The Haryana Development and Regulation of Urban Areas Rules, 1976
Published vide Haryana Government Notification No. GSR 107/HA-8/75/S.24/76 The 7th March, 1976
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No. GSR 107/HA-8/75/S.24/76 :- In exercise of the powers conferred by section 24 of the Haryana Development and Regulation of Urban Areas Act, 1975 and all other powers enabling him in this behalf and with reference to Haryana Government, Town and Country planning Department notification No. GSR-17/HA. 8/75/S-24/76 dated the 6th February, 1976 the Governor of Haryana hereby makes the following rules, namely :-
Part I
- Short title.- These rules may be called the Haryana Development and Regulation of Urban Areas Rules, 1976.
- Definitions.- In these rules unless the context otherwise requires :-
(a) "Act" means the Haryana Development and Regulation of Urban Areas Act, 1975 ;
(b) "amenity" includes roads, water supply, street lighting, drainage sewerage, public parks, schools [play grounds], hospitals, community centres and other community buildings, horticulture, land escaping and any other public utility service;
(c) "Compact block" means any block of vacant land in an urban area whether owned by one or more persons and whether or not divided by a private road, street, lane footway, passage or drain natural or artificial;
(d) "Form" means a form appended to these rules ;
(e) "layout plan" means a plan of the colony depicting the division or proposed division of land into plots, roads, open spaces, etc, and other details as may be necessary ;
(f) "section" means a section of the Act.
Part II
- Application for licence [Sections 3 and 24].- (1) Any owner of land desirous of setting up a colony shall make an application in writing to the Director in form LC-1 and shall furnish therewith ;-
[(a) a demand draft for licence fee at the rates (given in the Schedule to these rules) for the plotted colony, group housing colony and commercial/office complexes in residential sectors and for industrial colony;]
(b) income tax clearance certificate ;
(c) particulars of experience as coloniser showing number and details of colonies already established or being established ;
(d) particulars about financial position [so as to determine the capacity to develop the colony for which he is applying]; and
(e) the following plans and documents in triplicate ;-
(i) copy or copies of all title deeds and other documents showing the interest of the applicant in the land under the colony, along with a list of such deeds and documents ;
(ii) a copy of the Sharja Plan showing the location of the colony alongwith the names of revenue estate, Khasra number and area of each field ;
(iii) a guide map on a scale of note less than 10 centimetre to 1 Kilometre showing the location of the colony in relation to surrounding geographical features to enable the identification of the land ;
(iv) a survey plan of the land under the proposed colony on a scale of 1 centimetre to 10 metres showing the spot levels at a distance of 30 metres and where necessary contour plans. The survey will also show the boundaries, and dimensions of the said land, the location of streets, buildings, and premises within a distance of at least 30 metres of the said land and existing means of access to it from existing roads ;
(v) layout plan of the colony on a scale of 1 centimetre to 10 metres showing the existing and proposed means to access to the colony the width of streets, sizes and types of plots, sites reserved for open spaces, community building and schools with area under each and proposed building lines on the front and sides of plots;
(vi) an explanatory note explaining the salient feature of the colony, in particular the sources of wholesome water supply arrangement and site for disposal and treatment of storm and sullage water ;
(vii) plans showing the cross-sections of the proposed roads indicating in particulars the width of the proposed drainage ways cycle tracks and footpaths, green verges, position of electric plots and of any other works connected with such roads ;
(viii) plans as required under sub-clause (vii) indicating in addition to the position of sewers, storm water channels, water supply and any other public health services ;
(ix) detailed specifications and designs of road works shown under sub-clause (vii) and estimated cost thereof ;
(x) detailed specifications and design of sewerage, storm, water and water supply schemes with estimated costs of each ;
(xi) detailed specification and designs for disposal and treatment of storm and sullage water and estimated costs of works ;
(xii) detailed specification and designs for electric supply including street lighting.
(2) The triplicate plans mentioned in clause (e) of sub-rules (1) shall be clear legible azo prints with one set mounted on cloth.
(3) If the applicant wants to be exempted from providing any one or more of the amenities in a colony, he shall furnish detailed explanatory more in the triplicate along with application if necessary, indicating the reasons as to why the said amenities or amenities need not or cannot be provided.
- Percentage of area under roads, open spaces etc. in layout plans [Sections 3(3) 4 and 24].- (1) In the layout plan of a colony other than an industrial colony, the land reserved for roads, open spaces, schools, public and community buildings and other common uses shall not be less than forty five percent of the gross area of the land under the colony :
Provided that the Director may reduce [after recording reasons therefor] this percentage to a figure not below thirty-five where in his opinion the planning requirements and the size of the colony so justify.
(2) In the layout plan of an industrial colony, the land reserved for the purpose specified in sub-rule (1) shall not be less than thirty-five percent of the gross area of the land under the colony :
[xxx]
- Development works to be provided in colony [Section 3(3)].- The designs and specifications of the development works to be provided in a colony shall include:-
(a) metalling of roads and paving of footpaths ;
(b) turfing and plantation of trees in open spaces ;
(c) street lighting ;
(d) adequate and wholesome water supply ;
(e) sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal ; and
(f) any other works that the Director may think necessary in the interest of proper development of the colony.
