LexThe Himachal Pradesh Town and Country Planning Act, 1977
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
THE HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING
ACT, 1977
[as amended vide Amendment Act No.14 of 1981]
[“ “ “ “ Act No. 1 of 1984]
[“ “ “ “ Act No.14 of 1989]
[“ “ “ “ Act No.10 of 1992]
[“ “ “ “ Act No.16 of 1994]
[“ “ “ “ Act No. 7 of 1995]
[“ “ “ “ Act No.11 of 1997]
[“ “ “ “ Act No.17 of 2000]
[“ “ “ “ Act No.15 of 2001]
[“ “ “ “ Act No.22 of 2006]
[“ “ “ “ Act No. 2 of 2007]
[“ “ “ “ Act No. 8 of 2009]
[“ “ “ “ Act No.41 of 2013]
[“ “ “ “ Act No.14 of 2015]
Town and Country Planning Department
Block No. 32-A, SDA Complex, Kasumpati, Shimla-09
HIMACHAL PRADESH
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Act No. 12 of 1977.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977
AN
ACT
to make provision for planning and development and use of land; to make better
provision for the preparation of development plans and sectoral plans with a view to
ensuring that town planning schemes are made in a proper manner and their
execution is made effective to constitute the Town and Country Development
Authority for proper implementation of town and country development plan, to
provide for the development and administration of special areas through the Special
Area Development Authority **, to make provision for the compulsory acquisition of
land required for the purpose of the development plans *“and to regulate the
construction, sale, transfer and management of apartments, to regulate colonies and
provide for registration of promoters and estate agents and for enforcement of
obligations on them” and for purposes connected with the matters aforesaid.
BE it enacted by the Himachal Prades h Legislative Assembly in the Twenty -
eighth year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the Himachal Pradesh Town and Country Planning Act,
1977.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification, appoint and different dates may be appointed for different areas
and for different provisions of this Act.
*“(3a) It shall apply to any area proposed for development of apartments or colonies
**“for the purpose of selling ” outside the notified planning areas or special
areas constituted under this Act and such areas shall be deemed to be planning
areas.”
(4) Nothing in this Act shall apply to-
(a) lands comprised within cantonment under the Cantonments Act, 1924;
(b) lands, owned, hired or requisitioned by the Central Government
for the purpose of naval, military and air force works;
(c) lands under the control of railway administration of the purpose of
construction and maintenance of works under Chapter-III of the Indian
Railways Act, 1890; and
(d) Lands owned by any department of the Central Government where
operational constructions are going on.
Act published in Rajpatra -Extraordinary, dated the 30 th September, 1977 vide Law Department Notification No. LLR -D(6)5/77,
dated the 22nd September, 1977.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013).
** As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2015 (Act No.14 of 2015).
2 of 1924
9 of 1890
Short title,
extent,
commencement
and application
4
2. In this Act, unless the context otherwise requires,-
(a) “agriculture” includes horticulture, farming, raising of annual or periodical
crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of
cultivation of soil, the reserving of land for fodder, grazing or thatching
areas, breeding and keeping of livestock including cattle, horses, donkeys,
mules, pigs, breeding of fish and keeping of bees, and the use of land
ancillary to the farming of land, but does not include-
(i) keeping of cattle purely for the purpose of milking and selling the
milk and milk products,
(ii) a garden which is an appendage of buildings, and the expression
“agricultural” shall be construed accordingly;
(b) “amenity” includes roads and streets water and electric supply open
spaces, parks, recreational area, natural feature, play grounds, street lighting,
drainage sewerage and other utilities, services and conveniences;
*(c) “building” includes any structure or erection, or part of a structure or
erection, which is intended to be used for residential, industrial, commercial or
other purpose s, whether in actual use or not. However, for the purpose of
apartment, building shall mean a building constructed on any land, containing
more than eight apartments, or two or more buildings with a total of more than
eight apartments or any existing building converted into more than eight
apartments”;
(d) “building operation” includes-
(i) erection or re-erection of a building or any part thereof;
(ii) roofing or re-roofing of any part of building or an open space;
(iii) any material alteration or enlargement of a building;
(iv) any such alteration of a building as is likely to alter its drainage or
sanitary arrangements, or materially affect its security;
(v) the construction of door opening on any street or land not belonging to
the owner;
(e) “commercial use” means the use of any land or building or part thereof for
the purpose of carrying on any trade, business or profession or sale or
exchange of goods of any type whatsoever and includes running of with a
view to make profit hospitals, nursing h omes, infirmaries, educational
institutions, hostels, restaurants and boarding houses not being attached
to any educational institution, sarais and also includes the use of any land or
building for storage of goods or as buildings for storage of goods or as
an office whether attached to any industry or otherwise;
(f) “court” means the principal civil court of original jurisdiction in the district;
(g) “development” with its grammatical variations means the carrying out of a
building, engineering, mining or other operations in, on, over or under land,
or the making of any material change in any building or land or in the use of
either, and includes sub-division of any land;
*As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013).
