HARYANA SHEHRI VIKAS PRADHIKARAN ACT, 1977
An Act to provide for the establishment of [Shehri Vikas Pradhikaran] for undertaking urban development [and the Local Development [Pradhikaran] for the development of local area] in the State of Haryana and for matters ancillary thereto.
Be it enacted by the Legislature of the State of Haryana in the Twenty-eighth year of the Republic of India as follows :
Received the assent of the President of India on the 30.4.1977 and was published in the Haryana Gazette (Extra.) Leg. Supp. Part I, dt. 2.5.1977.
(1) This Act may be called the Haryana [Shehri Vikas Pradhikaran] Act, 1977.
In this Act, unless the context otherwise requires :
(a) "amenity" includes roads, water supply, street lighting, drainage, [sewerage, treatment and disposal of sewage, sullage and storm water], Public works, tourist spots, open spaces, Parks, landscaping and Play fields, and such other conveniences as the State Government may, by notification, specify to be an amenity for the purposes of this Act;
[(ai) "basic amenities" include metalled roads, wholesome water, sewerage and electrification;]
[***]
(c) "building" includes -
(i) a house, out-house, stable, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;
(ii) a structure on wheels or simply resting on the ground without foundations;
(iii) a ship, vessel, boat, tent, van and any oth
(1) With effect from such date as the State Government may, by notification, specify in this behalf, the State Government shall establish, for the purposes of this Act, an [Pradhikaran] to be known as the Haryana [Shehri Vikas Pradhikaran] with headquarters at such place as the State Government may specify.
(2) The [Pradhikaran] shall be a body corporate [as well as a local [Pradhikaran]] by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract; and shall, by the said name, sue and be sued.
(3) The [Pradhikaran] shall consist of a Chairman, a Vice-Chairman, a Chief Administrator and such other members, hot more than twelve and not less than six, as the State Government may, from time to time, by notification appoint :
Provided that the number of non-official members shall not, at any time, excee
(1) The terms of office and conditions of service of the members shall be such, as may be prescribed.
(2) The Chief Administrator shall be entitled to receive from the fund of the [Pradhikaran] such salary and such allowances, if any, as may be prescribed.
(3) Any member, other than the Chief Administrator, may be paid from the fund of the [Pradhikaran] such allowances, if any, as may be prescribed.
(4) The members shall hold office during the pleasure of the State Government.
(5) The member may resign his office by giving notice in writing to the State Government and, on such resignation being accepted by the State Government, he shall cease to be a member.
The State Government may remove, from office, any member -
(i) who, without excuse, sufficient in the opinion of the State Government, is absent for more than four consecutive meetings of the [Pradhikaran];
(ii) who has, in the opinion of the State Government, so abused his position as a member as to render his continuance on the [Pradhikaran] detrimental to the interest of the [Pradhikaran].
Upon occurrence of any vacancy in the office or Chairman, Vice-Chairman, Chief Administrator or member, a new Chairman, Vice-Chairman, Chief Administrator or member, as the case may be, shall be appointed.
(1) The [Pradhikaran] shall meet at such times and places and subject to the provisions of sub-sections (2) and (3) observe such rules of procedure in regard to the transaction of its business at such meetings as may be provided by regulations.
(2) At every meeting of the [Pradhikaran], the Chairman, if present, or in his absence, the Vice-Chairman, and if there be no Chairman or Vice-Chairman, present, then, any one of its members, whom the members present may elect, shall preside.
(3) All questions at a meeting of the [Pradhikaran] shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the member presiding shall have a second or casting vote.
(4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for the purpose, which shall be signed at the next ensuing meeting by the member pr
Subject to any rules made in this behalf, the [Pradhikaran] may, from time to time, appoint one or more committees for the purpose of securing the efficient discharge of the functions of the [Pradhikaran] and in particular for the purpose of ensuring the efficient maintenance of public amenities and development projects.
(1) The [Pradhikaran] or any committee appointed under section 8 may associate with itself in such manner and for such purpose, as may be prescribed, any person whose assistance or advice it may require in performing any to its functions under this Act.
(2) Any person associated with it by the [Pradhikaran] under sub-section (1) for any purpose shall have a right to take part in the discussion of the [Pradhikaran] relevant to that purpose but shall not have a right to vote at a meeting.
No act done or proceedings taken under this Act shall be questioned on the ground merely of -
(a) the existence of any vacancy in, or any defect in the constitution of, the [Pradhikaran];
(b) any person, associated under section 9, having voted in contravention of the provisions of this Act in this behalf;
(c) the failure to serve a notice on any person where no substantial injustice has resulted from such failure;
(d) any omission, defect or irregularity not affecting the merits of the case.
(1) Subject to such control and restrictions, as may be prescribed, the [Pradhikaran] may appoint such number of officers and other employees including experts for technical and legal work, as may be necessary for the efficient performance of its functions and may determine their designations and grades.
(2) The officers and other employees of the [Pradhikaran] shall be entitled to receive, from the fund of the [Pradhikaran], such salaries and allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
(3) The exercise of any powers or discharge of any duties or functions under sub-section (1) by any officer or other employee shall be subject to such restrictions, conditions and limitations, if any, as may be laid down by the [Pradhikaran], and shall also be subject to its control and supervision.
No person who has, directly or indirectly, by himself or through his partner or agent, any share or interest in any contract, by or on behalf of the [Pradhikaran], or any employment under, by or on behalf of the [Pradhikaran], otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the [Pradhikaran].
The objects of the [Pradhikaran] shall be to promote and secure development of all or any of the areas comprised in an urban area and for that purpose, the [Pradhikaran] shall have the power to acquire by way of purchase, transfer, exchange or gift, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by itself or through any agency on its behalf, building, engineering, mining and other operations, to execute works in connection with supply of water, [treatment and disposal of sewage, sullage and storm water], control of pollution and any other services and amenities and generally to do anything, with the prior approval, or on direction, of the State Government, for carrying out the purposes of this Act.