- Preparation of layout-plans on payment of fees [Section 24].- An owner of land intending to make an application under rule 3 may request that any or all the plans and documents referred to in sub-clauses (v) to (xi) of clause (e) of sub-rule (1) of rule 3 may be got prepared for him by the Director [on payment at rate of [five rupees per square metre.]]
- Return of application [Section 3(1)].- No application under rule 3 shall be considered to be valid unless it is made in the prescribed form and is accompanied by the requisite documents and plans required to be furnished along with the application. In case of failure of such compliance, the application together-with other documents, if any, received therewith will be returned to the applicant intimating him the grounds for returning the application, for re-submission after compliance with the rules;
- Enquiry by Director [Section 3(2)].- (1) On receipt of application in the prescribed form and complete in all respects, the Director shall enquire into the following matters and such other matters as he may consider necessary :-
(a) title of land;
(b) extent and situation of the land;
(c) capacity to develop the colony;
(d) layout plan of the colony;
(e) plan regarding the development works to be executed in the colony; and
(f) conformity with the development scheme of the land in question and the neighbouring areas.
[(2) Before making enquiries under sub-rule (1), the Director shall, by an order in writing, require the applicant [except industrial colonies of Haryana Urban Development Authority and Haryana State Industrial Development Corporation] to furnish, within a period of thirty days from the date of service, of such order, a scrutiny fee at the rate of [ten rupees per square metre], calculated for the gross area of the land under the plotted colony, and [ten rupees per square meter] calculated on the covered area of all the floors in a group housing colony, in the form or a demand draft in favour of the Director, Town and Country Planning, Haryana and drawn on any scheduled bank.]
(3) If the applicant fails to furnish the requisite fee as provided in sub-rule (2) above, the Director shall reject the application.
- Rejection of application [Section 3].- The Director may after making inquiry as mentioned in sub-rule (1) of rule 8 and after giving reasonable opportunity of being heard to the applicant by an order in writing reject the application to grant licence in [form LC II], if :-
(a) it does not conform to the inquirements of rule 3, 4 and 5 and 8;
(b) the plants and designs of the development works submitted with the application are not technically sound and workable; or
(c) the estimated expenditure on water-supply mains or extramural and outfall sewers is not commensurate with the size of the colony.
- Applicant to be called upon to fulfil certain conditions for grant of licence [Section 3].- (1) If after scrutiny of the plans and other necessary inquiries which the Director may deem fit, he is satisfied that the application is not for the grant of licence, he shall before granting licence, call upon the applicant to fulfil conditions laid down in rule 11 within a period of thirty days from the date of the service of notice in form LC-III ;
Provided that on an application within the aforesaid period, for the extension of time limit, the Director, if satisfied of the reasons given therein extend such time up to thirty days;
(2) If the applicant fails to fulfil the conditions under sub-rule (1) within the specified or extended period, the grant of licences shall be refused
- Conditions required to be fulfilled by applicant [Section 3(3)].- (1) The applicant shall :-
(a) furnish to the Director a bank guarantee equal to twenty five percent of the estimated cost of the development work as certified by the Director and enter into an agreement in form LC-IV for carrying out and completion of development works in accordance with the licence finally granted;
(b) undertake to deposit fifty percent of the amount to be realised by him from the plot-holders, from time to time, within ten days of its realisation in a separate account to be maintained in a scheduled bank and this amount shall only be utilised towards meeting the cost of internal development works in the colony;
(c) undertake to pay proportionate development charges if the main lines of roads, drainage, sewerage, water supply and electricity are to be laid out and constructed by the Government or any other local authority. The proportion in which and time within which such payments is to be made shall be determined by the Director ;
(d) undertake responsibility for the maintenance and upkeep of all roads, open spaces, public parks and public health service for a period of five years from the date of issue of the completion certificate under rule 16 unless earlier relieved of this responsibility and there upon to transfer all such roads, open spaces, public parks and public health service free of cost to the Government or the local authority, as the case may be ;
(e) undertake to construct at his own cost or get constructed by any other institution or individual at its cost, schools, hospitals, community centres and other community buildings on the land set apart for this purpose, or undertaken to transfer to the Government at any time if so desired by the Government free of cost, the land set apart for school, hospitals, community centres and community buildings, in which case the Government shall be liberty to transfer such land to any person or institution including a local authority on such terms and conditions as it may deem fit ; and
(f) undertakes to permit the Director or any other officer authorised by him to inspect the execution of the layout and the development works in the colony and to carry out all directions issued by him for ensuring due compliance of the execution of the layout and development works in accordance with the licence granted.
(2) If the Director, having regard to the amenities which exist or are proposed to be provided in the locality, decides that it is not necessary or possible to provide such amenity or amenities, the applicant will be informed thereof and clauses (c), (d) and (e) of sub-rule (1) shall be deemed to have been modified to that extent.
