Section 3 in Simplification of the Procedure for Development of Colonies in the State of Punjab up to an Area of 10 Acres
3. Procedure Before the Senior Town Planner/District Town Planner :- After the receipt of the application, the Senior Town Planner/District Town Planner concerned shall conduct a summary fact-finding inquiry, as regards the title of the land and also as to whether the proposed lay-out plan fits into the general, proposed Urban Development of the area and, in doing so, he shall broadly be guided by the provisions of the Punjab Apartment and Property Regulation Act, 1995 (PAPRA) and the rules framed thereunder, including any Master Plan, including the non-statutory Master Plans, prepared or under preparation by the Department. A spot visit by the Senior Town Planner/Divisional Town Planner shall be mandatory. However, where any change of land use is involved, the case shall not be finalized at the level of the STP and DTP and a specific recommendation shall be made to the State Government, through the Chief Town Planner, regarding the change of land use required. Further action shall be taken up only after the State Government formally approves the change of land use.
After the aforesaid summary inquiry, has been completed, the Senior Town Planner/Divisional Town Planner concerned shall issue to the applicant- promoter a Letter of Intent (LOI) formally intimating his intent to approve the proposed colony and, in doing so, he shall also convey the assessment and schedule of payment of the External Development Charges assessed.Apart from any other reasonable conditions that may be imposed, the following conditions shall be incorporated :-(a)The applicant shall be responsible for all statutory clearances, including environmental clearances, if any, required from the Central Government or any of the agencies of the Central Government or from any other Department of the State Government or any of its agencies and this approval in itself shall not be construed as any approval beyond the provisions of the Punjab Apartment and Property Regulation Act, 1995 (PAPRA) and the rules;(b)The applicant shall remain exclusively responsible for complying with the provisions of any other law for time being in force and in case of any breach or violation thereof, he (the applicant) shall exclusively be liable to face the penal action;(c)The construction on individual plots shall be commenced only after the approval of the building plan by the Municipal Authorities concerned, in case the colony is situated within the municipal limits. In other cases, the Punjab Urban Planning and Development Authority (PUDA) Building Rules, 1996/bye-laws shall be applicable, the construction shall be carried out only after getting the building plan approved by the Competent Authority, notified under the Punjab Regional and Town Planning and Development Act, 1995;(d)The communication shall, apart from intimating the assessment and schedule of the payment of the External Development Charges (EDC) instalments, shall also call upon the applicant to submit a Crossed, "account payee only" Demand Draft in favour of the "Competent Authority-cum-Chief Administrator, PUDA", payable at Chandigarh or SAS Nagar (Mohali), along with a concent letter that the applicant-promoter undertakes to abide by all the terms and conditions of this Notification as well as the Letter of Intent;(e)The Letter of Intent (LOI) shall also call upon the applicant to deposit entire amount in respect of the "Punjab Urban Development Fund", payable under Section 32 of the Punjab Apartment and Property Regulation Act, 1995 (at the rate of rupee one per square metre), in shape of a demand draft in favour of "Chief Administrator, PUDA", payable at Chandigarh/SAS Nagar (Mohali).(f)The Letter of Intent (LOI) shall also enjoin upon the applicant to pledge/hypothecate in favour of the State Government immovable property equivalent to Rs. 2.00 lakh per gross acre, in lieu of the Bank Guarantee that is normally required to be furnished under the Punjab Apartment and Property Regulation Act, 1995 and rules framed thereunder, by a regular promoter, as a security for execution of the Internal Development Works approved. The value of the said property shall be reckoned at the rates fixed by the District Collector for the purposes of registration of sale deeds or documents. The property may be situated within or outside the proposed colony. The property shall remain pledged till a Completion Certificate is finally issued by the STP/DTP, in accordance with the procedure laid down in PAPRA Act/rules.The applicant may instead of hypothecating property as aforesaid, choose to furnish a Bank Guarantee of equivalent amount in favour of "Chief Administrator, PUDA-cum-Competent Authority, PAPRA" as stipulated in the Apartment and Property Regulation Act, 1995.(g)The lay-out plan, shall including the Services plan, also be returned to the applicant, duly signed and approved by the Senior Town Planner/Division Town Planner, as the case may be.
