Bare Acts Live

The Himachal Pradesh Town and Country Planning Act, 1977

(Act No. 12 of 1977)

HP065

Chapter I

Preliminary

(a) lands comprised within a cantonment under the Cantonments Act, 1924; (2 of 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 for the purpose of construction and maintenance of works under Chapter III of the Indian Railways Act, 1890; (9 of 1890) and

(d) lands owned by any department of the Central Government where operational constructions are going on.

(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, playgrounds, 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 purposes, whether in actual use or not;

(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 a 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 homes, infirmaries, educational institutions, hostels, restaurants and boarding houses not being attached to any educational institutions, 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 an 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;

(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 land 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) a 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 Executive Officer, by whatever name designated, or a local authority, statutory authority, company, 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, over-crowding, faulty arrangement 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;

(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.

Chapter II

Director of Town and Country Planning

Chapter III

(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.

(a) alter the limits of a region so as to include therein or exclude therefrom 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.

(i) to carry out a survey of the regions;

(ii) to prepare an existing land use map; and

(iii) to prepare a 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.

(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.

(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 note indicating the priorities assigned to works included in the draft plan and the phasing of the programme 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.

Chapter IV

Planning Area and Development Plans

(a) alter the limits of a planning area so as to include therein or excluse therefrom such area as may be specified 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 a planning area or part thereof.

(a) prepare an existing land use map;

(b) prepare an interim development plan;

(c) prepare a development plan;

(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.

(a) no person shall institute or change the use of any land or carry out 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;

(b) no local authority or any 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 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 under the Indian Registration Act, 1908, shall, in any planning area constituted under section 13, 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:]

(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 recognised by the State Government.

(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 termini and indicate the proposed extension and development of railways and canals;

(e) make proposals for general land scaping 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 fulfilment;

(g) propose broad based regulations for sectoral development, by way of guide-lines, 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;

(h) lay down the board-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, prevention of air and water pollution, disposal of garbage and general environmental control.

(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 termini and indicate the proposed extension and development of railways;

(e) make proposals for general land scaping 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 fulfilment;

(g) propose broad-based regulations for sectoral development, by way of guide-line, 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;

(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, prevention of air and water pollution, disposal of garbage and general environmental control.

(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 development 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.

Chapter V

Sectoral Plan

(a) indicate the land liable to acquisition for public purpose or the purposes of the Union Government, the State Government, the Town and Country Development Authority, the Special Area Development Authority, the local authority or any other authority established by or under any enactment for the time being in force.

(b) define in detail and provide for areas reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, recreational areas, green belts and natural reserves;

(c) allocate in detail areas or sectors for residential, commercial, industrial, agricultural and other purposes;

(d) define and provide for the complete road and street pattern for the present and in the future and indicate the traffic circulation;

(e) lay down in detail the projected road and street improvement;

(f) indicate and provide for areas reserved for public buildings, institutions and civic developments;

(g) assess, make projections for and provide for the future requirements of amenities, services and utilities such as municipal, transport, electricity, water and drainage;

(h) prescribe in detail the sectoral regulations for each sector, with a view to facilitating on individual layout and regulating the location, height, number of storeys and the size of buildings and other structures, the size of the court-yards, courts and other open spaces and the use of the buildings, structures and land;

(i) define areas which have been badly laid out or areas which have developed so as to form slums, and provide for their proper development and/or relocation;

(j) designate areas for future development and expansion;

(k) indicate the phasing of the programme of development.

(a) control over architectural features; elevation and frontage of buildings and structures; and

(b) the details of development of specific areas for housing, shopping centres, industrial areas, educational and cultural institutions and civic centres.