Definitions
5
(h) “development plan” means interim development plan or development plan
prepared under this Act;
(i) “director” means the Director of Town and Country Planning appointed
under this Act;
(j) “existing land use map” means a map indicating the use to which lands in any
specified area are put at the time of preparing the map, and includes the register
prepared, with the map giving details of land-use.
(k) “land” includes benefits to arise out of lan d and things attached to the earth or
permanently fastened to anything attached to the earth;
(l) “member” means a member of a Town and Country Development Authority
or a Special Area Development Authority, as the case may be, and includes a
Chairman thereof;
(m) “occupier” includes-
(i) a tenant,
(ii) an owner in occupation of or otherwise using his land,
(iii) rent free tenant,
(iv) a licensee, and
(v) any person liable to pay to the owner, damages for the use and
occupation of the land;
(n) “owner” includes a mortgagee in possession, a person who for the time being
is receiving or is entitled to receive, or has received, the rent or premium for
any land whether on his own account or on behalf of or for the further
benefit of any other person or as an agent, trustee, guardian or receiver for
any other person or for religious or charitable institutions or who would
receive the rent or be entitled to receive the rent or premium if the land were
to be let and includes a head of a Government department, General
Manager of a Railway and the *“ Chief Administrator by whatever na me
designated, or a local a uthority, statutory aut hority, co mpany, corporation or
undertaking in respect of properties under their control;
(o) “planning area” means any area declared to be planning area under this
Act;
(p) “region” means any area established to be a region under this Act;
(q) “regional plan” means a plan for the region prepared under this Act and
approved by the State Government;
(r) “sector” means any sector of a planning area for which, under the
development plan, a detailed sectoral plan is prepared;
(s) “slum area” means any predominantly residential area, where the dwellings
which by reason of dilapidation, overcrowding, faulty arrange ment of
design, lack of ventilation, light or sanitary facilities or any combination
of these factors are detrimental to safety, health or moral and which is
defined by a development plan as a slum area;
*As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 1995 (Act No. 7 of 1995)
6
(t) “Special area” means a special area designated as such under section
66;
(u) “Special Area Development Authority” means an authority constituted
under section 67;
(v) “Town Development Scheme” means a scheme prepared for the
implementation of the provisions of a development plan by the Town and
Country Development Authority; and
(w) “Town and Country Development Authority” means an authority
established under section 40.