(1) When any land, other than the land owned by the Central Government, is required for the purposes of this Act, the State Government may, at the request of the [Pradhikaran], proceed to acquire it under the provisions of the Land Acquisition Act, 1894 [as amended from time to time] and on payment by the [Pradhikaran] of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the [Pradhikaran].
(2) For the purposes of the Land Acquisition Act, 1894 [and any other law for the time being in force] the [Pradhikaran] shall be deemed to be a local [Pradhikaran].]
(1) Subject to any directions given by the State Government under this Act and the provisions of sub-section (5), the [Pradhikaran] may dispose of -
(a) any land acquired by it or transferred to it by the State Government without undertaking or carrying out any development thereon; or
(b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions, as it considers expedient for securing development.
(2) Nothing in this Act shall be construed as enabling the [Pradhikaran] to dispose of land by way of gift, but subject to this condition, reference in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise.
(3) Subject to the provision
(1) Where any person makes default in the payment of -
(i) any rent due in respect of any lease of any land or building or both, as the case may be, under section 15; or
(ii) any fee or contribution payable under this Act in respect of any land or building or both, the Estate Officer may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty :
Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter.
(2) Where any person makes default in the payment of any amount, being the arrears or penalty or both directed to be paid under sub-section (1), such amount may be recovered from him, in the same manner as arrears of land revenue.
(1) Where any transferee makes default in the payment of any consideration money, or any instalment, on account of the sale of any land or building, or both, under section 15, the Estate Officer may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why a penalty which shall not exceed ten percent of the amount due from the transferee, be not imposed upon him.
(2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due alongwith the penalty shall be paid by the transferee within such period as may be specified in the order.
(3) If the transferee fails to pay the amount due together with the penalty in accordance with the order made under sub-section (2), or commits a
(1) If the Collector or any officer authorised by him is satisfied-
(a) that any person authorised to occupy any premises of the [Pradhikaran] has -
(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or
(ii) sublet, without the permission of the Estate Officer, the whole or any part of such premises; or
(iii) otherwise acted in contravention of any of the terms expressed or implied, under which he is authorised to occupy such premises; or
(b) that any person is in unauthorized occupation of any land of the [Pradhikaran] or building constructed thereon -
the Collector or any officer authorised by him may, notwithstanding anything contained in any law, for the time being in force, by notice served by post and if a person avoids service, or is not available for service of notice, or ref
Where any person is in unauthorised occupation of any premises of the [Pradhikaran], the Collector may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as he may deem fit and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damages within such time not being less than thirty days as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.
(1) Any person aggrieved by an order of the Collector under section 18 or section 19 may, within a period of thirty days from the date of the service of notice under section 18 or section 19, as the case may be, prefer an appeal to the Director, or such other [Pradhikaran], as the State Government may appoint in this behalf:
Provided that the appellate [Pradhikaran] may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred under sub-section (1), the appellate [Pradhikaran] may stay the enforcement of the order of the Collector for such period and on such conditions, as, it deems fit.
(3) Every appeal under this section shall be disposed of by the appellate [Pradhikaran] as expeditiously as possible.
(1) The [Pradhikaran] shall have and maintain its own fund to which shall be credited -
(a) all moneys received by the [Pradhikaran] from the State Government and the Central Government by way of grants, loans, advances or otherwise;
(b) all moneys borrowed by the [Pradhikaran], from source other than the Government, by way of loans or debentures;
(c) all fees received by the [Pradhikaran] under this Act;
(d) all moneys received by the [Pradhikaran] from the disposal of lands, building and other properties, movable and immovable; and
(e) all moneys received by the [Pradhikaran] by way of rents and profits or in any other manner or from any other source.
(2) The fund shall be applied towards meeting -
(a) expenditure incurred in the administration of this Act;
(b) cost of acquisition of land for
The State Government may make such grants, advances and loans to the [Pradhikaran], as the State Government may deem necessary, for the performance of the functions under this Act and all grants, loans and advances so made shall be on such terms and conditions, as the State Government may determine.
(1) The [Pradhikaran] may, from time to time, borrow money by way of loans or debentures from such sources, other than the State Government, and on such terms and conditions as may be prescribed.
(2) The [Pradhikaran] may advance money for residential, industrial or commercial purposes on such terms and conditions, as may be prescribed.
All payments due from the [Pradhikaran] on accounts of interest on loans or the repayment of loans shall be made in priority to all other dues from the [Pradhikaran].
The [Pradhikaran] shall prepare in such form and at such time every year, as may be prescribed, a budget, in respect of the financial year next ensuing showing the estimated receipts and expenditure of the [Pradhikaran] and shall forward to the State Government such number of copies thereof, as may be prescribed.
(1) The [Pradhikaran] shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form, as may be prescribed.
(2) The accounts of the [Pradhikaran] shall be subject to audit annually by the Accountant General of the State Government and any expenditure incurred by him in connection with such audit shall be payable by the [Pradhikaran] to the Accountant General.
(3) The Accountant General or any person appointed by him in connection with the audit of accounts of the [Pradhikaran] shall have the same right, privilege and [Pradhikaran] in connection with such audit as the Accountant General has in connection with the audit of the Government accounts, and in particular, shall have the right to demand the production of books, accounts connected vouchers and other documents and papers.
(4) The accounts of the [Pradhikaran] as certi
The [Pradhikaran] shall prepare, for every year, a report on its activities during that year and submit the report to the State Government, in such form and on or before such date, as may be prescribed.
The [Pradhikaran] shall constitute, for the benefit of its whole time paid members and of its officer and other employees in such manner and subject to such conditions, as may be prescribed, such provident fund as it may deem fit.
Where any area has been developed by the [Pradhikaran], the [Pradhikaran] may entrust the local [Pradhikaran] [discharging municipal functions] within whose local limits the area so developed is situated, with the responsibility for the maintenance of the amenities which have been provided in the area by the [Pradhikaran] and for the provision of the amenities which have not been provided by the [Pradhikaran] but which in its opinion should be provided on terms and conditions agreed upon between the [Pradhikaran] and the local [Pradhikaran], and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local [Pradhikaran] on a reference of the matter to the State Government by the [Pradhikaran].
