There are two types of Controlled Areas as per their situation.
1. Controlled Area situated outside the municipal limits.
2. Controlled Area situated within the municipal limits.
CONTROLLED AREA OUTSIDE THE MUNCIPAL LIMIT
This is the controlled area which is declared under the provisions of section 4
of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated
Dev. Act 41 of 1963. This can be declared as the whole or any part of any area
adjacent to and within a distance of:
a) 8 Kms. on the outer side of the boundary of any town or
b) 2 Kms. on the outer side of the boundary of any industrial estate, public
institution or any ancient and historical monument.
CONTROLLED AREA WITHIN THE MUNICIPAL LIMIT
1. Any area within the limits of a
i. Municipality declared to be a Controlled Area by Govt. Gazette u/s 203 (C) of
the Haryana Municipal Act.
ii. In case any area has already been declared as Controlled Area by the
Director, Town and Country Planning then the same shall be demand to be the
Controlled Area for the purpose of municipal Act.
There are four towns around which the Controlled Areas have been declared by the Department of Town and Country Planning, Haryana, in Distt. Karnal:-
1. Karnal
2. Gharaunda
3. Nilokheri
4. Taraori
A part of Controlled Area at Karnal and Gharaunda lies within the municipal
limit of these towns.
There is no controlled area declared by the Director, Urban Development Deptt.
under the provisions of Municipal Act in any town. The Dev. Plan for Karnal was
published on 17.1.78 and the Revised Dev. Plan has been published on 13.8.2002.
The Dev. Plan for Gharaunda and Nilokheri, Tarori are being prepared.
PROHIBITION ON USE BIG LETTERS OF LAND AND BUILDING IN CONTROLLED
AREAS FALLING OUTSIDE MUNICIPAL LIMIT.
Section 7(1) of PB Scheduled roads and controlled Area Restriction of
unregulated Development Act-1963
Prohibition on use of land in Controlled Area-(1) No land within the controlled
area shall, except with the permission of the Director and on payment of
such conversion charges as may be prescribed by the Government from time to time
be used for purpose other then those for which it was used on the date of
publication of the notification under sub section(1) of Section 4, and no
land within such controlled area shall be used for the purpose of a
charcoal-Kiln, Pottery Kiln, Lime-Kiln, Brick-Kiln or bricks field or for
quarrying stone, bajri, surkhi, kankar or for other similar extractive or
ancillary operation except under and in accordance with the conditions of
a license from the Director on payment of such fees and under such conditions as
may be prescribed.
SECTION 6: Exection or re-erection of buildings etc. in controlled areas: except as provided hereinafter, no person shall erect or re-erect any building or make or extend any execration or any layout any means or access to a road in a controlled area save in accordance with the plans and the restrictions and conditions referred to in section 5 and with the previous permission of the Director.
Provided that no such permission shall be necessary for erection or re-erection of any building if such building is used or is to be used for agricultural purpose or purposes subservient to agriculture.
PROCEDURE FOR PERMISSION OF CHANGE OF LAND USE AND SANCTION OF BUILDING PLANS
IN CONTROLLED AREAS.
Any person in seeking change of land use of his land situated in Controlled Area
required permission of the Director, Town and Country Planning, Haryana,
Chandigarh.
Application for change of land use is to be made on Form CLU-I in the office of District Town Planner concerned along with the following documents:-
i) Survey plan of the land on a
scale 1"-40" showing the existing means of access to the land and
building and the use of land falling in 100 yards of the periphery of said
land(in triplicate)
ii) Copy of sale deed showing
title of the land and the copy of jamabandi and intqual etc.
iii) Dimensioned sazra of the land
iv) Land utilization plan and project report, justifying the requirement of land
for the project, article of memorandum and authorization to deal with
department(if any).
v) No objection certificate from the Haryana State Pollution Control Board, of
the site falls within the agricultural zone.
vi) Registration of unit with Industries Deptt.
vii) Any other document, which may be, required by the department specifically
in the particular case.
viii) A demand draft in favour of Director, Town and Country Planning, Haryana,
Chandigarh drawn on any scheduled back on account of scrutiny fee at the rates
of Rs. 10/- per square meter of the area of site.
In case the requested site fulfills the parameters of the zoning regulation
of the development plan of controlled area, permission is granted and the
applicant shall have to start the construction after getting the building plans
sanctioned within a period of six months from the date of permission for change
of land use and complete the construction within two years from the date of
permission. The procedure for getting sanction of building plans is given as
below.
