Government Of U.P.
Housing &Urban Planning Section-3 No. 4824/8-3-09-09misc/09 Lucknow: Dated: 14 January, 2010 NOTIFICATION In supersession of Development Authority Compounding of Offences Bye-laws, 1997. The Governor, in exercise of powers under clause (Kha Kha) of Section-57 of U.P. Urban Planning and Development Act, 1973 (Presidential Act, N0.11 of 1973), as re-enacted with modifications by U.P. Presidential Act (Re-acted with modifications) Act,1974 (U.P. Act.-30 of 1974), for determination of guiding principles for Compounding of offences, makes the following Bye-laws under Section-32 of the Act with prior approval of the state government:- Development Authority Compounding of Offence Bye-Laws, 2009
1. Short title &Commencement
1.1 This bye-Laws may be called Development Authority Compounding of offences bye-laws,2009
1.2 This shall be extended to entire Development Area.
1.3 This bye-laws shall come into force from 14.01.2010
2. Mitigation of Offences
2.1 The action for Compounding of any offence punishable under U.P. Urban Planning and Development Act, 1973, before or during the institution of the action shall be taken by Vice-Chairman Development Authority or by any authority authorized by him through special order under Section-32.
2.2 Compounding of offence in relation to Compoundable construction shall be done with the restriction that the accused shall not further continue offence on relation to the non- Compoundable construction and shall remove the non- Compoundable unauthorized construction or development work within the period specified by the officer ordering the Compounding of the of the offence, which shall be free to take action against him for re-prosecution and demolition.
3. Granting Permission or Refusal to grant Permission
3.1 In Granting or refusing to grant permission of Compounding of unauthorized construction or development work, Vice-Chairman, Development Authority, or any officer authorized by him in this behalf through a general or special order, shall ensure that:-
3.1.1 Where has the unauthorized construction been done i.e.
Basement, Semi-basement, Ground floor, First floor or Subsequent floors and what is the effect of the same on the safety, lighting and ventilation as well as privacy of the attached buildings?
3.1.2 Has the basement been built in excess of permissible limit, if yes, what is the effect of the same ore attached properties and existing infrastructure facilities?
3.1.3 Has the permission for construction been refused earlier, if yes, what is the justification for Compounding at present?
3.1.4 Is the construction unfavorable to existing building line, if yes, what is the effect of the same?
3.1.5 Is the construction affected by Roadside Land Control Act, if yes , has the no objection been obtained from competent authority for the same?
3.2 Following offences shall not be Compoundable:-
3.2.1 Construction done on the land reserved for or related to public and semi-public amenities Services and utilizes such as road, railway line, park, green verge etc.
3.2.2 Construction done in contravention of land-use prescribed in Master Plan or Zonal Development Plan or Lay-out plan or lease.
3.2.3 Construction done on the plot or in the building situated under illegal land- sub division , which has not been regularized.
3.2.4 Construction done on government or public land without permission of the department concerned.
3.2.5 Construction done on the disputed land.
3.2.6 Construction done inside the stilt floor or the area reserved for parking.
3.2.7 Construction done, without earthquake resistant arrangement, in the buildings of more than three storeys including ground floor or buildings of more than 12 meter height and in buildings of infrastructure facilities having more than 500 square meters Ground coverage.
3.2.8 Construction done in buildings of more than four storeys floors or buildings of 15 meters or more height and specific buildings such as educational assembly, institutional industrial, buildings of storage and hazardous usage and buildings of mixed settlement of above said usages having Ground converge more than 500sqmt which is without Fire Fighting arrangement, as required under Building Constructions and Development Bye-Laws and without prescribed minimum setback.
3.2.9 Construction done without obtaining No Objection Certificate from local Fire Brigade authority, such structural alterations/ modifications or re-construction, in already built buildings as may adversely affect Ground -coverage, F.A.R, height, setback, strength of the building, etc.
3.2.10 Construction of height more than 10% of permissible height without changing the number of floors under plotted development.
3.2.11 Construction done on the minimum area, minimum width and internal height of the inhabitable room being more than 10% less and in buildings without arrangement for mechanical ventilation, area of light and ventilation being more than 10 % less than the prescribed standards, under plotted development.
3.2.12 Construction done in violation of height on building in heritage Zone, Protected Monuments and Civil Aviation area or in the area of restricted height.
3.2.13 Construction done in absence of required parking arrangement as per standards prescribed in Building Construction and Development Bye-laws.
3.2.14 In Group Housing and other multistory buildings, Construction done on land of co-ownership and inside the area reserved for common services.
3.2.15 Construction done in buildings of all kinds of 300 square meter or more area without roof, top rain water harvesting arrangement.
3.2.16 Construction done on land covered by ponds/reservoirs, river, drain, etc, identified in Master Plan/Zonal Plan/ Lay-out Plan or entered into revenue records.