(1) The [Pradhikaran] shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of this Act.
(2) The State Government may, at any time either on its own motion or on application made to it in this behalf, call for the records of any case disposed of, or order passed by the [Pradhikaran] for the purpose of satisfying itself as to the legality or propriety or correctness of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it thinks fit :
Provided that the State Government shall not pass an order adversely affecting any person without affording such person an opportunity of being heard.
(3) The State Government may depute any officer to inspect or examine the office of the [Pradhikaran], or its development works and to report thereon and the officer so deputed may, for the p
The [Pradhikaran] shall furnish to the State Government such reports, returns, record and other information as the State Government, may, from time to time, require.
Notwithstanding anything contained in any other law for the time being in force, where the State Government considers it expedient, it may, in the prescribed manner, suspend any of the powers of local [Pradhikaran] relating to the control on development and use of lands and building under the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952 the Punjab Panchayat Samitis Act, 1961, the Punjab Town Improvement Act, 1922, or the Faridabad Complex (Development and Regulation) Act, 1971 and transfer such powers to the [Pradhikaran].
(2) Where such powers are transferred to the [Pradhikaran], the [Pradhikaran] shall be deemed to be the local [Pradhikaran] concerned, the Chief Administrator shall be deemed to be the committee of the municipality or the Sarpanch of the Gram Panchayat or the Chairman of the Panchayat Samiti or the Chairman of the Improvement Trust or the Chief Administrator of the Faridabad Complex Administration, as the c
The [Pradhikaran] may authorise any person to enter into or upon any land or building other than the land or building owned by the Central Government with or without assistants or workmen for the purpose of -
(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
(b) examining works under construction and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil.
(d) setting out boundaries and intended lines of work;
(e) making levels, boundaries and lines by placing marks and cutting trenches;
(f) doing any other thing necessary for the efficient administration of this Act:
Provided that -
(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier,
Any person who obstructs the entry of a person authorised under section 33 to enter into or upon any land or building other than the land or building owned by the Central Government or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretar
All fines realised in connection with prosecution under this Act shall be paid to the [Pradhikaran].
(1) Any offence made punishable under this Act may, either before or after the institution of proceedings, be compounded by the [Pradhikaran] or by any person authorised by the [Pradhikaran] in this behalf.
(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.
Where, in the opinion of the State Government, it is necessary that the amenities provided by the [Pradhikaran] in an urban area should be extended to any land or building situated within the said area or within such distance from the said area as it may deem expedient, such amenities shall be extended to such land or building and the owner of such land or building shall be liable to pay to the [Pradhikaran], in the manner prescribed, such development charges therefore, as may be fixed by the State Government having regard to the expenses to be incurred for providing such amenities and the benefits to be extended to the land or building.
(1) The registration of independent residential floors for the purpose of transfer, sale, gift, exchange or lease in perpetuity of plots allotted by the [Pradhikaran], shall be permitted as independent dwelling unit :
Provided that no sub-division of land under the residential dwelling unit shall be permitted and the registration shall be limited to only one dwelling unit on each floor.
(2) The purchaser of floor desiring registration under sub-section (1) shall be liable to pay a duty, as notified by the State Government, from time to time, which shall not be less than one per centum and more than three per centum, in addition to the stamp duly payable under the Indian Stamp Act, 1899, as applicable in the State of Haryana.
(3) The said duty shall be collected by the Registrar or Sub- Registrar in the shape of non-judicial stamp paper at the time of registration of the document and intimation thereof
All members, officers and other employees of the [Pradhikaran] shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
No court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the [Pradhikaran] or any officer authorised by the [Pradhikaran].
(1) All notices, all orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served -
(a) where the person to be served is a company, if the document is addressed to the Secretary of the said company, at its registered office or at its principal office or place of business and is either -
(i) sent by registered post;
(ii) delivered at the registered office or at the principal office or place of business of the said company;
(b) where the person to be served is a partnership firm, if the document is addressed to the said partnership firm, at its principal place of business, identifying it by the name or style under which its business is carried on and is either-
(i) sent by registered post; or
Where any notice, orders or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.
All permissions, orders, decisions, notices and other documents of the [Pradhikaran] shall be authenticated by the signatures of the Secretary or any other officer authorised by the [Pradhikaran] in this behalf.
A copy of any receipt, application, plan, notice, entry in a register, or other document, in the possession of the [Pradhikaran], if duly certified by the legal keeper thereof, or other person authorised by the [Pradhikaran], in this behalf, shall be received as prima-facie evidence of the existence of the document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where, and to the same extent as, the original document would, if produced, have been admissible to prove such matters.
No member, officer or other employee of the [Pradhikaran] shall, in any legal proceedings to which the [Pradhikaran] is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
It shall be the duty of every police officer-
(i) to communicate without delay to the proper officer or the employee of the [Pradhikaran] any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder; and
(ii) to assist the member or any officer or other employee of the [Pradhikaran] in the lawful exercise of any power vesting in such member, officer or other employee under this Act or any rule or regulation made thereunder.
(1) A police officer, not below the rank of sub-inspector, shall arrest any person who commits, in his view, any offence against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, on demand, declines to give his name and address, or gives such name or address which such officer has reason to believe to be false.
(2) The person so arrested shall, without unavoidable delay, be produced before the Magistrate authorised to try the offence for which the arrest has been made, and no person, so arrested shall be detained in custody for a period exceeding twenty four hours without an order from the above mentioned Magistrate.
(1) Save as otherwise expressly provided in the Act, every order passed or direction issued by the State Government or order passed or notice issued by the [Pradhikaran] or its officer under this Act shall be final and shall not be questioned in any suit or other legal proceedings.
(2) No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any [Pradhikaran] empowered by this Act or the rules or regulation made thereunder.
