Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 35] [Entire Act]

State of Haryana - Section

Section 5 in The Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963

5. Publication of plans etc. in controlled area.

(1)The Director shall, not later than three months from the declaration under sub-section (1) of Section 4 or within such further period as the Government may allow, prepare plans in the prescribed manner showing the controlled area and signifying therein the nature of restrictions and conditions proposed to be made applicable to the controlled area and submit the plans to the Government.
(2)Without prejudice to the generality of the powers specified in sub-section (1), the plans may provide for any one or more of the following matters, namely:-
(a)the division of any site into plots for the erection or re- erection of any building and the manner in which such plots may be transferred to intending purchasers or lessees;
(b)the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
(c)the development of any site into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;
(d)the erection or re-erection of buildings on any site and the restrictions and conditions in regard to the open space to be maintained in or around buildings and the height and character of buildings;
(e)the alignment of buildings on any site;
(f)the architectural features of the elevation or frontage of buildings to be built on any site;
(g)the amenities to be provided in relation to any site or buildings on such site whether before or after the erection or re-erection of buildings and the person or authority by whom such amenities are to be provided;
(h)the prohibition or restrictions regarding erection or re-erection of shops, workshops, ware houses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in any locality;
(i)the maintenance of walls, fences, hedges, or any other structural or architectural construction and the height at which they shall be maintained;
(j)the restriction regarding the use of any site for purposes other than the erection or re-erection of building.
(k)any other matter which is necessary for the proper planning of any controlled area and for preventing building being erected or re-erected haphazardly in such area.
(3)The Government may either approve the plans without modifications or with such modifications as it may consider necessary or reject the plans with directions to the Director to prepare fresh plans according to such directions.
(4)The Government shall cause to be published by notification the plans approved by it under sub-section (3) for the purpose of inviting objections thereon.
(5)Any person may, within thirty days from the date of publication of the notification under sub-section (4), send to the Director his objection and suggestion in writing, if any, in respect of such plans and the Director shall consider the same and forward them with his recommendations to the government within a period of sixty days from the aforesaid date.
(6)The Director shall also give reasonable opportunities to every local authority, within whose local limits any land included in the controlled areas is situated, to make any representation with respects to the plans.
(7)After considering the objections, suggestions and representations, if any, and the recommendations of the Director thereon, the Government shall decide as to the final plans showing the controlled area and signifying therein the nature of restrictions and conditions applicable to the controlled area and publish the same in the Official Gazette and in such other manner as may be prescribed.
(8)Provision may be made by rules made in this behalf with respect to the form and content of the plans and with respect to the procedure to be followed, and any other matter in connection with the preparation, submission and approval of the plans.
(9)Subject to the foregoing provisions of this section, the Government may direct the Director to furnish such information as the Government may require for the purpose of approving the plans submitted to it under this section.