3.2.17 Construction done in functional buildings and in residential buildings of area of 500 sq meters or more without setting up of solar water heating plant as required under Building Construction and Development Bye-laws.
3.2.18 Construction done in public utility buildings and in public convenience places in violation of requirements of Building Construction and Development Bye-laws for safety, applicability and ease of physically disabled persons.
3.3 Construction permissible as per Building Construction and Development Bye-laws and illegal construction shall be shown separately in the plan. Unauthorized construction in front, side and rear set-back shall be Compoundable only in contiguity of main building and construction in excess of permissible Groundcoverage and floor area shall be Compoundable upto the limit, as under:-
3.3.1 In the residential buildings under plotted development construction, construction done upto 25% of total area of front se-back but upto a maximum width of 1.0 metre.
3.3.2 In residential buildings under plotted development, construction upto maximum 10% of the area rear set- back(in addition to permissible 40%)
3.3.3 In residential buildings under plotted development, construction upto a maximum of 25% of width of set-back in side set-back.
3.3.4 In other buildings under plotted development such as commercial, industrial, office , institutional and community amenities etc, construction upto a maximum of 10% of total area of the plot, in front, rear and side set-back in addition to permissible land-coverage, subject to the limits prescribed for mitigation in clause-3.3.1. to 3.3.3. respectively.
3.3.5 In Group Housing and multi-storey Commercial, office and institutional buildings in the event of minimum set-back required for Fire safety not being less, additional Construction upto a maximum of 10% of permissible Ground-coverage.
3.3.6 Construction upto a maximum of 10% of floor area permissible for construction in buildings of all nature such as plotted development, Group housing, Commercial, office, institutional, industrial and others.
3.3.7 Construction done upto the permissible limit of purchasable F.A.R. with the approval of Board of Authority on the basis of recommendations of the Committee constituted in Clause-4(3) of Notification No. 5136/8-3-2008-11 Misc/08, dated 25.9.2008 for built area, developed area and group housing, Commercial, Office, and public and semi-public/ community amenities in new/ undeveloped areas.
3.3.8 Construction upto a maximum of 20% from the limit permissible under basement.
3.3.9 Construction upto a maximum of 10% from the limit permissible limit of height of compound wall.
3.3.10 Under plotted development, construction upto a maximum of 10% height from permissible limit without changing the number of floors.
3.3.11 In residential buildings in addition to permissible units, the maximum number of Compoundable units, on the basis of area of the plot, shall be as under:- (A) Maximum of one unit in plotted development.
(B) In Group Housing proportionate units relative to percentage of Compoundable additional F.A.R./ Purchasable F.A.R.
3.3.12 Construction done in buildings of all ;and uses according to generally permissible and conditionally permissible activities/ usage as per applicable Master Plan Zoning Regulations Of development area concerned.
4. Schedule of Compounding Fee The calculation of Compounding fee for various kinds of illegal constructions and development works shall be in accordance with the rates given schedule enclosed here with.
5. Calculation of Compounding Fee
5.1 If in any case Compounding construction falls under illegal construction of more than one kind, the Compounding fee shall be realized by adding fee payable for each kind of illegal construction.
Beside, calculation of Compounding fee for each floor shall be done separately, However for Compoundable Ground- coverage Compounding fee in the form of F.A.R. shall not be payable separately.
5.2 For Compounding of illegal construction, the builder shall deposit amount of Compounding fee, as per the Schedule, in lump-sum or in installments with interest, as may be decided by the Board of the Authority, along with the Compounding plan. Besides, other fees prescribed by the Authority and affidavit for demolition of non- Compoundable part shall also be deposited and only after that the action for Compounding of plan shall be taken. Compounded plan shall be issued only after the total amount of Compounded fee is deposited. The terms and conditions regarding approval shall compulsorily be recorded on the plan by the officer authorized for Compounding.
6. The building or any part there of shown in the plan submitted for Compounding, which is within the limits of Compounding shall not be demolished. However, there shall be no restriction on demolition of non-Compoundable portion by the development authority, in accordance with the law.
7. Subsequent to approval of the plan, action under Section-27 of U.P. Urban Planning And Development Act, 1973 shall cease, in case the order for demolition of Compounded portion is passed, the same shall be deemed null and void. Remaining non-Compoundable portion shall be removed by the builder on his own expense or else, the same shall be demolished by the Development Authority and the expenses incurred on the same shall be realized from the builder as per the rules.
8. Realization of Compounding Fee The amount of Compounding fees imposed under Rule-5.2shall be deposited by the builder in lump-sum or in such installments, with interest, as may be decided by the Development Authority and the action shall be considered completed only after the total amount is deposited. The Development Authority may frame rules separately regarding fixation and deposit of amount of installments with interest.