Application on form BR-I accompanied by the following documents/plans is to be
submitted in the office of District Town Planner concerned.
a. Form BR-II
b. Copy of permission letter
c. Demand draft for scrutiny fee @ Rs. 10/- per sq. meter of covered area.
d. Building plans showing public health services in triplicate of which two sets
to be mounted on cloth.
Decision on the request for permission for change of land use and sanction of
building plans to be conveyed within 3 months from the date of submission of
request.
Copy of Form CLU-I, BR-I and BR-II are attached as Annexure
The comments are sent by the District Town Planner to the Senior Town Planner,
Haryana and by him to the Director, Town and Country Planning, Haryana,
Chandigarh. The permission is granted by the D.T.C.P. as per the provisions of
section 8(4) of the Punjab Scheduled Roads and Controlled Areas Restriction of
Unregulated Dev. Act, 1963. The decision is to be taken within three months
after an application under sub section (1) of Section 8 has been made.
Section 8(4):
If, at the expiration of period of three months after an application under sub
section (1) has been made to the Director, no order in writing has been passed
by the Director, the permissions, shall, without prejudice to the restrictions
and conditions signified in the plans published in the Official Gazette under
sub section (7) of section 5, be demand to have been given without the
imposition of any condition.
For taking action against the unauthorized construction in this Controlled Area. The powers exercisable under section 9 and 12 were delegated to the District Town Planners by the then Director, Town and Country Planning Haryana but vide Haryana Govt. Notification No. DTCP-STP (E)-02/92 dated 5 March, 2002. The Sub Divisional Magistrate has been appointed as Director, Town and Country Planning, Haryana for the purpose of section 9 and 12 of the act. Though the detection is being made by the staff of District Town Planner. The copy of the notification is attached as Annexure.
COMPOSITION OF OFFENCE:
Section 14(i) The Director or any person authorized by the Director by general
or special order in this behalf may either before or after the institution of
the proceedings compound any offence made punishable by or under this Act.
(2) Where an offence has been compounded the offender, if in custody shall be
discharged and no further proceedings shall be taken against him in respect of
the offence compounded.
Prohibition of use of land and building in Controlled area Section 203-D(1) of the Municipal Act- No land and building within the Controlled Areas shall, except with the permission of the Director be used for purposes, other than those for which it was used on the date of publication of the notification under subsection (1) of Section 203 C and no land within such Controlled area shall be used for the purposes of a charcoal kiln, pottery kiln, lima Kiln, Brick Kiln or brick-field or for quarrying stone, bajri, Kankar or manufacturing of surkhi or for crushing stone or for other similar extraction or ancillary operations except under and in accordance with the conditions of a licence to be obtained from the Director on payment of such fees and under such conditions as may be prescribed.
(2) The licence so granted shall be valid for one year and may be renewed annually on payment of such fees as may be prescribed.
203E Application of permission or licence and the grant or refusal thereof (1) Every person desiring to obtain the permission or licence referred to be in Section 203D shall make an application in writing to the Director in such form and containing such information in respect of the land, building, excavation or means of access to a road to which the application relates, as may be prescribed.
(2) On receipt of such application the Director, after making such enquiry as he may consider necessary , shall by order in writing either-
(a) grant the permission or licence subject to such conditions if any, as may be specified, in the order, or
(b) Refuse to grant such permission or licence, provided that the order of refusal shall not be passed unless the applicant has been afforded an opportunity of being heard.
(3) If, at the expiration of a period of three months after an application
under sub-section (I) has been made to the Director, no order in writing has
been passed by the Director, the permission shall be deemed to have been granted
without the imposition of any conditions but subject to the restrictions and
conditions signified in the plans published in the Official Gazette under
section 203C.
(4) The Director shall maintain such registers as may be prescribed with
sufficient particulars of all such cases in which permission or licence is given
or deemed to have been given or refused by him under this section, and the said
register shall be available for inspection without charge by all persons
interested and such persons shall be entitled to takes extract there from.
203F Appeal - Any person aggrieved or affected by an order of the Director under sub section(2) of Section 203E may within sixty days from the date of such order, prefer an appeal to the State Government and to the order of the State Government on such appeal shall be final.
