Himachal Pradesh Town and Country Planning (Amendment) Act, 1994*
| [Himachal Pradesh Act No. 16 of 1994]1 | [12th November, 1994] |
An Act further to amend the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-fifth Year of the Republic of India, as follows:-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objector and Reason see Extra., dated 21-9-1994, p. 3114 and 3118.
* Received the assent of the Governor, Himachal Pradesh on the 12th November, 1994 and was published in, Hindi and English in R.H.P. Extra., dated 15th November, 1994, at pages 4001-4003 and 4004-4006
1. Short title.- This Act may be called the Himachal Pradesh Town and Country Planning (Amendment) Act, 1994.
2. Amendment of section 15-A.- In section 15-A of the Himachal Pradesh Town and Country Planing Act, 1977 (12 of 1977) (hereinafter called the principal Act), in sub-section (1) after the words "planning area under section 13", the words "or the special planning area under section 66", and after the words "planning area or part thereof" the words "or the special planning or part here of us the case may be," shall be inserted.
3. Amendment of section 34.- In section 34 of the principal Act, for the words "one year" and "three year", the words "three years" and "five years" shall respcetively be subsumed.
4. Amendment of section 39.- In section 39 of the principal Act, in ??? for the words "five years", the words "ten years" shall be substituted.
5. Addition of sections 39-A and 39-B.- After section 39 of the principal Act, the following section 39 A and 39-B shall be added, namely:-
"39-A. Power to stop development.- (1) Where any development in any area being commenced in contravention of the development plan or sectoral plan or without the permission, approval or sanction referral to in sections 15-A(2), 16 or 31 or in contravention of any condition subject to which such permission, approval or sanction has been granted-
(i) in relation to a planing or a special planning area, the State Government or an Officer of the State Government empowered by it in this behalf.
(ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may in addition to any prosecution that may be instituted, under this Act, make an order requiring the development, to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.
(2) Where such development is not discontinued in ??? of the order under sub-section (1) the State Government or the officer of the State Government or the competent authority, as the case may be, may require any police officer to remove the person, by whom the development has been commenced and all his assistants and workmen from the place of development or to seize any construction material, tools, machinery, scaffolding or other things used in such development within such time, as may be specified in the requisition, and such police officer shall comply with the requisition accordingly.
(3) Arty of the things caused to be seized by the State Government or the officer of the State Government or the competent authority, as the case may be, under sub-section (2) shall, unless the owner thereof turns up to take back such things and pays to the State Government or the officer of the State Government or the competent authority; as the case may be the charges for the remove or storage of such things, be disposed of by it of him by public auction or in such other manner and within such time as the State Government or the officer of the State Government or the competent authority thinks fit.
(4) The charges for the removal and storage of the things sold, under sub-section (3) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid, to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the fund of the State Government or the competent authority, as the case may be.
(5) If any development in an area other than a planning area or the special area, has been commenced in contravention of the development plan or sectoral plan or without the permission, approval or sanction referred to in sections 15-A(2), 16 or 31 or in ??? of any conditions subject to which such permission, approval or sanction has been granted and the competent authority has failed to make an order under sub-section (1) or, as the case may be, a requisition, under sub-section (2), within, the time that they ??? behalf by the State Government ??? State Government may, after observing such procedure as may be prescribed by rules made in this behalf direct any officer to make the order or requisition, as the case may be and that officer shall ??? out such direction and the order or requisition made by him in pursuance of the direction shall be complied with accordingly.
(6) After be requisition under sub-section (2) or sub-section (5) has been complied with, the competent authority or the officer to whom the direction was issued by the State Government ??? sub-section (5), as the case may be, may depute by a written order a police officer or an officer or an employee of the State Government ??? concerned to ensure that the development is not continued.
(7) Any person failing to comply with an order under sub-Section (1), or as the case may be under sub-section ??? punishable with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of order.
(8) No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 39 or the discontinuance of the development under this section.
(9) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for time being in force.
39-B. Power to seal unauthorised development.- (1) It shall be lawful for the State Government or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 39 or section 39-A to make an order directing the sealing of such development in the manner prescribed by rules, for the purposes of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such development.
(2) Where any development has been sealed, the State Government or the competent authority, as the case may be, may, for the purpose of removing or discontinuing such development, order the seal to be removed.
(3) No person shall remove such seal except-
(a) under an order made by the State Government or the competent authority under sub-section (2); or
(b) under an order of the appellate authority or the State Government made in an appeal under this Act".