Chapter VI

Control of Development And Use of Land

(a) for carrying out works for the maintenance, repair or alteration of any building which does not materially alter the external appearance of the building;

(b) for carrying out work for the improvement or maintenance of a highway, road or public street by the Union or State Government or an authority established under this Act or by a local authority having jurisdiction, provided that such maintenance or improvement does not change the road alignment contrary to the provisions of the development plan;

(c) for the purpose of inspecting, repairing or renewing any drain, sewers, mains, pipes, cables, telephone or other apparatus including the breaking open of any street or other land for that purpose;

(d) for the excavation or soil shaping in the interest of agriculture;

(e) for restoration of land to its normal use where land has been used temporarily for any other purposes.

(f) for use for any purpose incidental to the use of building for human habitation, or any other building or land attached to such buildings;

(g) for the construction of a road intended to give access to land solely for agricultural purposes

(i) make necessary modification in the proposals for development to meet the objections raised by the Director, or

(ii) submit the proposal for development together with the objections raised by the Director to the State Government for decision:

(a) grant the permission unconditionally;

(b) grant the permission, subject to such conditions as may be deemed necessary under the circumstances; or

(c) refuse the permission.

(a) for development for the purpose of town expansion or town improvement, or

(b) for development for the purpose of the Union or State Government or a local authority or a Special Area Development Authority constituted under this Act, or

(c) for development as a highway or a public utility services and the owner of the land claims-

(i) the land has become incapable of reasonably beneficial use in its existing state, or

(ii) the permission to develop land is given subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with the conditions, or

(iii) the sale value of the land has diminished because of the designation of the land for acquisition or development,

(a) if it is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order of decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or the rules made thereunder, confirm the notice or direct that the permission be granted without conditions or subject to such conditions as will make the land capable of reasonably beneficial use;

(b) in any other case, refuse to confirm the notice but in that case, the applicant shall be given a reasonable opportunity of being heard

(a) the Director to sanction the deletion of such designation or reservation or allocation from the draft development plan or sectoral plan; or

(b) the State Government to sanction the deletion of such designation or reservation or allocation from the final development plan or sectoral plan.

(a) where the permission related to the carrying out or other operations, no such orders-

(i) shall affect such of the operations as have been previously carried out;

(ii) shall be passed after those operations have been completed;

(b) where permission related to a change of use of land, no such order shall be passed at any time after the change has taken place.

(a) without permission required under this Act,

(b) in contravention of the permission granted or any condition subject to which such permission has been granted;

(c) after the permission for development has been duly revoked or

(d) in contravention of any permission which has been duly modified, shall, without prejudice to any action that may be taken under section 39, be punished with simple imprison fora term which may extend to six months, or with fine which may extend to two thousand rupees or with both, and in the case of continuing offence with further fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.

(a) in cases specified in clause (a) or (c) of section 38 to restore the land to its condition existing before the said development took place;

(b) in cases specified in clause (b) or (d) of section 38 to secure compliance with the conditions or with the permission as modified:

(a) the demolition or alteration of any building or works,

(b) the carrying out on land of any building or other operations, or

(c) the discontinuance any use of land.

(a) prosecute the owner for not complying with the notice and whether the notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice, and

(b) where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations itself, cause the restorations of the land to its condition before the development took place and secure compliance with the condition of the permission or with the permission as modified by taking such steps as the Director may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations, and recover the amount of any expenses incurred by him in this behalf from the owner as arrears of land revenue.

Chapter VII

Town and Country Development Authority

(a) a Chairman;

(b) other members not exceeding six.

(i) acquisition, development and sale or leasing of land for the purpose of town expansion.

(ii) acquisition, relaying out of, rebuilding or relcating areas which have been badly laid out or which have developed or degenerated into a slum;

(iii) acquisition and development of land for public purposes such as housing development, development of shopping centres, cultural centres, administrative centres;

(iv) acquisition and development of areas for commercial and industrial purposes;

(v) undertaking of such building or construction work as may be necessary to provide housing, shopping, commercial or other facilities;

(vi) acquisition of land and its development for the purpose of laying out or remodelling of road and street pattern;

(vii) acquisition and development of land for playgrounds, parks, recreation centres and stadium;