- Grant of Licence [Section 3(3)].- (1) After the applicant has fulfilled all the conditions laid down in rule 11 to the satisfaction of the Director, the Director shall grant the licence in form LC-V
(2) The licence granted under sub-rule (1) shall be valid for a period of two years from the date of its grant during which period all development works in the colony shall be completed and certificate of completion obtained from the Director as provided in rule 16.
- Application for renewal of licence [Section 3(4)].- In case a coloniser fails to complete the developments works within the period specified in sub-rule (2) or rule 12 for the reasons beyond his control, he may apply to the Director for the renewal of licence in form L.C. VI at least thirty days before the expiring of the licence and the said application shall be accompanied by :-
(i) A demand draft drawn on a scheduled bank in favour of the Director against the licence renewal fee, for a sum calculated at the rates prescribed as follows :-
| (a) Licence where completion certificate for part of the licenced area has not been issued under rule 16 : | at the rate of 10% of the fee prescribed in rule 3 for the issuance of licence; |
| (b) Licence where completion certificate for part of the licenced area has been issued under rule 16 : | [not less than 25% of the amount calculated as per rates prescribed in clause 13(1)(a), based on the percentage of work still to be completed. The above percentage may be rounded off to multiples of 5;] |
(ii) income tax clearance certificate ;
(iii) an explanatory note indicating the details of development works which have been completed or are in progress or are yet to be undertaken ;
(iv) reasons for non-completion of development works as required in terms of the licence granted to him ; and
(v) the licence.
- Renewal of licence [Section 3(4)].- (1) On receipt of an application under rule 13, the Director shall if satisfied after making such enquiries as he may consider necessary, that the delay in execution of development working was for reasons beyond the control of the coloniser, renew the licence for a period of one year.
(2) In case the Director is not so satisfied, he shall reject the application and in that case an intimation in this regard will be sent to the coloniser in form LC-VII :
Provided that before rejecting the application, the Director shall give the coloniser an opportunity of being heard.
- Execution of works [Section 24].- The coloniser shall [start]the laying out of the colony and development works within a period of three months of the grant of licence under rule 12 and shall complete the same before the expiry of the period of Licence.
- Completion certificate / part completion certificate [Section 24].- (1) After the colony has been laid out according to approved layout plans and development works have been executed according to the approved design and specifications the coloniser shall make an application to the Director in form LC-VIII.
(2) After such [scrutiny], as may be necessary, the Director may issue a completion certificate/part [completion certificate] in form LC-IX or refuse to issue such certificate stating the reasons for such refusal :
Provided that the coloniser shall be afforded an opportunity of being heard before such refusal.
- Transfer of licence [Section 24].- The coloniser shall not transfer the licence granted to him under the rule 12 to any other person without the prior approval of the Director.
- Cancellation of licence [Section 8(1)].- (1) If the Director determines at any time that the execution of the layout plans and the construction or other works is not proceeding according to the licence granted under rule 12 or is below specification or is in violation of the provisions of these rules or of any law or rules for the time being in force, he shall by notice in form LC-X require the coloniser to remove the various defects within the time specified in the notice.
(2) If the coloniser fails to comply with the requirements detailed in the notice issued under sub-rule (1), the Director shall issue him a further notice in form LC-XI to afford him an opportunity to show cause within a period of one month why the licence granted should not be cancelled.
(3) After hearing the coloniser and considering such representation as he may make the Director may either cancel the licence or grant him further time for complying with the requirements of the notice issued under sub-rule (1). If, however, the coloniser does not comply with the said requirements within such extended period, the Director shall cancel the licence and thereafter, [within one month], shall cause a proclamation made in the locality about the cancellation of the licence by beat of drum [within thirty days of the cancellation of licence.]
(4) On cancellation of the license, no further work shall be undertaken or carried out by the coloniser.
[(5) Deleted.]
[19. Development works to be carried out by the Director in the colony [Section 8]. - (1) After cancellation of the licence or permission the Director shall by notice in form L.C. - XI call upon the coloniser to furnish within a specified time an audited statement of accounts duly certified and signed by the chartered accountant showing the amount actually recovered by him from each plot-holder and the amount he has actually spent on development works in the colony.
(2) The Director shall also ascertain from the plot-holders the amount, paid by them to the coloniser and the balance amount, if any, to be paid by each of them to the coloniser.
(3) The Director shall intimate to the coloniser and the plot-holders the charges he may have to incur on development works in the colony and shall call upon the coloniser and the plot-holders in form LC-XII and LC-XIII to pay these charges within thirty days. In case they fail to pay these charges, the Director, may recover these charges as arrears of land revenue.]
- Release of Bank guarantee [Section 24].- After the layout and development works or part thereof in respect of the colony or part thereof have been completed and a completion certificate in respect thereof issued, the Director may, on an application in this behalf from the coloniser, release bank guarantee or part thereof as the case may be :
Provided that if the completion of the colony is taken in parts only, the part of the bank guarantee corresponding to the part to the colony completed shall be released :
Provided further that the bank guarantee equivalent to 1/15th amount thereof shall be kept unreleased to ensure upkeep and maintenance of the colony or part thereof, as the case may be, for a period of five years from the date of issue of the completion certificate under rule 16 or earlier, in case the coloniser is relieved of the responsibilities in this behalf.