(1) The [Pradhikaran] may, by resolution, authorise that any power exercisable by it under this Act or the rules or regulations made thereunder, except the power to make regulations, may also be exercised by such officers of the [Pradhikaran] or State Government or local [Pradhikaran] as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(2) The State Government may, by notification direct that any power exercisable by it under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(3) The Director may, be notification direct that any power exercisable by him under this Act may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(1) If, in the opinion of the State Government, the [Pradhikaran] is not competent to exercise or perform or neglects or fails to exercise or perform any power conferred or duty imposed upon it by or under any of the provisions of this Act, the State Government or any persons appointed in this behalf by the State Government may exercise such power or perform such duty.
(2) Any expenses incurred by the State Government or by such person in exercising such power or performing such duty shall be paid out of the fund of the [Pradhikaran], and if the [Pradhikaran] fails to pay the expenses, then the State Government may make an order directing any person who, for the time being, has custody of such fund to pay such expenses from such fund, and such person shall be bound to obey such order.
(1) The State Government may, by notification, make rules for carrying out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
(a) the terms and conditions of service of the members under sub-section (1) of section 4;
(b) the appointment of committees under section 8;
(c) the manner and purpose for associating persons under section 9;
(d) the control and restriction in relation to appointment of officers and other employees under sub-section (1) of section 11;
(e) the form and manner in which an appeal may be filed under sub-section (5) of section 17;
(f) the manner of serving notice under sub-section (1) of section 1 and under section 19;
(g) the manner in which the
The [Pradhikaran] may, with the previous approval of the State Government, make regulations consistent with this Act, and without prejudice to the generality of this power such regulations may provide for:
(a) the summoning or holding of the meetings of the [Pradhikaran], the time and place where such meetings are to be held and the conduct of business at such meetings;
(b) the powers and duties of the officers and other employees of the [Pradhikaran];
(c) the salaries, allowances and conditions of service of Officers and other employees of the [Pradhikaran];
(d) the erection of buildings;
(e) the terms and conditions in which transfer of any right, title and interest in any land or building may be permitted;
(f) the management of the properties of the [Pradhikaran];
(g) any other matter which has to be, or may be,
Except as otherwise provided for in this Act, and any contravention of any of the rules or regulations made thereunder shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing contravention, with an additional fine, which may extend to fifty rupees, for each day during which such contravention continues after the first conviction; and the court, while passing any sentence on conviction of any person for the contravention of any rule or regulation, may direct that any property or part thereof, in respect of which the rule or regulation has been contravened, shall be forfeited to the [Pradhikaran] :
[Provided that if a building is begun, erected or re-erected in contravention of any of the building regulations, the Chief Administrator shall be competent to require the building to be altered or demolished, by a written notice delivered to the owner thereof, within six months of its having begun, or havi
Nothing in this Act, shall apply to the operational constructions.
(1) Where the State Government is satisfied that the purposes for which the [Pradhikaran] is constituted under this Act have been substantially achieved so as to render the continued existence of the [Pradhikaran] in the opinion of the State Government unnecessary, the State Government may, by notification, declare that the [Pradhikaran] shall be dissolved with effect from such date as may be specified in the notification; and the [Pradhikaran] shall be deemed to be dissolved accordingly.
(2) From the date specified under sub-section (1) -
(a) all properties, funds and dues which are vested in, or realisable by the [Pradhikaran], shall vest in, or be realisable by, the State Government;
(b) all liabilities which are enforceable against the [Pradhikaran] shall be enforceable against the State Government; and
(c) for the purpose of carrying out any development which has not been ful
(1) As from the date of the constitution of the [Pradhikaran], the Punjab Urban Estates (Development and Regulation) Act, 1964, in its application to the State of Haryana, shall stand repealed.
(2) Notwithstanding the provisions of sub-section (1) :
(a) anything done or any action taken including any notification, order, schemes, permissions or rule made, granted or issued under any provisions of the Punjab Urban Estate (Development and Regulations) Act, 1964, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act, unless and until it is superseded by anything done or any action taken under this Act;
(b) all properties movable and immovable and all interests of whatsoever nature and kind therein, vested in the State Government under the Punjab Urban Estates (Development and Regulation) Act, 196
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notified order, not inconsistent with the provisions of this Act, remove the difficulty.
(1) The Haryana [Shehri Vikas Pradhikaran] Ordinance, 1977 (Haryana Ordinance No. I of 1977) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act as if this Act had come into force on the 10th day of January, 1977.
In this Chapter unless the context otherwise requires, -
(a) "Estate Officer" means the Estate Officer of the Local Development [Pradhikaran] appointed by the Government;
(b) "local development area" means the area declared as such under sub-section (1) of Section 6 2;
(c) "Local Development [Pradhikaran]" means the Local Development [Pradhikaran] constituted under sub-section (3) of Section 62;
(d) "master plan" means a plan including a development plan approved by the Government under this Act or under any other Act in force in the State of Haryana;
(e) "Secretary" means the Secretary of the Local Development [Pradhikaran];
(f) "Vice-Chairman" means the Vice-Chairman of the Local Development [Pradhikaran] who shall also be the Chief Administrator thereto.
[(1) If in the opinion of the State Government any area within the State requires integrated planned development, it may, by notification, declare such area to be local development area and such area shall include the area within a town or local [Pradhikaran] including a municipal committee/council or a Municipal Corporation, the controlled area declared under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963), or the erstwhile Faridabad Complex (Regulation and Development) Act, 1971 (42 of 1971), or the Haryana Municipal Corporation Act, 1994 (16 of 1994) or any other area which in the opinion of the State Government is likely to be developed.]
(2) The State Government may, by notification in the Official Gazette, constitute for the purposes of this Act an [Pradhikaran] to be called Local Development [Pradhikaran] for any local development area declared under sub-section (1).
(1) The Local Development [Pradhikaran] in respect of any local development area declared for development under sub-section (1) of Section 62 shall consist of the following members :-
(a) Chairman of the Haryana [Shehri Vikas Pradhikaran] shall be the Chairman of Local Development [Pradhikaran];
[(b) a whole time Vice-Chairman not below the rank of Commissioner serving or retired to be appointed by the Government;]
(c) the Secretary to the Government, Haryana, in the Town and Country Planning Department, ex-officio;
(d) the Secretary of the Government, Haryana, in the Local Government Department, ex-officio;
(e) the Secretary to the Government, Haryana, in the Finance Department, ex-officio;
(f) the Director, Town and Country Planning Department, Haryana, ex- officio;
(g) the Chief Administrator, Haryana [Shehri Vik
(1) The term of office and conditions of service of the members shall be such as may be prescribed.