(vii) reconstruction of plots for the purpose of buildings, roads, drams, sewerage lines and other similar amenities:

(ix) any other work of a nature such as would be about environmental improvements which may be taken up by the authority with the prior approval of the State Government

(i) define and demarcate the areas allotted to or reserved for public purposes;

(ii) demarcate the reconstituted plots;

(iii) evaluate the value of the original and the constituted plots;

(iv) determine whether the areas reserved for public purpose are wholly or partially beneficial to the residents within the area of the scheme;

(v) estimate and apportion the compensation to or contribution from the beneficiaries of the scheme on account of the reconstitution of the plot and reservation of portions for public purpose;

(vi) evaluate the increment in value of each reconstituted plot and assess the development contribution leviable on the plot holder:

(vii) evaluate the reduction in value of any reconstituted plot and assess the amount payable therefor.

(a) to frame a town development scheme,

(b) to modify a town development scheme during execution,

(c) to revoke a town development scheme, for reasons to be specified in such direction:

Chapter VIII

Special Areas

(a) alter the limits of the special area so as to include therein or exclude therefrom such area as may be specified in the notification;

(b) declare that the special area shall cease to be so.

(v) or clause (vi) of section 70 cease to exercise the powers and perform the functions and duties which the Special Area Development Authority is competent to exercise and perform under this Act.

(a) the Chairman; and

(b) such other members as Government may determine from time to time.

(i) to prepare, if required to do so, the development plan for the special area;

(ii) to implement the development plan after its approval by the State Government;

(iii) for the purpose of implementation of the plan, to acquire, hold, develop, manage and dispose of land and other property;

(iv) to carry out construction activity and to provide such utilities and amenities as water, electricity, drainage and the like;

(v) to provide the municipal services as specified in the Himachal Pradesh Municipal Act, 1968;

(vi) to provide for the municipal management of the special area in the same manner as is provided in the Himachal Pradesh Municipal Act, 1968; (19 of 1968.)

(vii) to otherwise perform all such functions with regard to the special area as the State Government may, from time to time, direct: (19 of 1968.)

(a) for the purpose of acquisition of land, exercise the powers and follow the procedure which a Town and Country Development Authority have to follow under this Act;

(b) for the purpose of planning, exercise the powers which the Director has under this Act; and

(c) for this purpose the municipal administration, have the powers which a Municipal Committee has under the Himachal Pradesh Municipal Act, 1968. (19 of 1968).

(a) accept grants from the State Government or a local authority;

(b) raise loans, subject to such terms and conditions as may be prescribed.

Chapter IX

Control

(a) all the properties, funds and dues which are vested in or realisable by the authority, shall vest in, or be realisable by, the State Government;

(b) all liabilities which are enforceable against the authority shall be enforceable against the State Government;

(c) for the purpose of realising properties, funds, and dues referred to in clause (a), the function of the authority shall be discharged by the State Government;

(d) all powers and functions to be exercised or discharged by the authority under this Act shall be exercised and discharged by the Director and for the purpose any reference in this Act to the said authority shall be construed as a reference to the Director

Chapter X

Miscellaneous

(a) making any measurement or survey or taking levels of such land or buildings;

(b) setting out or making boundaries and intended lines of development;

(c) making such levels, boundaries and lines by placing marks and cutting trenches;

(d) examining works under construction and ascertaining the course of sewers and drains;

(e) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or the rules or the regulations made thereunder:

(i) in the case of any building used as a dwelling house or upon any enclosed part of garden attached to such a building, no such entry shall be made except between the hours of sunrise and sunset or without giving its occupier at least 24 hours' notice in writing of the intention to enter;

(ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or buildings;

(iii) due regard shall always be had so far may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.

(a) any vacancy, in or defect in the constitution thereof; or

(b) any defect in the appointment of a person acting as a Chairman or member thereof; or

(c) any irregularity in the procedure thereof not affecting the merits of the case.