Part III
- Application for obtaining exemption from grant of licence [Section 9(2)].- (1) Any person desirous of obtaining exemption from grant of licence under sub-section (1) of Section 9 of the Act shall make an application to the Director in form EC-1 and EC-II for cases falling under clauses (a) and (b) respectively of sub-section (1) of section 9 along with copies of layout plan and other documents specified therein in triplicate.
(2) In cases falling under clause (b) referred to in sub-rule (1), the applicant shall undertake to provide amenities similar to those existing in the locality if not already provided by him.
- Enquiry by Director [Section 9(1)].- (1) On receipt of an application in the prescribed form along with other documents, and plans under rule 21, the Director shall make an enquiry as he may consider necessary and relevant.
- Grant or refusal of exemption [Section 9(1)].- If after the enquiry the Director is satisfied that the application is fit for grant of exemption he will grant exemption in form EC-III.
(2) If after the enquiry and after providing an opportunity of being heard to the applicant, the director is of the opinion that the application has been made with a view to evade the provisions of the Act, he will refuse to grant exemption in form EC-IV.
- Submission of copies advertisements, etc. by coloniser [Section 24].- On obtaining a license to set up a colony, the coloniser shall furnish to the Director an authenticated copy of the advertisement made by him for the sale of plots in the colony and of the terms of agreement entered into between him and each of the plot-holders.
- Maintenance of register [Sections 4 and 24].- (1) The Director shall maintain the following registers in the forms noted against each in respect of licenses and exemptions granted-or refused by him :
(a) A register in Form R - I showing particulars of all cases in which licenses have been granted or refused.
(b) A register in form R - II showing the particulars of all cases in which exemption have been granted or refused.
(2) The register mentioned in sub-rule (1) shall be available for inspection without any fee by all interested persons and such persons shall be entitled to have copies of the extract therefrom on the payment of two rupees per entry.
- Maintenance and submission of accounts [Sections 5 and 6].- (1) The coloniser shall -
(i) issue regular receipt to the plot holders in respect of the money received by him and maintain counterfoils of the receipt so issued;
(ii) maintain separate ledger account of each plot-holder;
(iii) maintain a register containing authenticated copies of each of the agreements entered into between him and each of the plot holders; and
(iv) maintain accounts books showing details of expenses incurred by him on various development works in the colony.
(2) The coloniser shall within a period of three months after the close of every financial year, submit to the Director through registered post with acknowledgement due a statement of accounts indicating the amount realised from each plot-holders, the expenditure incurred on internal and external development works separately of the colony with details thereof together with the amount due from each plot holder indicating their postal address. This statement should be duly audited, certified and signed by a chartered accountant.
- Intimation of accounts number of Coloniser [Section 5].- The coloniser shall intimate the account number and full particulars of the scheduled bank wherein he deposits fifty per centum of the amount realised by him from the plot holders for meeting the cost of internal development works in the colony.
- Intimation about deposit of amount [Section 5].- The coloniser shall intimate in form AC on the fifth day of each month the amount realised by him from each of plot holders and the amount deposited by him in the scheduled bank during the proceeding month.
- Fee for copy of licence or exemption [Section 24].- A fee of two rupees shall be charged for obtaining a copy of licence or exemption.
- Form and manner of appeal [Section 19].- (1) Every memorandum of appeal shall be written on a standard water marked judicial paper in the form of narration and it shall set forth concisely and under distinct heads the grounds of objections to the order appeal from and also the relief claimed.
(2) The memorandum of appeal shall bear a court fee stamp of ten rupees.
(3) The memorandum of appeal shall be accompanied by an attested copy of the order appealed from.
(4) The memorandum of appeals shall be addressed to the Secretary to Government, Haryana, Town and Country Planning Department, Chandigarh, and shall be signed and verified in the manner in which plaints are signed and verified.
Form LC-I
[See rule 3(1)]
Registered
To
The Director,
Town and Country Planning Department,
Haryana, Chandigarh.
Sir,
I/We beg to apply for grant of licence to set up a residential/Commercial/Industrial colony at ------------------ and District------------
The requisite particulars are as under --
- Name _________________________________________________________
- Father's name ___________________________________________________
- Occupation _____________________________________________________
- Permanent resident address ________________________________________
- Address for the purpose of correspondence ____________________________
- Whether applicant is income tax payer, ________________________________ if so, the amount of income tax paid during the each of the last three years.
- Details of movable/immovable property ________________________________ held by the applicant.
- Whether the applicant had ever been __________________________________ granted permission to set up a colony under any other law, if so, details thereof
- Whether the applicant has ever established _____________________________ a colony or is establishing a colony and if so, details thereof.
- Any other information the applicant likes to furnish
- I/We enclose the following documents in triplicate :-
(i) Copy or copies of all the title deeds and or other documents showing the interest of the applicant in the land under the proposed colony along with a list of such deeds and/or other documents.
(ii) A copy of the shajra plans showing the location of the colony along with name of the revenue estate, Khasra number of each field and the area of each field.