(2) The Vice-Chairman shall be entitled to receive from the fund of the Local Development [Pradhikaran] such salary and allowances, as may be prescribed.
(3) A member may be paid from the fund of the Local Development [Pradhikaran] such allowances, if any, as may be prescribed.
(4) The nominated members shall hold office during the pleasure of the Government.
(5) A nominated member may resign his office by giving notice in writing to the Government and, on such resignation being accepted by the Government, he shall cease to be a member.
The Government may remove from office any member,-
(i) who, without sufficient excuse in the opinion of the Government has absented himself for more than four consecutive meetings of, the Local Development [Pradhikaran];
(ii) who has, in the opinion of the Government so abused his position as a member as to render his continuance on the Local Development [Pradhikaran] detrimental to its interest.
Upon occurrence of any vacancy in the office of a member, another member shall be appointed.
(1) The Local Development [Pradhikaran] shall meet at such times and places and subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to the transaction of its business at such meeting, as may be provided by regulations.
[(2) Every meeting of the Local Development [Pradhikaran] shall be presided over by the Chairman.]
(3) All questions at a meeting of the Local Development [Pradhikaran] shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the [Chairman] shall have a second or casting vote.
(4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for the purpose, which shall be signed at the next ensuing meeting by the member presiding at such meeting and shall be open to inspection by any member during office hours.
Subject to any rules made in this behalf, the Local Development [Pradhikaran] may, from time to time, appoint one or more committees for the purpose of securing the efficient discharge of the functions of the Local Development [Pradhikaran] and in particular for the purpose of ensuring the efficient maintenance of public amenities and development projects.
(1) The Local Development [Pradhikaran] or any committee appointed under Section 68 may associate with itself in such manner and for such purposes, as may be prescribed, any person whose assistance or advice it may require in performing any of its functions under this Chapter.
(2) Any person associated under sub-section (1) for any purpose shall have the right to take part in the discussion of the Local Development [Pradhikaran] relevant to that purpose but shall not have a right to vote at a meeting.
No act done or proceedings taken under this Chapter shall be questioned on the ground merely of -
(i) the existence of any vacancy in, or any defect in the constitution of the Local Development [Pradhikaran];
(ii) any person, associated under Section 69 having voted in contravention of the provisions of this Chapter in this behalf;
(iii) the failure to serve a notice on any person where no substantial injustice has resulted from such failure;
(iv) any omission, defect or irregularity not affecting the merits of the case.
(1) The State Government may appoint six suitable officers respectively as the Chief Town Planner, Chief Engineer, Controller of Finance, Secretary, Estate Officer and Manager Estate of the Local Development [Pradhikaran] from Haryana [Shehri Vikas Pradhikaran] or concerned department of State Government, who shall exercise such powers and perform such duties, as may be prescribed by regulations or delegated to them by Local Development [Pradhikaran] or its Vice-Chairman.
(2) Subject to such control and restrictions, as may be prescribed, the Local Development [Pradhikaran] may appoint from the cadre of the employees of the Haryana [Shehri Vikas Pradhikaran] or on deputation from the departments of the State Government such number of officers and other employees including experts for technical and legal work, as may be necessary for the efficient performance of its functions and may determine their designations and grades.
The objects of the Local Development [Pradhikaran] shall be to promote and secure the development of all or any of the areas comprised in a local development area according to plan, for that purpose the Local Development [Pradhikaran] shall have the power to acquire by way of purchase, transfer, exchange or gift, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by itself or through any agency on its behalf, building, engineering, mining and other operations, to execute works in connection with supply of water, disposal of sewerage, control of pollution and any other service and amenities and generally to do anything, with the prior approval, or on direction of the State Government, for carrying out of the purpose of this Act:
Provided that save as provided in this Chapter nothing contained in this Chapter shall be construed as authorising the disregard by the Local Development [Pradhikaran] o
(1) The Local Development [Pradhikaran] shall, as soon as may be, prepare a master plan for the local development area.
(2) The master plan shall -
(a) define the various [sectors/zones] into which the local development area may be divided for the purposes of development and indicate the manner in which the land in each [sector/zone] is proposed to be used (whether by the carrying out thereon of development or otherwise) the stages by which any such development shall be carried out; and
(b) serve as a basic pattern of frame work within which the [sectoral/zonal development plans] of the various [sectors/zones] may be prepared.
(3) The master plan may provide for any other matter which may be necessary for the proper development of the local development area.
(1) Simultaneously, with the preparation of the master plan or as soon as may be thereafter, the Local Development [Pradhikaran] shall proceed with the preparation of a [sectoral/zonal development plan] for each of the [sectors/zones] into which the local development area may be divided.
(2) A [sectoral/zonal development plan] may -
(a) contain a site plan and use plan for the development of the [sector/zone] and show the approximate locations and extents of land use proposed in the [sector/zone] for such things as public building and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses;
(b) specify the standards of population density and building density;
(c) show every area in the [sector/zone] which may, in the opinion of the Local Developm
(1) In this Section and in Sections 76, 77, 80 and 82 the word "plan" means the master plan as well as the [sectoral/zonal development plan(s)] for a sector.
(2) Every plan shall, as may be, after its preparation be submitted by the Local Development [Pradhikaran] to the State Government in the Town and Country Planning Department for approval and the Government may either approve the plan without modification or with such modifications as it may consider necessary or reject the plan with directions to the Local Development [Pradhikaran] to prepare a fresh plan according to such directions.
(1) Before preparing any plan finally and submitting it to the State Government for approval, the Local Development [Pradhikaran] shall prepare a plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by regulations made in that behalf inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice.
