Haryana discards first come first serve policy, starts auction for Group Housing and Commercial Colonies licenses

September 28, 2017 10:39 PM

Punjab News Express/ SK.Vyas
CHANDIGARH: Haryana Government has decided to discard the first come first serve policy and instead use auction as the only mode for grant of licenses for group housing and commercial colonies and also to restrict the grant of such licenses only in those areas for which final Development Plan stands published.

In this matter, the  State Cabinet held under the Chairmanship of Chief Minister,  Manohar Lal here yesterday took following decisions.

The Department of Town and Country Planning has been granting the licences for developing commercial colonies and residential group housing colonies respectively in 3.5 percent and 20 percent of the net planned area of every residential sector under the Haryana Development and Regulation of Urban Areas Act, 1975 and Rules thereof on “First Come First Serve” basis.

This practice of granting license was found to be not fair and transparent by Hon Punjab and Haryana High Court as reflected in the judgment in case of CWP No.21942 of 2013 titled Pawan Bhatia and Others. Although the Hon’ble Supreme Court of India stayed the order of Hon’ble High Court, the State Government approved a policy with transparent policy guidelines. In this policy, the date of publication of Final Development Plan shall be the effective date for acceptance and consideration of license applications. All the 140  pending applications for group housing colonies in Gurugram, Sohna, Faridabad, Sonepat, Panipat, Pinjore and Panchkula and 68 pending applications for commercial colonies in Gurugram and Panchkula shall be returned along with scrutiny fee and all other fees deposited with these applications including scrutiny fees.

The procedure will be transparent wherein the total available area will be indicated/hosted on the website of the Department and the opening window of two months for receipt of applications. will be made available to the applicants. The Department will examine these applications and prepare a list of eligible applications.   Since the eligible applications will be fulfilling the minimum area norms and may have applied for a grant of license for an area under their ownership which may be more than the minimum area norms, therefore, the department will work out the fee and charges on per acre basis. The fee and charges will include scrutiny fee, license fee, conversion charge, infrastructure development charges and complete external development charges.

The department through online will inform all the eligible applicants about the applicable fees and charges on per acreage basis as a "Location Premium" for the group housing colony and commercial colony and invite the applicants to quote their rates over and above the applicable fees and charges on per acreage basis, for obtaining licence of either group housing or commercial colony. The applicant who will quote the highest rate over and above the applicable fees and charges on per acreage basis will have the first right to get the allocation of the license of the net planned area to the extent the area has been applied for a grant of a license to the applicant. The subsequent applicants will be allotted license of the net planned area as per the quote of the rate next to the highest rate over and above the fee and charges on per acreage basis, till the availability of net planned area as per norms of the colony that is Group Housing Colony and Commercial colony.

If after allocation of the net planned area to all the applicants, still, the net planned area is available for either for group housing or commercial colony, then the same procedure for inviting the applications will be followed in which the applications which were in the first round have been returned or rejected may also be eligible to apply and this procedure will be followed till the entire available net planned area is exhausted.

Letter of Intents will be issued to all the successful applicants to comply with terms and conditions within sixty days. Thereafter, after compliance with terms and conditions, licenses will be issued as per the existing terms and conditions of the Act and Rules.

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