(iii) A guide map on a scale of not less than 10 centimetre to 1 Kilometre showing the location of the colony in relation to surrounding geographic features to enable the identification of the site.
(iv) A survey map of the land under the colony on a scale of 1 centimetre to 10 meters showing the spot levels at distance of 30 metres and where necessary, contour plans. The survey will also be boundaries and dimensions of the said land, the location of streets, buildings and premises within a distance of at least 30 metres of the said land and existing means of access to if from existing roads.
(v) Layout plan of the colony on a scale of 1 centimetre to 10 mtr, showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots, site reserved for open spaces, community buildings schools with area each and proposal building lines on the front and sides of plots.
(vi) An explanatory note explaining the salient features of the proposed colony, in particular the sources of the water supply, arrangements for disposal and treatment of storm water and sullage water.
(vii) Plans showing the cross sections of the proposed roads showing in particular width of the proposed carriage ways cycle tracks and footpaths, green verges, position of electric poles and of any other works connected with such roads.
(viii) Plans referred to in clause (vii) above indicating in addition the position of sewers, storm water channels, water supply and other public health services.
(ix) Detailed specifications and designs of road works shown in clause (vii) above and estimated cost thereof.
(x) Detailed specifications and designs of storm water and water supply schemes with estimated cost of each.
(xi) Detailed specifications and designs for disposal and treatment of storm and sullage water and estimated cost of works.
(xii) Detailed specifications and designs of electric supply including street lighting.
- The names and qualification of the Engineer responsible for the execution of the development works of the colony and given below and the engineer has also signed below in token on his engagement :-
Name of Engineer Qualification of Engineer Signature of Engineer
1.
2.
3.
- I/We enclose the further following documents :-
(i) Demand draft No --------- Dated for Rs. .....
(ii) Income tax clearance certificate issued by the Income Tax Officer.
- It is further submitted that I/we may be exempted from providing the following amenity/amenities in the proposed colony and an explanatory note in triplicate alongwith plans marked A, B, C (so on) as to why the said amenity/amenities are not required to be provided in the colony is enclosed :-
Amenities
- I/We solemnly affirm that the particulars given in para 1 above are correct to the best of my/our knowledge and behalf.
Dated:- Your's faithfully
Place (Name and address)
Attested :
Oath Commissioner/Magistrate, Ist class
Form LC-II
(See Rule 9)
From
The Director,
Town and Country Planning, Haryana,
Chandigarh
To
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
Memo No. Dated the
Reference your application, dated ------------------------ for grant of a licence.
- It is regretted that the grant of licence is refused for the reasons given below :-
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Director, Town and Country Planning, Haryana, Chandigarh
Form LC-III
Registered A.D.
From
The Director,
Town and Country Planning, Haryana, Chandigarh.
To
-----------------------------------
-----------------------------------
-----------------------------------
Memo No. Dated
Reference your application dated ---------------- for the grant of licence to set up a colony at ------------------ Tehsil ------------------ District -----------------
- It is proposed to grant licence to you for setting up a colony at -------------- tehsil ------------------- district ---------------- You are therefore called upon to fulfil the conditions laid down in rule 11 of the Haryana Development and Regulation of Urban Areas Rules 1976 within a period of thirty days from the date of the service of notice.
Director, Town and Country Planning, Haryana, Chandigarh
Form LC-IV
(See rule 11)
Agreement by owner of land intending to set up a colony.
This agreement made on the -------------------------- day of ----------------- One thousand nine hundred and Eight. ---------------- between Shri/M/s -------------s/o Shri ----------------- resident of ------------------(hereinafter called the owner) of the one part and the Governor of Haryana, acting through the Director, Town and Country Planning, Haryana (hereinafter referred to as the Director) of the other part.
Whereas the owner is in possession of or otherwise well entitled to the land mentioned in Annexure hereto for the purpose of covering into residential/commercial/industrial colony ;
And whereas under rule 11, one of the conditions for the grant of licence is that the owner shall enter into an agreement for carrying out and completion of development works in accordance with the licence finally granted for setting up a colony at ----------------- tehsil --------------- and district ------------
Now This Deed Witness (sic) As Follows
- In consideration of the Director agreeing to grant licence to the owner to set up the said colony on the land mentioned in Annexure here to on the fulfilment of all the conditions laid down in rule 11 by the owner the owner hereby convents as follows:-
(a) That the owner shall be responsible for the maintenance keep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of the completing certificate under rule 16 unless earlier relieved of completion certificate under this opportunity responsibility, when the owner shall transfer all such roads open spaces, public parks and public health services free of cost to the Government of the local authority, as the case may be.
(b) That the owner shall at his own cost construct or get constructed by any other institution or individual at its cost schools, hospitals, community centres and other community buildings on the land set apart for this purpose, or if so desired by the Government, shall transfer to it at any time, it may desire, free of cost land thus set apart for schools, hospitals community centres and other community buildings, in which case the Government shall be at liberty to transfer such land to any person or institution including a local authority on such terms and condition as it may lay down.