(2) The Local Development [Pradhikaran] shall also give reasonable opportunity to every local [Pradhikaran] within whose local limits the land touched by the plan is situated, to make any representation with respect to the plan.
(3) After considering all objections, suggestions and representations that may have been received by the Local Development [Pradhikaran], the Local Development [Pradhikaran] shall finally prepare the plan and submit it to the State Government f
Immediately after a plan has been approved by the State Government, the [Pradhikaran] shall publish in such manner as the State Government may specify, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours, and upon the date of first publication of the aforesaid notice the plan shall come into operation.
[Note. - The development plan prepared and approved by the Government under Section 5 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963) or under Section 29 of the erstwhile Faridabad Complex (Regulation and Development) Act, 1971 (42 of 1971) or under Section 346 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), shall be deemed to be master plan under Section 73 for the local development area forming part of the controlled area declared under the aforesaid Acts and the same shall be integrated in
(1) Where in any local development area, any building occupied wholly for residential purpose or partly for residential and partly for non- residential purpose abuts an arterial road, the occupier of such building shall be bound to repair, white-wash, colour-wash or paint the facade of such building at his own cost in accordance with any bye-laws made in that behalf.
(2) Where the Local Development [Pradhikaran], with a view to ensuring symmetry with any scheme of other specification made in that behalf consider it necessary or expedient so to do, or where any occupier fails to repair, white-wash, colour-wash or paint the facade of any building in accordance with sub-section (1), it may by order require that the said work shall be carried out by the Local Development [Pradhikaran] itself or under its direction and may accordingly, also require the occupier to pay the cost of such work to the Local Development [Pradhikaran].
(1) The Local Development [Pradhikaran] may make any amendment on the master plan or the [sectoral/zonal development plan(s)] as it thinks fit, which may in its opinion do not effect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of population density.
(2) The State Government may make amendments in the master plan or the [sectoral/zonal development plan(s)] whether such amendments are of the nature specified in sub-section (1) or otherwise.
(3) Before making any amendments in the plan, the Local Development [Pradhikaran], or as the case may be, the State Government shall publish a notice in atleast one newspaper having circulation in the local development area inviting objections and suggestions that may be received by the Local Development [Pradhikaran] or the State Government.
(4) Every amendment made under this section shall be
(1) After the declaration of any area as local development area under sub-section (1) of Section 62, no development of land shall be undertaken or carried out or continued in that area by any person or body (including a department of Government) unless permission for such development has been obtained in writing from the Vice-Chairman in accordance with the provisions of this Chapter.
(2) After the coming into operation of any of the plans in any local development area no development shall be undertaken or carried out or continued in that area unless such development is in accordance with such plans.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the following provisions shall apply in relation to development of land by any department of any State Government or the Central Government or any local [Pradhikaran], -
(a) when any such department or local [Pradhikaran] intends to carry
(1) Every person or body (other than any department of Government or any local [Pradhikaran]) whose site is situated in any [sector/zone] developed by Local Development [Pradhikaran] or in any Colony approved under any other Act of the State or for which permission of change of land use has been granted by the Government, desiring to obtain the permission referred to in Section 80 shall make an application in writing to the Vice- Chairman in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by bye-laws.
(2) Every application under sub-section (1) shall be accompanied by such fees as may be prescribed by rules.
(3) On the receipt of an application for permission under sub-section (1), the Vice-Chairman after making such enquiry as he considers necessary in relation to any matter specified in clause (d) of sub-section (2) of Section 74 or in relation
(1) The permission in the sectors/areas other than those specified in sub-section (1) of Section 81 to an individual or a person including an association or body of individuals whether incorporated or not may be granted by the Government on such terms and conditions and on payment of such fees and conversion charges as may be prescribed:
Provided that such a permission may not be granted for reasons to be recorded in writing if the Government is not satisfied with the merits of the case or is not in accordance with law.
(2) After coming into operation of any of the plans in a [sector/zone] no person shall use or permit to be used any land or building in that [sector/zone] otherwise than in confirmity with such plan.
The Haryana Development and Regulations of Urban Areas Act, 1975, shall continue to be applicable in the local development area which shall be deemed to be the urban area as defined in clause (o) of Section 2 of the said Act and the powers under the said Act shall continue to be exercised by the Director, Town and Country Planning, Haryana.
The provisions of Sections 2, 14 to 27, 32 to 34, 36, 37, 39, 40, 41, 44 to 52, 55, 56 and 59 shall apply mutatis mutandis to the local Development [Pradhikaran] constituted under sub- section (3) of Section 62 and the terms `[Pradhikaran]', `Estate Officer' and `Chief Administrator' shall mean `Local Development [Pradhikaran]', `Estate Officer', and `Vice-Chairman' respectively for this purpose.
(1) As from the date of the constitution of a Local Development [Pradhikaran] under sub-section (3) of Section 62, the powers and functions of Haryana [Shehri Vikas Pradhikaran] shall stand transferred to Local Development [Pradhikaran] in respect of the Local Development area for which it is constituted.
(2) Notwithstanding the provisions of sub-section (1), -
(a) anything done or any action taken including any notification, order, scheme, permission or rule made, granted or issued by the Government or the Haryana [Shehri Vikas Pradhikaran] shall, so far it is not inconsistent with the provisions of this Chapter, continue in force and be deemed to have been done or taken by the Local Development [Pradhikaran] unless and until it is superseded by anything done or any action taken under this Chapter;
(b) all property movable and immovable and all interests of whatsoever nature and kind therein vested in
(1) The State Government may, by notification in the Official Gazette and upon such terms and conditions as may be agreed upon between the Government and the Local Development [Pradhikaran], place at the disposal of the Local Development [Pradhikaran] all or any developed and undeveloped lands in the local development area vested in the State Government (known and hereinafter referred to as `Nazul lands') for the purpose of development, in accordance with the provisions of this Chapter.
(2) After any nazul land has been placed at the disposal of the Local Development [Pradhikaran] under sub-section (1) no development of any such land shall be undertaken or carried out except by or under the control and supervision of the Local Development [Pradhikaran].