*(x) “advertisement” means visible representation made to the general public
either through announcement or display or in any other manner whatsoever,
offering for sale or lease of a plot or apartment or inviting persons to purchase
such plot or apartment to make advances or deposits for such purposes;
*(y) “allottee” in relation to apartment or plot, means the person to whom such
apartment or plot has been allotted, sold or otherwise transferred by the
promoter;
*(z) “apartment” whether called block, chamber, dwelling unit, f lat, lot, premises,
suite, tenement, unit or by any other name means a separate and self -contained
part of any property including one or more rooms or enclosed spaces located
on one or more floors or any part or parts thereof, in a building, or in a plot o f
land, used or intended to be used for residence, office, shop, showroom, or
godown or for carrying on any business, industry, occupation, profession or
trade or for any other type of independent use ancillary to the purpose specified
above and with a direct exit to a public street, road or highway or to a common
area leading to such street, road or highway and includes any garage or room
whether or not adjacent to the building in which such apartment is located,
provided by the promoter for the use by the allottee for parking any vehicle or
as the case may be, for the residence of any domestic servant employed in such
apartment;
Explanation-I- If a basement, cellar, garage, room, shop or storage space is
sold separately from any apartment, it shall be tre ated as an
independent apartment and not as part of any other apartment
or of the common areas and facilities;
Explanation-II.-Notwithstanding that provision is made for sanitary, washing,
bathing or other conveniences as common to two or more
apartments, the apartments shall be deemed to be separate and
self contained;
*(za)“apartment number ” means the number, letter or combination thereof,
designating an apartment;
*(zb)“apartment owner” means the person owning an apartment and an undivided
interest in the common areas and facilities appurtenant to such apartment in the
percentage specified in the conveyance deed of apartment;
*(zc)“association” means an association consisting of the majority of the apartment
owners in a building acting as a gr oup in accordance with the bye -laws made
by the association under the Himachal Pradesh Apartment Ownership Act,
1978;
* As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013).
7
Explanation.- A member of a Co-operative Housing Society of the tenant co -
partnership type, or an allottee under a hire -purchase
agreement shall be deemed to be an owner, entitled to
membership of the association.
*(zd)“building regulations” means the rules or regulations or bye -laws made under
any law for the time being in force for the erection or re -erection of buildings
or parts thereof and for the purpose of this Act includes Zoning Regulations
framed under any law for the time being in force;
**(ze)“colony” means an area of lan d not less than 2500 square metres contiguous
divided or proposed to be divided into plots or apartments or buildings for
residential, commercial or industrial purposes including cyber city, cyber park,
construction of flats in form of group housing or for construction of integrated
commercial complexes, but does not include any area of Abadi-deh of a village
falling inside its Lal Lakir or land divided or proposed to be divided-
**(i) for the purpose of agriculture:
Provided that such land shall not be used for the development of
colony;
**(ii) as a result of partition by way of inheritance or succession without a
motive of developing a colony; and
**(iii) by a company, institution or factory for providing residential
accommodation for its employees:
**Provided that there is neither profit motive nor ownership of such
houses shall be transferred to the employees and their rights to accommodation
shall be restricted to the period of their employment with such comp any,
institution or factory;
*(zf)“common areas and facilities” in relation to a building, means all parts of the
building or the land on which it is located and all easements, rights and
appurtenances belonging to the land or the building, which are neither in the
exclusive possession of an apartment owner in terms of his conveyance deed of
apartment, nor are handed over or intended to be handed over to the local
authority or other public service agency and shall include the limited common
areas and facilities;
*(zg)“common expenses” means,-
(i) all sums lawfully asse ssed against the apartment owners by the
association for meeting the expenses of administration, maintenance,
repair or replacement of the common areas and facilities;
(ii) expenses, declared by the provisions of this Act or by the bye -laws
made by the ass ociation under the Himachal Pradesh Apartment
Ownership Act, 1978 (41 of 1978) or agreed upon by the association, as
common expenses; and
(iii) the Government or municipal taxes including ground rent and property
tax, which is not assessed separately for each apartment;
*(zh) “development charges” means the cost of external and internal development
works;
*(zi) “development works” means external and internal development works;
*As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013,(Act No.41 of 2013).