(c) That the owner shall deposit fifty per cent of the amount realise by him from plot holders, from time to time, in a separate account to be maintained in a scheduled bank and that this amount shall only be utilised by the owner towards meeting cost of internal development works in the colony.
(d) That the owner shall permit the Director or other officer authorised by him in this behalf to inspect the execution of the layout and the development works in the colony and the coloniser shall carry out all directions issued by him or ensuring due compliance of the executions of the layout and development works in accordance with licence granted.
(e) That the owner shall pay proportionate development charges as and when required and as determined by the Director in respect of external development charges.
(f) That without prejudice to anything contained in this agreement all the provisions contained in the Act and these rules shall be on the owner.
- Provided always and it is hereby agreed that if the owner shall commit any breach of the terms and conditions of this agreement or violate any provision of the Act or these rules, then and in any such case, and notwithstanding the waiver of any previous cause or right, the Director, may cancel the licence granted to him.
- Upon cancellation of the licence under clause 2 above, the Government, may acquire the area of the aforesaid colony under the Land Acquisition Act, 1894 and may develop the said area under any other law. The Bank guarantee in that events shall stand forfeited in favour of the Director.
- The stamp and registration charges on this deed shall be borne by the owner.
- The expression the 'owner' hearing before used shall include his hirers, legal representatives, successors and permitted assigns.
- After the layout and development works or part there of in respect of the colony or part there of have been completed and a completion certificate in respect thereof issued, the Director may on an application in this behalf from the owner release the bank guarantee or part there of as the case may be, provided that if the completion of the colony is taken in parts only the part of bank guarantee corresponding to the part of the colony completed shall be released and provided further that the bank guarantee equivalent to 1/5th amount thereof shall be kept unrealised to ensure unkept and maintenance of the colony or the part thereof as the case may be for a period of five years from the date of issue of the completion certificate under rule 16 or earlier in case the owner is relieved of the responsibilities in this behalf by the Government.
In witness where of the coloniser and the Director have signed this deed on the day and year first above written.
| 1. Witnesses :- | The owner |
| 1. ----------------------------- | |
| 2. ----------------------------- | Director for & on behalf of the Governor of Hr. |
| 2 | |
| 1. ------------------------------ | In case the owner is exempted from |
| 2. ------------------------------ Dated : Annexure | providing any one or more amenities sub clauses (a), (b) & (c) may be modified accordingly. |
Form LC-V
(See Rule 12)
Haryana Government Town and Country Planning Department
Licence No. -----------------
This licence has been granted under the Haryana Development and Regulation of Urban Areas Act, 1975 and the rules made thereunder Shri/M/s................resident of...........Tehsil.............and District............................setting up a residential/commercial/Industrial colony at Tehsil.................and District.........................
- The particulars of land wherein the aforesaid colony is to be set up are given in the scheduled annexed hereto and duly signed by the Director, Town and Country Planning, Haryana.
- The licence has been excepted from providing the following amenity/amenities in the aforesaid colony ;-
1.
2.
3.
- The licence granted is subject to the conditions ;-
(a) that the colony is laid out to conform to the proposal approved layout plans and development works are executed according to the designs and specifications shown in the approved plan accompanying this licence;
(b) that the conditions of the agreement already executed are duly fulfilled and the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 and the rules, made thereunder are duly complied with.
- The licence is valid upto..............
Director Town and Country Planning Haryana, Chandigarh
| Sr. No. | Date of renewal | Date up to which renewed. | Signature of the Director |
| 1. | |||
| 2. | |||
| 3. |
Form LC-VI
(See rule 13)
Registered A.D.
To
The Director,
Town and Country Planning, Haryana,
Chandigarh.
Sir,
I/We beg to apply for renewal of licence No .............which expires on...................
................................................................
- As required I/We submit :-
(i) Demand draft No. ............ dated............. for rupees.................. as renewal fee.
(ii) Income Tax clearance certificate issued by the Income Tax Officer............
(iii) Reasons for non-completion of development works.
(iv) an explanatory note indicating the details of developments works which have been completed or are in progress or are yet to be undertaken.
(v) Licence :
| Date | Yours faithfully |
| Place | (Name and address) |
Form LC-VII
[See rule 14(2)]
Registered A.D.
From
The Director,
Town and Country Planning Department,
Haryana, Chandigarh.
To
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Memo No., Dated the
Reference your application, dated the..............for renewal of a licence No...............
It is regretted that the renewal of the licence is refused for the reasons given below:-
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Director, Town and Country Planning, Haryana, Chandigarh.
Form LC-VIII
[See rule 16(1)]
Registered
From
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To
The Director,
Town and Country Planning, Haryana,
Chandigarh.
Sir, Kindly refer to your memorandum No. ................dated granting licence to the setting up of a colony at.........................Tehsil..................and District........................
- I/We have to intimate that the said colony has been laid out and completed part of the colony as shown on the enclosed plan has been completed in all respects as per terms and conditions of the licence granted by you. I/We, therefore, request that a completion certificate in respect of the whole colony/the said part of the colony may kindly be issued as required under rule 16.