(3) After any such nazul land has been developed by or under the control and supervision of the Local Development [Pradhikaran] it shall be dealt with by the Local Developme
(1) Any person who whether at his own instance or at the instance of any other person or any body including a department of Government undertakes or carries out development of any land in contravention of the master plan or [sectoral/zonal development plan(s)] or without the permission, approval or sanction referred to in Section 80 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall be punishable with fine which may extend to ten thousand rupees, and in the case of continuing offence, with further fine which may extend to five hundred rupees for every day during which such commission of the offence continues after conviction for the first commission of the offence.
(2) Any person who uses any land or building in contravention of the provisions of Section 82 or in contravention of any terms and conditions prescribed by regulation shall be punishable with fine which may extend to fiv
(1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or [sectoral/zonal development plan(s)] or without the permission, approval or sanction referred to in Section 80 or contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the local development area, then without prejudice to the provisions of Section 86 the Vice-Chairman or any officer of the Local Development [Pradhikaran] empowered by him in that behalf may make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance development has been commenced or is being carried out or has been completed, within such period not being less than fifteen days and more than forty days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been deliv
(1) Where any development in a local development area has been commenced or continued in contravention of the master plan or [sectoral/zonal development plan(s)] or without the permission, approval or sanction referred to in Section 80 or in contravention of any conditions subject to which such permission, approval or sanction has been granted then, without prejudice to the provisions of Sections 87 and 88, the Vice-Chairman of the Local Development [Pradhikaran] or any officer of the Local Development [Pradhikaran] empowered by him in that behalf, may 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 pursuance of the order under sub-section (1), the Vice-Chairman or the said officer of the Local Development [Pradhikaran] may require any police officer to remove the person by whom the de
After a master plan or [sectoral/zonal development plan(s)] has come into operation under Section 78, the Local Development [Pradhikaran] or its Vice Chairman shall exercise such other powers and functions exercisable by the local [Pradhikaran] concerned or its Chief Executive Officer, as the case may be, under the enactment constituting that local [Pradhikaran], subject to such exceptions or modifications, as the State Government may by notification, in the Official Gazette specify.
(1) If the Local Development [Pradhikaran], after holding a local inquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land in local development area has not been provided which in the opinion of the Local Development [Pradhikaran] ought to have been or ought to be provided or that any development of the land for which permission, approval or sanction has been obtained under this Chapter or under any law in force before the coming into force of this Chapter has not been carried out, it may, after affording the owner of the land or the person providing or responsible, for providing the amenity a reasonable opportunity to show cause, by order require him to provide the amenity or carry out the development within such time as may be specified in the order.
(2) If any amenity is not provided or any such development is not carried out within the time specified in the
(1) Where any area has been developed by the Local Development [Pradhikaran], it may require the local [Pradhikaran] within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Local Development [Pradhikaran] and for the provisions of the amenities which have not been provided by the Local Development [Pradhikaran] and local [Pradhikaran], and where such terms and conditions cannot be agreed upon, then on a reference of the matter to the State Government by the Local Development [Pradhikaran] on terms and conditions settled by the Government in consultation with the local [Pradhikaran].
(2) The transfer of a developed area shall take effect immediately after five years after completion of development works or as may be decided by the Local Development [Pradhikaran] and it shall be obligatory on the part of local [Pradhikaran] to take over t
(1) Where in the opinion of the Local Development [Pradhikaran], as a consequence of any development scheme having been executed by it in any local development area, the value of any property in that area which has benefited by the development, has increased or will increase, the Local Development [Pradhikaran] shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development :
Provided that no betterment charge shall be levied in respect of lands owned by the Government :
Provided further that where any land belonging to the Government has been granted by way of lease or licence by the Government to any person, than that land and any building situated thereon shall be subject to a betterment charge under this section.
(2) Such betterment charge shall b
(1) When it appears to the Vice-Chairman that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Vice-Chairman may, by an order made in that behalf, declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or any person having an interest therein that the Vice-Chairman proposes to assess the amount of the betterment charge in respect of the property under Section 93.
(2) The Vice-Chairman shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Vice-Chairman inform the Vice-Chairman by a declaration in writing that he accepts the a
Subject to the control of the State Government every decision of the Chairman on appeal, and subject only to any decision on appeal (if it lies and is preferred), the order of the Vice-Chairman or other officer under Section 81, or Section 88, shall be final and shall not be questioned in any Court.
(1) The betterment charge levied under this Chapter shall be payable in such number of instalments, and each instalment shall be payable at such time and in such manner, as may be fixed by bye-laws made in that behalf.
(2) Any arrears of betterment charges shall be recoverable as arrears of land revenue.
(1) The duty imposed by the Indian Stamp Act, 1899, on any deed of transfer of immovable property shall, in the case of an immovable property situated within a development area, be increased by two per cent on the amount or value of the consideration with reference to which the duty is calculated under the said Act :
Provided that the State Government may, by notification in the Official Gazette, enhance, the aforementioned percentage of the increase in the stamp duty upto five percent.
(2) All collection resulting from the said increase shall, after deduction of incidental expenses, if any, be allocated and paid by the State Government in its discretion either to the Local Development [Pradhikaran] alone or as the case may be, in such proportion as may from time to time be determined, in such manner and in accordance with such principles as the State Government may notify in the Official Gazette.
(3)
The Local Development [Pradhikaran] shall be entitled to charge and collect, toll, for the use of approach roads and other amenities, at such rate and in such manner as may be notified by the State Government, from visitors, to such places of popular resort (including any ancient and historical monuments) within its local development area as may be so notified :
Provided that -
(a) the rate of toll per visitor, shall not exceed rupees two;
(b) the State Government may by notification, exempt any class or classes of visitors from the payment of the toll and may fix any day or days on which no toll shall be chargeable.