** As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2015, (Act No.14 of 2015).
8
*(zj) “estate agent” means a person who negotiates or acts on behalf of a person in
a transaction of transfer of property whether by way of sale, lease, license,
mortgage or otherwise with another person and receives remuneration for his
services in the form of commission and includes a person who introduces to
each other for negotiation such persons or their agents;
Explanation. - The person who acts as described in this clause shall be deemed
to be an estate agent even if he styles himself as a land or
housing agent, property or real estate consultant, property
dealer, realtor or by any other name;
*(zk)“external development works” includes roads and road systems, water supply,
sewerage and drainage systems, electric supply or any other work which may
have to be executed in the periphery of, or outside, a colony for its benefit;
*(zl) “internal development works” means roads, footpaths, water supply, sewers,
drains, rain water harvesting system, tree planting, street lighting, provisions
for community buildings and for treatment and disposal of sewerage and
sullage water, or any other work within in a colony nece ssary for its proper
development;
*(zm)“joint family ” means a Hindu undivided family and in the case of other
persons, a group the members of which are by custom joint in possession of
property or residence;
*(zn)“limited common areas and facilities ” means those common areas and
facilities which are designated in writing by the promoter before the allotment,
sale or transfer of any apartment, as reserved for use by the resident of certain
apartments to the exclusion of other apartments;
*(zo)“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 Institu tions 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 this Act;
*(zp)“natural disaster” means a catastrophe, mishap, calamity or grave occurrenc e
in any area, arising from natural or manmade causes or by accident or
negligence which results in substantial loss of life or human suffering or
damage to, and destruction of property or damage to, or degradation of
environment and is of such a nature or magnitude as to be beyond the coping
capacity of the community of the affected area;
*(zq)“natural hazards” means probability of occurrence, within a specified period
of time in a given area, of a potentially damaging natural phenomenon;
*(zr)“natural hazard prone areas” means areas likely to have,-
(i) moderate to very high damage risk zone of earthquakes or
(ii) significant flow or inundation or
(iii) landslide potential or proneness or
(iv) one or more of these hazards;
*(zs)“person” includes company , firm, co -operative society, joint family and
incorporated body of persons;
*(zt)“prescribed” means prescribed by the rules made under this Act;
*As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013).
9
*(zu)“promoter” means a person who,-
(i) constructs or causes to be constructed a building consisting of
apartments or converts an existing building or a part thereof into
apartments for the purpose of selling all or some of the apartments to
other persons and includes his assigns; or
(ii) develops land into a colony, whether or not, he also constructs
structures on any of the plots **“for the purpose of ” selling to other
persons, all or some of the plots whether open or with structures
thereon; and
**(iii) “constructs more than eight apartments or converts an existing
building into more than eight apartments or develops a colony and the
person who sells apartments or plots are different persons in any
planning area, or any special area or any deemed planni ng area as
specified in sub -section (3a) of section 1, the terms includes both of
them;”
Explanation.- A person who acts as described in sub-clause (iii) of this
clause shall be deemed to be a promoter, even if-
(i) he styles himself as a builder, colonizer, contractor, developer,
estate promoter or by any other name; or
(ii) he claims to be acting as the holder of a power of attorney
from the owner of the land on which the building is
constructed or colony is developed; and
*(zv)“property” means the land, the building, all improvements and structures
thereon and all easements, rights and appurtenances belonging thereto and
includes every type of right and interest in land which a person can have to the
exclusion of other persons, such as po ssession, use and enjoyment free from
interference, right of disposition, franchises and hereditament.".
CHAPTER-II
DIRECTOR OF
TOWN AND COUNTRY PLANNING
3. (1) After the commencement of this Act the State Government shall by notification
in the Official Gazette, appoint an officer for the purpose of carrying out
function assigned to him under this Act, as the Director of Town and Country
Planning for the State and may appoint such other categories of officers a s
it may deem fit.
(2) The Director shall exercise such powers and perform such duties as are
conferred or imposed upon him by or under this Act and the officers appointed
to assist the Director shall, within such area as the State Gove rnment
may specify, exercise such powers and perform such duties conferred and
imposed on the Director by or under this Act as the State Government may,
by special or general order, direct.
(3) The officers appointed to assist the D irector shall be subordinate to him
and shall work under his guidance, supervision and control.
*As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013).
**As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2015 (Act No.14 of 2015).
Director
and other
officers
10
CHAPTER-III
REGIONAL PLANNING
4. (1) The State Government may, by notification,-
(a) declare any area in the State to be a region for the purposes of this Act;
(b) define the limits of such area; and
(c) specify the name by which such region shall be known.
(2) The State Government may, by notification, alter the name of any such region
and on such alteration, any reference in any law or instrument or other
documents to the region shall be deemed to be a reference to the region as
re-named unless expressly otherwise provided or the context so requires.