Chapter XI

Rules And Regulations

(i) other categories of officers which may be appointed under section 3(1);

(ii) the form and manner of publication of notice inviting objections and suggestions under section 8(1);

(iii) the manner of publication of the regional plan under section 9(2);

(iv) the manner of publication of an existing land use map under section 15(1) for inviting objections and suggestions;

(v) the regulation of the forms and contents of interim development plan under section 17;

(vi) the manner of publication of the draft development plan under section 19(1)

(vii) the manner of publication of public notice under section 20(4);

(viii) the documents and plans which shall accompany the information under section 28(1);

(ix) (a) the form of application under section 30(1), the particulars which such application shall contain and the documents which shall accompany such application;

(b) the fee which shall be accompanied with the application under section 30(2);

(x) the form in which permission shall be granted under section 31(3);

(xi) the manner of communication of order under section 31(4),

(xii) the manner in which the appeal shall be made and the fees which shall accompany such appeal under section 32(1);

(xiii) the time within which, the manner in which and the documents together with which a notice shall be served under section 35(1);

(xiv) the manner in which amount in lieu of expenditure incurred after the grant of permission may be assessed under section 37( 1);

(xv) the manner in which an application shall be made-under section 39(3);

(xvi) the manner of publication of declaration under section 52(2);

(xvii) the form in which and the manner in which the town development schemes in draft form shall be published under section 52(3);

(xviii) the manner in which the final town development scheme shall be published under section 52(7);

(xix) the terms and conditions subject to which the land shall vest in the Town and Country Development Authority under section 58;

(xx) (a) the form in which and the manner in which a notice shall be published under section 61(1);

(b) the form in which a notice shall be issued under section 62(4);

(xxi) the terms and conditions subject to which the Town and Country Development Authority may issue debentures or borrow money under section 65;

(xxii) the terms and conditions subject to which loans may be raised under section 72(2); and

(xxiii) any other matter for which rules may be made,

(a) the summoning and holding of meetings, the time and place where such meetings shall be held; and the conduct of business thereat;

(b) procedure for disposal of developed lands, houses, buildings and other structures under section 60;

(c) the management of property and the maintenance and audit of accounts;

(d) the made of appointment of committees, summoning and holding of meetings, and the conduct of business of each such committee;

(e) such other materials as may be necessary for the exercise of the powers and performance of duties and functions by the Town and Country Development Authority or the Special Area Development Authority, as the case may be, under this Act

[Appendix-I]

Application Form For Composition of Deviations and Un-Authorised Constructions/developments

Dated.......................

The ........................................
............................................
............................................

(a) Details of deviations/unauthorized constructions/developments carried out are as under : -

(b) The following documents are enclosed herewith : -

(i) two sets of Location Plan in the scale of 1:1000;

(ii) two sets of Site Plan in the scale of 1:200, clearly showing the building within Tatima dimensions and also showing all drainage lines, sewerage connection or location of septic tank, soak pit, rain water harvesting tank, solar passive arrangement and house drainage;

(iii) two sets of detailed architectural drawings of the existing building/proposed construction showing each storey with two cross-sections and two elevations of the building in the scale of 1:100. These drawings are in the form of working drawing showing all the dimensions of rooms, openings, thickness of wall, floor and slab etc.;

(iv) two sets of photographs taken from all sides of the building, clearly showing the number of storeys;

(v) one copy of latest original Jamabandi;

(vi) one copy of original Tatima showing dimensions of plot;

(vii) one copy of Structural Stability Certificate from a qualified Structural Engineer;

(viii)affidavit to the effect that building has been constructed, -

(a) on own land and has not encroached upon any Government or other person's land;

(b) that applicant has not raised construction over the controlled width of roads or that the road was notified as the National Highway/ State Highway/District Road after the construction of the building;

(c) that there is no pending litigation in respect of land or building in question with any person or authority; and

(d) that the applicant will not object for laying of any civic amenities.

Yours faithfully,

Name..........................................

Address.......................................

Phone No....................................

e-mail.......................................].