Govt amends TCP rules, violators to benefit

Pratibha Chauhan
Tribune News Service
Shimla, September 5

The status of thousands of unauthorized building across the state could finally be settled as the government has notified amendments in rule 35 of the Town and Country Planning Rules, 2014 to pave the way for regularization of these buildings made in violation of norms.

The Town and Country Planning Department notified the Himachal Pradesh Town and Country Planning (Fourth Amendment) Rules, 2019 yesterday which will pave the way for regularization of these illegal structures whose number is estimated to be over 20,000. However, the relief to the violators comes with a hefty penalty as these structures will be regularized on payment of fee four and six times of the normal.

The government has been in a dilemma for quite some time as to how it could offer relief to owners of these structures. With the high court barring the government from coming out with another retention policy, it was decided to amend the rules so that there could be one-time settlement of all these cases. The National Green Tribunal and Himachal High Court had come down heavily on the state government for allowing most towns to become concrete jungles and structures being raised in violation of all norms. In case of building where plan was not approved but construction carried out as per the Himachal Pradesh Town and Country Planning Act, 1977, the Himachal Pradesh Town and Country Planning Rules, 2014 and Regulations of Interim Development Plan or Development Plan, a composition fee equal to four times of fee will be charged.

Even though no objection and suggestion were received by the Director, Town and Country Planning, to the notification issued on January 2, 2019 for inviting objections and suggestions from people who could be affected, the government in a sudden move decided to offer relief to owners of all such structures, be it private or commercial so that their status could become legal.

In case of building where plan was not approved and deviations have also been carried out beyond the permissible limits as specified under rules and regulations to the extent of 10 per cent over any or all the setback on ground floor and all the subsequent floors. These rules may be called the Himachal Pradesh Town and Country Planning (Fourth Amendment) Rules, 2019. Such structure shall be regularized on payment of composition fee equal to the six times of fee as specified and applicable under sub-rule (2) of rule 16 of these rules.

The penalty specified 

• In case of building where plan was not approved but construction carried out as per the TCP Act, 1977, the Himachal Pradesh Town and Country Planning Rules, 2014 and Regulations of Interim Development Plan or Development Plan, a composition fee equal to four times of fee will be charged. 
• In case of building where plan was not approved and deviations have also been carried out beyond the permissible limits as specified under rules to the extent of 10 per cent over any or all the setback on ground floor and all the subsequent floors, such structure shall be regularised on payment of six-time fee.