- As required I/We enclose the layout plan of the colony in triplicate showing the whole/part thereof over which the said works have been completed.
Yours faithfully,
Dated
Place
Form LC-IX
[See rule 16(2)]
Registered A.D.
From
The Director,
Town and Country Planning,
Haryana, Chandigarh
To
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Memorandum No.
Dated
Reference your application dated, the ............... requesting for completion certificate in respect of your colony/part of colony for which licence was granted, vide this office memorandum No.................... dated...................
- It is hereby certified that the required development works on the whole of the colony/part of the colony as indicated in the enclosed outlay, duly signed by me :-
(1) I/We have been completed to my satisfaction.
Director, Town and Country Planning, Haryana, Chandigarh
Form LC-X
(See rule 18(1))
From
The Director,
Town and Country Planning,
Haryana Chandigarh
To
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Memorandum No.........
Dated the
Whereas it has come to my notice that :
(a) the execution of the layout plan and development works have not been commenced within three months of the grant of licence to you.
(b) layout of the colony has not been done as per approved layout plan and is deficient in following respects :
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(c) development works are not being executed as per terms and conditions of licence in this behalf and are deficient in following respects :-
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- You are hereby required to set the aforesaid deficiencies and deviations in order within a period of...................from the date of this notice and report compliance.
Director, Town and Country Planning, Haryana, Chandigarh.
[Form LC XI]
[See rule 19(1)]
Registered
From
The Director,
Town and Country Planning.
Haryana, Chandigarh.
To
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Memorandum No.
Dated the
Whereas your licence/permission has been cancelled and you are not to carry out the development works in the colony, you are hereby required to furnish within fifteen days an audited statement of accounts duly certified and signed by a chartered accountant showing the amount actually recovered by you from each of the plot-holder and the amount you have actually spent on development works in the colony. In case you fail to comply with this direction action as admissible under the Haryana Development and Regulation of Urban Areas Act, 1975 will be taken.
Director, Town and Country Planning, Haryana, Chandigarh.
[Form LC XII]
(See rule 19(3)]
Registered
From
The Director,
Town and Country Planning,
Haryana, Chandigarh.
To
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Memorandum No.
Dated the
Whereas your licence/permission has been cancelled and the development works in the..................colony are proposed to be carried out by the undersigned and the estimated cost of these works will be Rs.....................you are hereby required under section 9 of the Haryana Development and Regulation of Urban Areas Act, 1975 to pay Rs.........................by a demand draft within thirty day of the service of this notice, failing which the said amount of Rs..................will be recovered from you as arrears of land revenue.
Director, Town and Country Planning, Haryana, Chandigarh.
[Form LC XIII]
[See rule 19(3)]
Registered
From
The Director,
Town and Country Planning, Haryana,
Chandigarh.
To
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Memorandum No.
Dated the
Whereas the licence/permission of the ...................coloniser has been cancelled and the development works in the ....................colony are to be executed by the Director and the estimated cost of there development works would be Rs...................., you are hereby required under section 8 of the Haryana Development and Regulation of Urban Areas Act, 1975, to pay Rs...................by a demand draft within thirty days of the service of this notice failing which the said amount of Rs...................will be recovered from you as arrears of land revenue.
Director, Town and Country Planning, Haryana, Chandigarh.
Form EC-I
(See Rule 21)
Registered A.D.
From
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To
The Director,
Town and Country Planning Department,
Haryana, Chandigarh.
Sir,
I/We beg to apply for grant of exemption from obtaining the licence and submit that;-
(a)(i) I/We owned/own land measuring.................in a compact block in Khasra No.............. and Hadbast No.............. of village Place.................. Tehsi l...................... and District.............and divided it into plots for residential, industrial or commercial purpose in the year.................as per enclosed layout plan drawn on a scale I centimetre to 10 meters. The number allotted to each plot is also shown in the plan :
(ii) the above land is not situated within a controlled area :
(iii) the above layout plan was sanctioned/not sanctioned by the...........vide Letter No...............dated.................or no sanction for the layout plan was required under the.................law.
(iv) in the above land.................residential...................commercial .................. and Industrial plots were carved out and an area measuring..................is reserved for roads, open spaces, parks, public institutions, as shown in the layout plan;
(v) ....................plots as detailed below had been sold or agreed to be sold before the 16th November, 1971.
Residential Industrial Commercial Sold Agree to be sold Total +
(vi) A list in Annexure 'A' and 'B' below in respect of the plots mentioned at (iv) above is enclosed.
Annexure 'A'
| Sr. No. | No. of plots | Category of plot i.e. Whether resi. or commercial | Area of plot | To whom plot sold (full particulars given) | Whether full price of plot has been received if so | Date of sale | If sale deed executed if so, the date there of with a copy of deed | Remarks |
Annexure 'B'
| Sr.No. | No. of plots | Category of plot i.e. whether resi. comme. or Ind. | Area of plot | To whom the plot had been agreed to be sold (full particulars be given) | Date of agreement for sale of plot with a copy of agreement | Price of plot fixed | Amount rec. as earnest money & in the form of instalments if any. | Remarks |
- The copies of plans and others documents referred to above are enclosed in triplicate.