(3) The State Government may, by notification,-
(a) alter the limits of a region so as to include therein or exclude there
from such area as may be specified in the notification;
(b) amalgamate two or more regions so as to form one region;
(c) divide any region into two or more region; or
(d) declare that the whole or part of the area comprising a region shall
cease to be a region or part thereof.
5. Subject to the provisions of this Act and the rules made there under, it shall be the
duty of the Director:-
(i) to carry out a survey of the regions;
*(ii) to prepare an existing land use map indicating the natural hazard
proneness of the area; and
*(iii) to prepare a regional plan keeping in view the regulation for land use
zoning for natural hazard prone area.
6. (1) The Director shall, with a view to prepare the existing land use map, and
other maps as are necessary for the purpose of regional plan,-
(a) carry out such surveys as may be necessary;
(b) obtain from any department of Government and any local authority such
maps, survey reports and land records as may be necessary for the
purpose.
(2) It shall be the duty of every Government department and local authority to
furnish, as soon as may be possible maps, reports and record, as may be required
by the Director.
7. The regional plan shall indicate the manner in which land in the region should
be used, the phasing of development, the net work of communications and
transport, the proposals for conservation and development of natural re sources,
and in particular :-
* As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013)
Establishment
of Regions
Director to
prepare
regional plan
Contents of
regional plan
Survey
11
(a) allocation of land to such purposes as residential, industrial, agricultural or
as forests or for mineral exploitation;
(b) reservation of open spaces for recreational purposes, gardens, tree belts,
and animal sanctuaries;
(c) access or development of transport and communication facilities such
as roads, railways, water ways, and the allocation and development of
airports;
(d) requirements and suggestions for development of public utilities such as
water supply, drainage and electricity;
(e) allocation of areas to be developed as “Special Areas” wherein new
towns, townships, large industrial estates or any other type of large
development projects may be established;
(f) landscaping and the preservation of areas in their natural state;
(g) measures relating to the prevention of erosion, including rejuvenation of
forest areas;
(h) proposals relating to irrigation, water supply or flood control works.
8.(1) After preparation of the existing land use map, the Director shall cause to
be prepared a draft regional plan and publish it by making a copy thereof
available for inspection and publishing a notice in such form and manner as
may be prescribed inviting objections and suggestions from any person with
respect to the draft plan before such date as may be specified in the notice, such
date not being earlier than sixty days from the publication of the notice. Such
notice shall specify in regard to the draft plan the following particulars, namely:-
(a) the existing land use map and the narrative report thereon;
(b) a narrative report supported by necessary map and charts explaining the
provisions of the draft plan;
(c) a notice indicating the priorities assigned to works included in the draft plan
and the phasing of the program of development as such;
(d) a notice on the role being assigned to different departments of Government
the Town and Country Development Authorities, the Special Area
Development Authorities, and the Local Authorities in the enforcement and
implementation of draft plan.
(2) The Director shall consider all the objections and suggestions received by
him within the period specified in the notice under sub -section (1) and shall, after
giving a reasonable opportunity to all persons affected thereby of being heard,
prepare the regional plan containing such modifications, if any, as he considers
necessary and submit it to the State Government for approval together w ith all
connected documents, plans, maps and charts.
9.(1) The State Government may approve the draft regional plan sub mitted under
section 8 with or without modification or reject or return the same to the Director
for reconsideration.
(2) Immediately after the draft regional plan is approved under sub- section (1) the
State Government shall publish in such manner, as may be prescribed, a notice
stating that the regional plan has been approved and mentioning a place
where a copy of the plan may be inspected at all reasonable hours and
shall specify therein a date on which the regional plan shall co me into
operation:
Preparation
of regional
plans
Finalisation
of regional
plan.
12
Provided that where the State Government approves the draft
regional plan with modifications, it shall not be published, unless the State
Government having published s u c h modifications in the Official Gazette
along with a notice inviting objections and suggestions thereon, within a
period of not less than thirty days from the date of publication of such notice
have considered the objections and suggestions after giving a reasonable
opportunity of being heard to persons affected thereby.