9. Congelated description of Compounded Construction The details of Compounded illegal construction shall be tabulated by the officer authorized for Compounding in prescribed form and the congelated description of the same shall be submitted in the meeting of the Board of the Development Authority, for information.
10. The applications under consideration for Compounding shall also be disposed of under the provisions of this Byelaw.
11. The Compounding fee imposed under Rule-5.2 and the Expenses incurred on demolition action by the authority under rule-7 shall be realized in accordance with Section-40 of U.P. Urban Planning And Development Act, 1973.
Note:
1) In case the applicant fails to duly apply for availing of facility of Compounding, the Development Authority shall take action, as per rules, for demolition of illegal construction.
2) Where No Objection Certificate will be required from Fire department , Department of Archeology, Airport Authority of India, National Highway Authority of India/ Public Works Department, Directorate of Environment, Pollution Control Board, etc, the Compounding action shall be considered only after receipt of the said No Objection.
3) The cost of land shall be assessed at the prevailing residential rate of the plan, where this rate is not available;
the circle rate fixed by the District Magistrate shall be applicable. For calculation of Compounding. For calculation of Compounding fee for all kinds of constructions only the residential rate of the land shall be taken into consideration.
4) At the time of calculating Compounding fee in accordance with rates mentioned in the Schedule, the price of land shall compulsorily be taken once, but will not be taken for every subsequent/ higher floors.
5) Compounding fee for Compoundable construction in mixed land use shall be payable on the basis of nature of use.
6) In addition to charges payable as per rules for purchasable F.A.R Compounding fee shall also be payable at the rates prescribed under Serial No.-2 of the Schedule. However, purchasable F.A.R charges for first 10% purchasable F.A.R. shall not be payable.
7) It shall be compulsory to provide additional parking arrangement in accordance with the rules in relation to Compoundable F.A.R/ Purchasable F.A.R.
8) In case of use of illegal construction done in the basement being different from use permissible in Building Construction and Development Bye-laws, the same shall be counted towards F.A.R and the illegal construction, on the basis of nature odd use, shall be Compoundable with the restriction that the arrangement for parking as per the standards is available inside the plot.
9) Projections such as balcony /chhajja etc. shall be Compoundable only upto Compoundable limit in set-back area.
10) In Case illegal construction is not demolished by the applicant within the prescribed period in accordance with the affidavit for demolition of non- Compoundable portion, action for demolition shall be taken by the Authority after the prescribed period and the cost of the demolition realized from the party. In case the demolition cost is not paid by the party within shall realize the same as arrears of land- revenue.
11) The disposal of matters under considerations for Compounding prior to date of application of these Compounding Bye-Laws shall be ensured under the Provisions of Development Authority Compounding Bye- Laws in force earlier.
Encls: Schedule By order, (Arun Kumar Sinha) Principal Secretary No. & date as above Copy forwarded to Joint Director, Government Principal Press, Lucknow with the Purpose that action may please be taken for publication of above notification in the issue of Ordinary Gazette dated January,2010 and making applicable 100 (one hundred) printed copies of the notification to the government:
By order (Ram Niranjan) Under Secretary No. & Date as above.
Copy Forwarded to following for information and necessary action:-
1. Principal Secretary, House, Govt. of U.P.
2. Chairman, All Development Authorites, U.P.
3. Housing Commissioner, U.P. Housing & Development Board.
4. Vice-Chairman, All Development Authorities, U.P.
5. Chairman, All Special Area Development Authorities, U.P.
6. All Controlling Authorities/District Magistrate, U.P.
7. Chief Town & Country Planner, U.P., Lucknow.
8. All Chief Fire Officers, U.P.
9. Executive Director, Awas Bandhu, U.P.
10. Addl. Director, Awas bandhu with the direction that the notifications under question may be got forwarded to all concerned besides getting uploaded the same on the website of Housing &Urban Planning department.
By order (Ram Niranjan) Under Secretary Schedule Of Mitigation Fee (Rule No.-4) SNo.
Nature of Construction Rates of Mitigation Fee for Various land-uses Residential Commercial Office Industrial Facilities / Others
1. 2. 3. 4. 5. 6. 7.