- I/We solemnly affirm that the information in para I above are correct to the best of my/our knowledge and belief.
Yours faithfully,
Date Attested
Place Oath Commissioner/Magistrate Ist Class
Form EC-II
(See rule 21)
Registered A.D.
From
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To
The Director,
Town and Country Planning,
Haryana, Chandigarh.
Sir, I/We beg to apply for grant of exemption from obtaining the licence and submit that :-
(i) I/We owned/own land measuring.............. Sq. metres in Khasra Nos...........and Hadbast No. ................and the said land is situated at.............., f.e.w. within the limits of Municipality of Notified area ................ Faridabad Complex and it has been divided or proposed to be divided into residential, industrial and commercial plots of the size as shown in the enclosed layout plan drawn on a scale of I centimetre to 10 meters.
(ii) The said land is situated in the locality knows as..............at ..................A layout plan of the locality within a distance of 100 metres grounds our land drawn on a scale of I centimetre to 10 metres is enclosed indicating the size of residential, Industrial and commercial plots.
(iii) The amenities exist in the locality are as under ;
(iv) The amenities which exist or are undertaken to be provided by the applicant are as under :-
(a) Existing amenities......................
(b) Amenities undertaken to be provided within a period of.
- The copies of plans and other documents referred to above are enclosed, in triplicate.
- I/We solemnly affirm that the information given in a Para I above are correct to the best of my/our knowledge and belief.
Yours faithfully
Date Attested
Place : Oath Commissioner/Magistrate Ist Class
Form EC-III
[See rule 23(1)]
Registered A.D.
From
The Director,
Town and Country Planning,
Haryana, Chandigarh.
To
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Memo No., Dated the
Reference your application dated the ................ for grant of exemption from obtaining the licence.
- The exempting applied for in respect of the land detailed in the Schedule below is granted subject to the conditions of your providing the amenities mentioned below:-
Schedule
Amenities
Director,
Town and Country Planning,
Haryana, Chandigarh
Form EC-(IV)
[See rule 23(1)]
Registered A.D.
From
The Director,
Town and Country Planning, Haryana, Chandigarh
To
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Memo No., Dated the
Reference your application dated, the ...................
- It is regretted that the exemption from obtaining the licence is refused for the reasons given below :-
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Director, Town and Country Planning, Haryana, Chandigarh
Form R-II
[See Rule 25(1)(a)]
Register showing the particulars of all cases in which licence to set up a colony has been granted or refused :-
| Sr.No. | File No. | Name and full address of the person of society or company applying for licence. | Date of Application. | Particulars of financial position of the applicant. | Place where colony is to be set up. | Area of the Colony. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Date of brief particulars of the final orders pass by the Director granting or refusing licence. | Date of sub-mission of demand draft on account of licence fee/renewal fee with amount there of. | Date on which licence expires. | Date of renewal of licence & the period up to which licence is renewed. | Particulars of the Bank guarantee furnished. | Remarks |
| 8 | 9 | 10 | 11 | 12 | 13 |
Form-II
[See rule 25(1)(b)]
Register showing particulars of all cases in which exemption from obtaining the licence has been granted or refused :
| Sr.No. | File No. | Name & address of the owner of land applying exemption | Date of application | Area of land covered by the colony & brief description of its location | Date & brief particulars of the final orders passed by the Director granting or refusing exemption. | Whether any condition has been imposed for providing amenities | if so, the period by which amenities are to be provided. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Form AC
(See rule 28)
Registered
From
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To
The Director,
Town and Country Planning, Haryana, Chandigarh.
I furnish below the particulars of amount realise from the plot holders in the month of ................and the amount deposited in account No.............in...................Basic.......................
| Sr.No. | Name with percentage of the plot holder alongwith address. | Particulars of plot. | Amount realised. | Date of realisation of amount from plot holder. | Amount deposited in bank for internal dev. works in the colony. | Date of deposit of amount in bank. | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Yours faithfully,
( )
Date;
Place;
Schedule
(See rule 3)
Rates of Licence Fee per Gross Acre
(For colonies other than Industrial)
| Name of the Town/Urban Area | Plotted Colony | Group Housing Colony | Commercial/Office Complex in residential Sector |
| Rs. | Rs. | Rs. | |
| Gurgaon, Faridabad and Panchkula | 1 lac | 1.25 lac | 25 lac |
| Sonepat, Panipat, Manesar and Bahadurgarh | 1 lac | 1.25 lac | 15 lac |
| Rest of the State | 0.25 lac | 0.30 lac | 5 lac |
| For Industrial Colonies | |||
| Name of the Town/Urban Area | Rate | ||
| Rs. | |||
| Gurgaon Town, Gurgaon Block of Gurgaon District (Except Manesar), Faridabad, Ballabhagarh and Ballabhgarh Block of Faridabad District | 0.50 lac | ||
| Bahadurgarh, Kundli, Panipat Town and IMT Manesar | 0.20 lac | ||
| Remaining towns of the State | 0.50 lac | ||