10.(1)Notwithstanding anything contained in any other law for the time being in
force, on or after the date of publication of the draft regional plan no person,
authority, department of government or any other person shall change the use of
land for any purpose other than agriculture, or carry out any development in
respect of any land contrary to the provisions of the draft plan, without the prior
approval of the Director or any officer next to him authorized by the Director, in
this behalf.
(2) Notwithstanding anything contained in any law for the time being in force, the
permission referred to in sub-section (1) shall not be granted otherwise than in
conformity with the provision of the draft or final plan and no permission, if
granted, shall be construed to confer any legal right whatsoever on the
person seeking the permission.
(3) If any work is carried out in contravention of the provisions of this section, the
Municipal Corporation, Municipal Council or Nagar Panchayat within its such
local area, and the Collector in area outside such local areas may cause such work
to be removed or demolished at the cost of the defaulter, which shall be recovered
from him in the same manner as an arrear of land revenue:
Provided that no action shall be taken under this sub-section unless the
person concerned is given a reasonable opportunity of being heard and a notice
calling upon him to r emove or demolish the work within a time specified
therein.
(4) Any person aggrieved by the orde r of the Municipal Corporation, *Municipal
Council or Nagar Panchayat or Collector, as the case may be, calling upon to
remove or demolish the work may prefer an appeal to the Director within fifteen
days of the receipt of the n otice under sub-section (3) and the order of the director
in such appeal shall be final.
11. Where the regional plan assigns a particular land use to certain areas and any land
situate therein is already put to such use, subject to substantially similar
restrictions in force under any other law which was in force on the date on
which restrictions were imposed by or under this Act and if amount in respect of
such restrictions have already been paid under any such other l aw which was in
force for the time being in respect of the property or any right or interest therein to
the claimant, or any predecessor in interest of the claimant, the owner shall not be
entitled to any further amount on account of injury or damage cause d to his rights
by reasons of the restrictions placed on the use of the land under the provisions of
this Act.
12.(1)The Director may on his own motion or if so required by the State Government, at
any time after regional plan has come into operation, undertake the review and
evaluation of the regional plan and make such modification in it as may be
justified by the circumstances.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2001(Act No.15 of 2001)
Restriction
on use of
land or
development
Exclusion
from claims
of amount in
certain cases
Review of
regional
plan.
13
(2) The foregoing provisions of this Chapter shall so far as they can be made
applicable, apply to the modifications under sub-section (1) as these provisions
apply in relation to the preparation, publication and approval of a regional plan.
CHAPTER -IV
PLANNING AREAS AND DEVELOPMENT PLANS
13.(1)The State Govern ment may, by noti fication, constit ute planning areas for the
purposes of this Act and define the limits thereof.
(2) The State Government may, by notification,-
(a) alter the limits of a planning area so as to include therein or
exclude there from such area as may be specifi ed in the
notification;
(b) amalgamate two or more planning areas so as to constitute one planning
area;
(c) divide any planning area into two or more planning areas;
(d) declare that the whole or part of the area constituting the planning area
shall cease to be planning area or part thereof.
14. Subject to the provisions of this Act and the rules made thereunder the Director
shall-
*(a) prepare an existing land use map indicating the natural hazard
proneness of the area;
*(b) prepare an interim development plan keeping in view the regulation
for land use zoning for natural hazard prone area;
*(c) prepare a development plan keeping in view the regulation for land use
zoning for natural hazard prone area;
(d) prepare a sectoral plan;
(e) carry such surveys and inspections and obtain such pertinent reports
from Government departments, local authorities and public institutions as
may be necessary for the preparation of the plans;
(f) perform such duties and functions as are supplemental, incidental and
consequential to any of the foregoing functions or as may be assigned by
the State Government for the purpose of carrying out the provisions of
this Act.
15.(1)The Director shall carry out the survey and prepare an existing land use map
and forthwith publish the same in such manner as may be prescribed together
with public notice of the preparation of the map and of the place or places where
the copies may be inspected, inviting objections and suggestions in writing from
any person with respect thereto within thirty days from the date of publication of
such notice.
*As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013)
Director to
prepare
Development
Plans
Existing
Land use
Maps
Planning
Area
14
(2) After the expiry of the period specified in the notice published under sub -section
(1), the Director may, after allowing a reasonable opportunity of being heard to all
such persons who have filed the objections or suggestions, make such
modifications therein as may be considered desirable.
