Section 346 in Haryana Municipal Corporation Act, 1994
346. Declaration of controlled area.
- [[(1) Notwithstanding anything to the contrary contained in the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) and the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953), the Director may, with the prior approval of the Government, by notification in the Official Gazette, declare any area within the Municipal area to be controlled area. In case any area within the Municipal area has already been declared as controlled area under the above said Acts, then it shall deemed to be controlled area for the purpose of this Act, and if any plan has already been notified for such controlled area under the aforesaid Acts then it shall deemed to be the plan for the purposes of this Act:Provided that the limits of local area exempted under section 15 of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953) from the purview of the said Act, which were earlier notified as controlled area and development plan was prepared, shall deemed to be controlled area and plan for the purposes of this Act.] [Sub section (1) substituted by Haryana Act No 20 of 2004.]](2)The [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] shall not later than six months from the date of declaration under sub-section (1), or within such further period as the Government may allow, prepare plans 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.(3)Without prejudice to the generality of the powers specified in sub-section (2) above, 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, market and other public purposes;(c)the development of any site into a 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 spaces 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 on such site and the person or authority by whom such amenities are to be provided;(h)the prohibition or restriction regarding erection or re-erection of shops, workshops, warehouses 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 restrictions regarding the use of any site for purposes other than the erection or re-erection of buildings;(k)any other matter which is necessary for the proper planning of any controlled area and for preventing buildings being erected or re-erected haphazardly in such area.(4)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] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] to prepare fresh plans according to such directions.(5)The [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] shall cause to be published by notification the plans approved by Government under sub-section (4) for the purpose of inviting objections thereon.(6)Any person within thirty days from the date of publication of the notification under sub-section (5) send to the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.], his objections and suggestions in writing, if any, in respect of such plans and the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] shall consider the same and forward them with his recommendations to the Government within a period of sixty days from the aforesaid date.(7)After considering the objections, suggestions and representations, if any, and the recommendations of the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] 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] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] to furnish such information as the Government may require for the purpose of approving the plans submitted to it under this section.
