The Himachal Cabinet today approved to regularize the deviations made by the building owners in the Town and Country Planning areas and other local bodies on ‘as is where is’ basis provided 30 percent open space is available as per the requirement of set-backs, through an ‘Ordinance’.
Chief Minister Virbhadra Singh presided over the Cabinet Meeting.
As per the Ordinance, the applicants will have to apply within 45 days from the date of promulgation of the Ordinance. Such buildings as constructed on Municipal land or by way of encroachment on government land shall not be regularized. All such unauthorized structures shall be subjected to stringent scrutiny of structural audit.
The unauthorized buildings which do not qualify for regularization under the Ordinance shall face disconnection of electricity and water services. Unauthorized constructions in green areas taking place after the notification of the green belts will not be regularized.
This amendment of HP TCP Act, 1977 is the last resort to regularize unauthorized constructions. Department has been strictly directed not to allow any illegal construction in future.
The basic rate for deviation on set-backs upto 35 percent for residential buildings (where permission has been taken but deviation has been made on set-backs) would be Rs. 800 per square meter for ground floor level and Rs. 400 per square meter for each subsequent floor level. The rate for the unauthorized building is Rs 400 per square meters for ground level coverage in rural areas or outside MC area and Rs. 200 per square meter for each subsequent floor. The rate would multiply two times for deviations on set-backs measuring above 35 percent and upto 70%.
The foresaid compounding rate would be doubled for commercial unauthorized structures.
The number of unauthorized storeys in Municipal areas would be retained at Rs 1500 per Square metre upto 100 Square metre of the unauthorized area. This rate will be Rs. 1000 per square metre for deviations in Rural areas. Deviations beyond 100 Sq. Meter in unauthorized storeys would be compounded at double the foresaid rate.