Any money due to Local Development [Pradhikaran] on account of any fee or charges or from disposal of land, building or any other property, movable or immovable, by way of rent, premium, profit or hire-purchase instalment, may, without, prejudice to the right of recovery by any other mode of recovery provided by or under this Chapter or any other law for the time being in force be realised, as arrears of land revenue upon a certificate of the amount due sent by the Local Development [Pradhikaran] to the Collector.
(1) The Local Development [Pradhikaran] shall furnish to the State Government such reports, returns and other informations as the Government may from time to time require.
(2) Without prejudice to the provisions of sub-section (1) the State Government or any officer authorised by the State Government in that behalf, may call reports, returns and other information from the Local Development [Pradhikaran] or the local [Pradhikaran] concerned in regard to the implementation of the master plan.
(3) Any person authorised by the State Government or the officer referred to in sub-section (2) may enter into or upon any land with or without assistants or workmen for ascertaining whether the provisions of the master plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan.
(4) No such entry shall be made except between the hours of sunrise
(1) All notices, orders and other documents required by this Chapter or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Chapter or rule or regulation, be deemed to be duly served -
(a) where the person to be served is a company, if the document is addressed to the Secretary of the Company at its registered office or at its principal office or place of business and is either -
(i) sent by registered post; or
(ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business, identifying it to the name or style under which its business is carried on and is either -
(i) sent by registered post; or
(ii) delivered at the said
Every public notice given under this Chapter shall be in writing under the signature of the Secretary to the Local Development [Pradhikaran] and shall be widely made known in the locality to be affected thereof affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a newspaper having circulation in the locality or by two or more of these means, and by any other means that the Secretary may think fit.
Where any notice, order or other document issued or made under this Chapter or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Chapter or regulation, the notice, order or other document shall specify a reasonable time for doing the same.
Nothing in this Chapter shall apply to -
(a) the carrying out of works for the maintenance, improvement or other alterations of any buildings, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
(b) the carrying out by any local [Pradhikaran] or by any department of Government of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking upon of any street or other land for that purposes;
(c) the operational construction including maintenance, development and new construction, by or on behalf of a department of the Central Government;
(d) the erection of a building not being a dwelling house, if such building is required for the purposes subservient to agriculture;
(e) the excavations includin
Notwithstanding anything contained in this Chapter the State Government may by notification in the official Gazette exempt, subject to such conditions and restrictions, if any, as may be specified in such notification, any land or building or class of lands or buildings from all or any of the provisions of this Chapter or rules or regulations made thereunder.
(1) Where any land situated in the local development area is required by the master plan or a [sectoral/zonal development plan(s)] plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if at the expiration of ten years from the date of coming into operation of the plan under Section 77 or where such land has been so required or designated by any amendment of such plan, from the date of coming into operation of such amendment, under sub-section (4) of Section 79 the land is not compulsorily acquired the owner of the land may serve on the State Government a notice requiring his interest in the land to be so acquired.
(2) If the State Government fails to acquire such land within a period of six months from the date of the notice, the master plan, or, as the case may be, the [sectoral/zonal development plan(s)] shall have effect, after the expiration of the said six months, as
(1) The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely :-
(a) the levy of fee on a memorandum of appeal under sub-section (5) of Section 81.
(b) the procedure to be followed by the Chairman in the determination of betterment charge, and the powers that it shall have for that purposes;
(c) any other matter which has to be, or may be, prescribed by rules.
(3) All rules made under this Chapter shall, as soon as may be after these are made, be laid before the State Legislature, while it is in session for a total period of not less than ten days, extending in its one session or more than one successive sessions, and shall, unless some later da
(1) The Local Development [Pradhikaran] may, with the previous approval of the State Government, may make regulations not inconsistent with this Chapter and the rules made thereunder, for the administration of the affairs of the Local Development [Pradhikaran].
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :-
(a) the summoning and holding of meetings of the Local Development [Pradhikaran], the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;
(b) the powers and duties of the Chief Town Planner, Chief Engineer, Controller of Finance, Secretary, Estate Officer and Manager Estate of the Local Development [Pradhikaran];
(c) the salaries, allowances and conditions of serv
The Local Development [Pradhikaran] may, with the previous approval of the State Government make bye-laws consistent with this Chapter and the rules made thereunder, for carrying out the purpose of this Chapter in respect of any matter affecting the general public and without prejudice to the generality of this power, such bye-laws may provide for -
(a) the form in which any application for permission under sub- section (1) of Section 81 shall be made and the particulars to be furnished in such applications;
(b) the terms and conditions referred to in Section 82 subject to which the user of lands and buildings in contravention of plans may be continued;
(c) the grant of license to architects, town planner, engineers, surveyors, draftsmen for the preparation of building plans or water supply, the drainage and sewerage plans and the fees to be paid for the grant of such licences;
(d
The Local Development [Pradhikaran] shall deposit fifty per cent of the sale proceeds of the plots, sites or developed land, sold through open auction in the State exchequer in the manner as may be prescribed.
(1) Where the State Government is satisfied that the purposes for which the Local Development [Pradhikaran] was established under this Chapter have been substantially achieved so as to render the continued existence of the Local Development [Pradhikaran] or in the opinion of State Government it has become necessary to wind up an existing Local Development [Pradhikaran], the Government may, by notification, in the Official Gazette declare that the Local Development [Pradhikaran] shall be dissolved with effect from such date as may be specified in the notification; and the Local Development [Pradhikaran] shall be deemed to be dissolved accordingly.
(2) From the said date -
(a) all properties, funds and dues which are vested in, or realisable by the Local Development [Pradhikaran] shall vest in the State Government;
(b) all nazul lands placed at the disposal of the Local Development [Pradhikaran] shall re
(1) All references by the Local Development [Pradhikaran] to the State Government under this Chapter shall be routed through the Director, Town and Country Planning, Haryana.
(2) The State Government for all intents and purposes of this Chapter shall be the Government in the Department of Town and Country Planning.
(3) Immediately after the constitution of the Local Development [Pradhikaran] all staff of Haryana [Shehri Vikas Pradhikaran] service posted in the Local Development area shall be deemed to be the staff, posted under the Local Development [Pradhikaran] under Section 71 of this Chapter.
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