(3) As soon as may be after the map is adopted with or without modifications
the Director shall publish a public notice of the adoption of the map and the place
or places where the copies of the same may be inspected.
(4) A copy of the notice shall also be published in the Official Gazette and it shall be
conclusive evidence of the fact that the map has been duly prepared and adopted.
*15-A. Freezing of landuse pending preparation of existing landuse map under
section 15(1)- Wherever the State Government, after the constitution of the
planning area under section-13 **or the special area under Section-66 but before
the publication of the existing landuse map under section-15, is satisfied that
in any planning area or part thereof ** or the Special Area or part thereof as
the case may be, the change of the landuse on any building operation therein-
(a) is likely to cause injurious disturbance of the surface or any land or soil, or
is considered detrimental to the preservation of the soil, prevention of
land slip; or protection against erosion; or
(b) is likely to make it difficult to plan and develop the area in question
in accordance with the provisions of the Act, the State Government may, by
notification published in the Official Gazette, freeze the e xisting landuse,
for a period not exceeding ***“five years.”
(2) On the issuance of a notification under sub-section (1)-
(a) no person shall change, the use of any land or carryout any
development of land (other than the change for the purpose of agriculture),
without the written permission of the Director; and
(b) no local authority or officer or other authority shall, not withstanding
anything contained in any other law for the time being in force, grant
permission for the change in use of land without the written permission of
the Director.
(3) Any permission that the Director may grant under sub -section (2) shall be subject
to such conditions and restrictions as may be imposed in this behalf by the State
Government.
16. On the publication of the existing land use map under section 15-
(a) no person shall institute or change the use of any land or carryout any
development of land for any purpose other than that indicated in the
existing land use map without the permission in writing of the Director;
Provided that the Director shall not refuse permission if the
change is for the purpose of agriculture;
*As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 1992 (Act No.10 of 1992).
**As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 1994 (Act No.16 of 1994).
***As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2015 (Act No. 14 of 2015).
Freezing of
land use
15
(b) no local authority or any officer or other authority shall, notwithstanding
anything contained in any other law for the time being in force, grant
permission for the change in use of land otherwise than as indicated in
the existing land use map without the permission in writing of the Director.
*(c) no Registrar or the Sub-Registrar, appointed u n d er the Indian
Registration Act, 1908, shall, in any planning area constituted under
section 13, **“in any special area or any deemed planning area as specified
in sub-section (3a) of section 1 ” register any deed or document of transfer
of any sub-division of land by way of sale, gift, exchange, lease or mortgage
with possession, unless the sub-division of land is duly approved by the
Director, subject to such rules as may be framed in this behalf by the State
Government:
Provided that the Registrar or the Sub-Registrar may register any transfer,-
(i) where the land is owned by a person and the transfer is made without
involving any further divisions;
(ii) where the partition/sub-division of land is made in a Joint Hindu Family;
(iii) where the lease is made in relation to a part or whole of a building;
(iv) where the mortgage is made for procuring the loans for
construction or improvements over the land either from the
Government or from any other financial institution constituted or
established under any law for the time being in force or recognized by the
State Government.
17.(1)As soon as may be, after the declaration of a planning area, the Director shall,
within such time as may be necessary, prepare, after consultation with local
authorities concerned, if any, and submit to the State Govern ment an interim
development plan for the planning area or any of its parts and such other area or
areas contiguous or adjace nt to the planning areas as the St ate Government may
direct to be included in the Interim Development Plan.
(2) The interim development plan shall-
(a) indicate broadly the land use proposed in the planning area;
(b) allocate broadly areas or sector of land for-
(i) residential, industrial, commercial or agricultural purposes;
(ii) open spaces, parks and gardens, green belts, zoological gardens
and play grounds;
(iii) public institutions and offices;
(iv) such special purposes as the Director may deem fit;
(c) lay down the pattern of National and State highways connecting the
planning area with the rest of the region, ring roads, arterial roads and the
major roads within the planning areas;
(d) provide for the location of airports, railway stations, bus terminal and
indicate the proposed extension and development of railways and canals;
(e) make proposals for general landscaping and preservation of natural
areas;
(f) project the requirement of the planning area of such amenities and utilities
as water, drains, electricity and suggest their fulfillment;
Interim
Development
Plans
* As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 1981 (Act No.14 of 1981).
