, without the prior approval of the competent authority.