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State of Haryana - Section

Section 203 in The Haryana Municipal Act, 1973

203. Building scheme.

(1)The committee may, and if so required by the Deputy Commissioner shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for unbuilt areas, which may among other things provide for the following matters, namely :-
(a)the restriction of the erection or re-erection of buildings or any class of buildings in the whole of or any part of municipality, and of the use to which they may be put.
[Provided that where an individual or a company applies for preparation/approval of town planning scheme over its own land, then the un-built area shall not be declared. The committee shall pass a resolution for approval of town planning scheme within sixty days form the date such proposal is put up for its consideration for the first time, otherwise the Deputy Commissioner shall forward the proposal of the town planning scheme directly to the State Government.] [Inserted by Haryana Act No. 32 of 2017, dated 23.11.2017.]
(b)the prescription of a building line on either side or both side of any street existing or proposed;
(c)[ the amount of land in such unbuilt area which shall be transferred to the committee for public purposes including use as public streets by owners of land either on payment of compensation or [Substituted vide Haryana Act No. 18 of 1998.]
Provided that the total amount so transferred shall not exceed fifty per centum;Provided further that where owners of land offer land willingly without payment of compensation to draw up a town planning scheme they shall not be entitled to any compensation;]
(d)the determination of the size and shape of a reconstituted plot so as to render it suitable for building purposes and where the plot is already built upon, to ensure that the building, so far as possible, complies with the provisions of the scheme in respect of open spaces;
(e)the formation of a reconstituted plot by the alteration of the boundaries of an original plot;
(f)the formation of a reconstituted plot by the transfer wholly or partly of the adjoining lands,
(g)the allotment of a plot to any owner dispossessed of land in furtherance of the scheme;
(h)the transfer of ownership of a plot from one person to another; and
(i)the details of the internal services, estimated cost for providing them, the extent of the liability of the owners of the buildings and land for the payment of the cost and the manner of payment of the same.
Explanation. - For the purposes of this section, -
(1)the reconstituted plot shall mean a plot which is altered in ownership or otherwise as a result of making of a town planning scheme;
(2)internal services shall means -
(i)metalling of roads and paving of footpaths;
(ii)turfing and plantation with trees of open spaces;
(iii)street lighting;
(iv)adequate and wholesome water supply;
(v)sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal; and
(vi)any other works that the committee may think necessary for the development of the area comprised in the scheme.
(2)When a scheme has been drawn up under the provisions of sub-section (1), the committee shall give public notice of such schemes and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the committee in writing any objection or suggestion with regard to such scheme which he may wish to make.
(3)The committee shall consider every objection or suggestion with regard to the scheme which may be received by the date intimated under the provisions of sub-section (2) and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up or as modified to the Deputy Commissioner who may if he thinks fit return it to the committee for reconsideration and resubmission by a specified date; and the Deputy Commissioner shall submit the plans as forwarded, or as re-submitted, as the case may be, with his opinion to the State Government, who may sanction such scheme or may refuse to sanction it, or may return it to the committee for reconsideration and re-submission by a specified date.
(4)If a committee fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to re-submit a scheme by a specified date, when required to do so under sub-section (3) or re-submits a scheme which is not approved by the State Government, the Deputy Commissioner may draw up a scheme of which public notice shall be given by notification and by publication within the municipality together with an intimation of the date by which any person may submit in writing to the Deputy Commissioner any objection or suggestion which he may wish to make, and the Deputy Commissioner shall forward with his opinion any such objection or suggestion to the State Government and the State Government may sanction such scheme as originally notified or modified in consequence of any such objection or suggestion, as the State Government may think fit, and the cost on such scheme or such portion of the cost as the State Government may deem fit shall be defrayed from the municipal fund.
(5)When sanctioning a scheme the State Government may impose conditions for the submission of periodical reports on the progress of the scheme to the Deputy Commissioner or to the State Government, and for the inspection and supervision of the scheme by the State Government.
(6)After the scheme has been sanctioned, the committee shall proceed to provide internal services as soon as possible and complete it within a period of five years from the date of its sanction.[203A. Regularisation of certain Buildings. - (1) Notwithstanding anything contained in Section 203, the State Government may in the public interest, regularise the buildings in any area whether constructed with or without sanction of the Municipal Committee and for which no building scheme or town planning scheme has been sanctioned.] [See Haryana Act No. 8 of 1985.]
(2)[ The Committee shall in respect of area covered under sub-section (1) prepared regularisation scheme as may be prescribed in the rules.
(3)Every house owner/plot under shall be liable to pay the regularisation fee on demand to the municipality within thirty days of demand notice.] [Substituted vide Haryana Act No. 14 of 2000.][203B. Constitution of District Planning Committee. - (1) The State Government shall, by notification in the Official Gazette, constitute in each district, a District Planning Committee to consolidate the plans prepared by the Panchayats and the municipalities in the district and to prepare a draft development plan for the district as a whole.
(2)The State Government may prescribe by rules the manner in which the seats in the District Planning Committees shall be filled in :Provided that not less than four-fifths of the total number of members of such Committee shall be elected by and from amongst the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between population of the rural areas and of the urban areas in the district.
(3)Every District Planning Committee shall, while preparing the draft development plan -
(a)have regard to -
(i)matters of common interest between the Panchayats and the municipalities including spatial planning sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(ii)the extent and type of available resources whether financial or otherwise;
(b)consult such institutions and organisations as the Government may, by order, specify.
(4)The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.] [Section 203B inserted vide Haryana Act No. 3 of 1994.]