** As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2015 (Act No.14 of 2015).
16
(g) propose broad based regulations for sectoral development, by way of
guidelines, within each sector of the location, height, size of buildings and
structures, open spaces, court -yards and the use to which such buildings
and struc tures and land may be put *“including regulations for facade
control and sloping roof conforming to the hill architecture and environs”;
(h) lay down the broad based traffic circulation patterns in a city;
(i) suggest architectural control features, eleva tion and frontage of buildings
and structures;
(j) indicate measures for flood control, *“and protection against land slide ”,
prevention of air and water po llution, disposal of garbage and general
environmental control.
(3) Subject to provisions of the rules made under this Act for regulating the
form and contents of the interim development plan any such plan shall include
such maps and such descriptive matters as may be necessary to explain and
illustrate the proposals in the interim development plan.
(4) As soon as may be, after the submission of the interim development plan, under
sub-section (1) the State Government may either approve the interim development
plan or may approve it with such modification as it may consider necessary.
(5) The State Government shall publish the interim development plan as approved
under sub-section (4) in the Official Gazette. The interim development plan shall
come into operation from the date of its publication in the Official Gazette and
shall be binding on all local authorities functioning within the planning areas.
18. A development plan shall-
(a) indicate broadly the land use proposed in the planning areas;
(b) allocate broadly areas or sector of land for,-
(i) residential, industrial, commercial or agricultural purposes
(ii) open spaces, parks and gardens, green belts, zoological gardens and
play grounds,
(iii) public institutions and offices,
(iv) such special purposes as the Director may deem fit;
(c) lay down the pattern of National and State highways connecting the
planning area with the rest of the region ring roads, arterial roads, and the
major roads within the planning area;
(d) provide for the location of airports, railway stations, bus terminal and
indicate the proposed extension and development of railways;
(e) make proposals for general landscaping and preservation of natural areas;
(f) project the requirement of the planning area of such amenities and utilities
as water, drainage, electricity and suggest their fulfillment;
(g) propose broad based regulations for sectoral development, by way of
guideline, within each sector of the location, height, size of buildings and
structures, open spaces, court-yards and the use to which such buildings
and structures and land may be put *“including regulations for facade
control and sloping roof conforming to the hill architecture and environs”;
* As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013).
Development
Plan
17
(h) lay down the broad based traffic circulation patterns in a city;
(i) suggest architectural control features, elevation and frontage of
buildings and structures;
(j) indicate measures for flood control, *“and protection against land slide ”,
prevention of air and water pollution, disposal of garbage and general
environmental control.
19.(1)The Director shall forthwith publish the draft development plans prepared under
section 18 in such manner as may be prescribed together with a notice of the
preparation of the draft development plan and the place or places where the
copies may be inspected, inviting objections and the sugge stions in writing from
any person with respect thereto, within thirty days from the date of publication of
such notice. Such notice shall specify in regard to the draft development plan the
following particulars, namely:-
(i) the existing land use maps;
(ii) a narrative report, supported by maps and charts, explaining the provisions
of the draft development plan;
(iii) the phasing of implementation of the draft development plan as suggested
by the Director;
(iv) the provisions for enforcing the draft develo pment plan and stating the
manner in which permission to development may be obtained;
(v) an approximate estimate of the cost of land acquisition for public purposes
and the cost of works involved in the implementation of the plan.
(2) The Director shall, not later than ninety days after the date of expiry of the notice
period under sub -section (1), consider all the objections and suggestions as may
be received within the period specified in the notice under sub -section (1) and
shall, after giving reasonable opportunity to all persons affected thereby of
being heard, make such modifications in the draft development plan as he
may consider necessary, and submit not later than six months after the
publication of the draft development plan, the plan so modified, to the State
Government for approval together with all connected documents, plans, maps and
charts.
20.(1)Excerpt shown. Open the full act in Lexace.