1. On construction without permission under permissible Ground-coverage and Floor Area Ratio
1.1 Rs. 10 per sq meter for constructions of all nature on plots upto 100 sq meter.
Two times the residential
1.50 times the residential
0.40 times the residential
0.50 times the residential
1.2 Rs 15 per sq meter for constructions of all nature on plots upto101- 300 sq meter.
As above As above As above As above
1.3 Rs. 20 per sq meter for constructions of all nature on plots upto 301- 500 sq meter.
As above As above As above As above
1.4 Rs. 25 per sq meter for constructions of all nature on plots upto 501- 2000 sq meter.
As above As above As above As above
1.5 Rs. 25 per sq meter for constructions of all nature on plots of area of more than 2000 sq mts /Group Housing Plots.
As above As above As above As above
1.6 On Compoundable units in addition to permissible units- Rs. 50000 per unit.
- - - -
2. On Additional Floor Area(F.A.R.) under permissible Groundcoverage In construction of both the nature of plotted development and Group Housing-Rs. 200 per sq meter and 50 % of required Rs. 400 per sq meter and 100 percent of required land price for additional floor area Rs. 300 per sq meter and 75 percent of required land price for additional Rs. 150 per sq meter and 40 percent of required land price for additional floor area Rs. 150 per sq meter and 50 percent of required land price for additional floor area land price for additional floor area floor area
3. On Ground coverage in addition to permissible Ground coverage (A) In every direction in group housing and other multistory buildings.
100 percent of price of land 200 percent of price of land 150 percent of price of land 40 percent of price of land 50 percent of price of land (B) Plotted Development
(1) In Front Set-back 100 percent of price of land 200 percent of price of land 150 percent of price of land 40 percent of price of land 50 percent of price of land
(2) In side Set- Back 75 percent of price of land 150 percent of price of land 100 percent of price of land 40 percent of price of land 50 percent of price of land
(3) In rear setback 50 percent of price of land 100 percent of price of land 75 percent of price of land 20 percent of price of land 25 percent of price of land
4. On construction of basement in addition to permissible limit 50 percent of price of land 100 percent of price of land 75 percent of price of land 20 percent of price of land 25 percent of price of land
5. Internal height of room being less than the minimum prescribed height Rs. 100 per sq meter on the area of the room Rs.200 per sq meter on the area of the room Rs. 150 per sq meter on the area of the room Rs. 50 per sq meter on the area of the room Rs. 75 per sq meter on the area of the room
6. On width of room being less than minimum prescribed width.
Rs. 50 per sq meter on the area of the room Rs. 100 per sq meter on the area of the room Rs. 75 per sq meter on the area of the room Rs. 20 per sq meter on the area of the room Rs. 25 per sq meter on the area of the room
7. On area of the room being less than the prescribed area Rs. 50 per sq meter on the area of the room Rs. 100 per sq meter on the area of the room Rs. 75 per sq meter on the area of the room Rs. 20 per sq meter on the area of the room Rs. 25 per sq meter on the area of the room
8. On arrangement of light and ventilation in the room being less than prescribed area.
Rs. 50 per sq meter on the area of the room Rs. 100 per sq meter on the area of the room Rs. 75 per sq meter on the area of the room Rs. 20 per sq meter on the area of the room Rs. 25 per sq meter on the area of the room
9. On the height of Compound wall being more than the prescribed height Rs. 50 per running meter but a minimum of Rs. 5000/- Rs. 100 per running meter but a minimum of Rs. 10000/- Rs. 150 per running meter but a minimum of Rs. 7500/- Rs. 20 per running meter but a minimum of Rs. 1000/- Rs. 25 per running meter but a minimum of Rs. 2500/-
10. Land-division/ Development work without approval, which is in conformity with Building Bye-law.
1.0 percent of price of land on saleable area
2.0 percent of price of land on saleable area
1.5 percent of price of land on saleable area
0.40 percent of price of land on saleable area
0.50 percent of price of land on saleable area
11. Land division of more than one acre, whose approval is not permissible as per rules.
Compounding fee at the rate of two times of price of land equivalent to decrease in the area required, as per rules, for roads, parks and open spaces and other community amenities in the said divided plot.
12. Land division of more than one acre, whose approval is not permissible as per rules.
In such matters, action shall be taken in accordance with the guidelines issued by the government for regularization of unauthorized colonies.
Note:
1) On other illegal constructions apart from constructions of the above nature, which are against the Bye-laws or directions or are not approved (such as – porch, balcony/chhajja etc. but are Compoundable, Compounding fee @Rs. 200/- per square meter shall be charged. The rate of Compounding fee for commercial shall be two times, for office 1.5 times, for industrial 0.40 times, for facilities and other usages 0.50 times.
2) For mitigation of “generally” and ‘conditionally permissible’ activities/uses in accordance with Master Plan Zoing Regulations, apart from impact fee payable as per rules, @10 percent of Impact fee shall also be payable.
3) The rate of mitigation fee for charitable institutions, which an exempted under Section-80(G) of Income Tax Act, 1961 and facilities and service provided by public Sector and educational institutions shall be 50 percent of the residential rate.
4) In plotted development, in the event of height of the building being in excess of upto 10 percent of the permissible height, without changing the number of floors, mitigation fee @Rs.
2500/- per meter of height shall be payable.
5) The rates, which are not based on the price of the land, i.e. which are prescribed on the basis of per square meter, shall be updated by the authority every year on the basis on cost index, for the purpose of compounding of unauthorized construction.
( Ram Niranjan ) Under Secretary