203G Powers and Functions of the Director - All powers an functions of the Director, Town and Country Planning, being performed under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Act 41 of 1963), the Haryana Development and Regulation of Urban Areas Act, 1975 (Act 8 of 1975) and the rules made there under an applicable to the areas within municipal limits, shall be exercised and performed by the Director and the acts already done under the provisions of the said acts and the rules made there under, shall be construed to be acts done by the Director this Act. The powers of the Commissioner of the Division under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963(Act, 41of 1963) shall exercised by the State Government for the purposes of this Act.
Composition of Unauthorized Construction: "Provided further that the committee may, instead of requiring the alteration or demolition of any such building constructed in contravention of the provisions made under section 203c to 203E of this act, accept by way of composition fee as prescribed but such acceptance shall not be without the prior approval of the Director"
The powers to take against the violations of the Act in the Controlled Area falling in the municipal limit have been delegated to the District Town Planners by the Director, Urban Development vide memo no. 24380-542 dated 22.5.2002 (copy is attached as annexure).
ISSUANCS OF NO OBJECTION CERTIFICATE
For setting up any industry in the area falling in the Controlled Area situated in the Municipal limit or outside Municipal limit. The permission of change of land use (CLU) is required. But for setting up industry in the Urban Area as defined under section 2(o) of the Haryana Development rules and Regulations of Urban Areas Act, 1975. The No Objection Certificate is required to be obtained.
Section 2 (o) is given as below:
"Urban area" means any area of land within the limits of a municipal area or notified area of the Faridabad Complex or situate within five Kilometers of the limits thereof, or any other area where, in the opinion of the Government, there is a potential for building activities and the Government by means of notification declares.
The No Objection Certificate for the sites falling outside the limits of Towns is to be obtained from the Deptt. of Town and Country Planning, Haryana and for the sites falling within the Municipal limit. The No Objection Certificate is to be issued by the Director, Urban Dev. Haryana, Chandigarh.
NO OBJECTION CERTIFICATE FOR SITES OUTSIDE MUNICIPAL LIMIT
As per the decision of Govt., Circular vide Director, Town and Country Planning, Haryana memo No. 14015-39 dated 3-10-96. The concerned District Town Planner may issue a Certificate to the effect that the site applied for falls outside the Controlled Area or Urban Area and does not about the scheduled Road if it is a condition imposed by the Financial Institution or any other Govt. Deptts/Agencies.
In case site falls outside the Controlled area but abouts the Scheduled Road, the applicant may be advised to obtain permission under section 3 of the Act No. 41 of 1963 from the concerned Executive Engineer of the PWD (B&R) Haryana.
As per the Govt. decision conveyed by Director, Town and Country Planning, Haryana vide memo no. 11411-30 dated 22.7.97 Senior Town Planners have been authorized to consider and disposes off the cases of issuing "No Objection Certificate" in respect of the lands situated in Urban Areas. The Govt. has also approved the following technical parameters for scrutiny of these cases:-
i) There is no violation of Act No. 8 of 1975.
ii) The site is free from encumbrances.
iii) The site is approachable from minimum 30" wide revenue/public rasta.
iv) In case the site falls on National Highway, the firm has obtained necessary
permission from the Ministry of surface Transport, Govt. of India for taking
access from National Highway. In case of site about on scheduled roads,
permission is obtained from concerned Executive Engineer, PWD (B&R) Haryana.
v) No departmental scheme is affected.
vi) Registration of unit with the Industries Deptt. And No Objection Certificate
from Haryana State Pollution Cotrol Board.
vii) Site Clearance from environment angle in case of unit is registered under
large and medium scale Industries.
Copies of letters are attached as annexure:
The following documents are required to be submitted in triplicate:-
1. Ownership of the land, registration deed/copy of Intkal and jamabandi.
2. Site Plan showing the details of surrounding and width of approach.
3. Sajra Plan showing the site and approach.
4. No Objection Certificate from Haryana State Pollution Board.
5. Project Report showing the detail of manufacturing disposal of waste.
For the planned development of the Towns and its surroundings in the district Karnal the controlled Areas have been declared around the towns of Karnal, Gharaunda, Nilokheri and Taraori.
NILOKHERI AND TARAORI
The Joint Draft Development Plan for the towns of Nilokheri and Taraori has been prepared and will be
notified in the near future for the period up to 2021 A.D.
DECLARATION OF CONTROLLED AREAS
PROCEDURE FOR PERMISSION OF CHANGE OF LAND USE AND SANCTION OF BUILDING PLANS
IN CONTROLLED AREAS.
FORM CLU-I
FORM BR-I
FORM BR-II