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TOWN AND COUNTRY PLANNING DEPARTMENT.

IDMACHAL PRADESH - ~'--

~~.HI~/PJT/ Act & RU

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lesI2013NOl-XIXl~ '\~~9 _q~~la,Dated C<,o-~ ~~. The Deputy Commissioner,

District Chamba and Kullu,Himachal Pradesh. .

The Chief Executive Officer,~- ",Baddi-Barotiwajaan£1Nalagarh Development Authority

at Jharmajri, District Solan, H.P.The Commissioner,Municipal Corporation, Shimla and DharamshalaThe Chairman,Special Area Development Authority, Shoghi, Kufri, Hatkoti,Ghanahatti, Sarahan, Kandaghat,Barog, Chail, Jabli, Harat,Paonta Sahib, Trilokpur, Una, Baba Balak Nath Ji, Chintpurni,Ner-Chowk, Solang, Rohtang, Manikaran, Naggar, Pong Dam,Chamunda, Garli-Pragpur, Bir-Billing, Khajjiar, Bharmour, Pangi (Killar),Chamera, Reckong Peo, Kaza, Keylong, Tabo & Udaipur.The Town and Country Planner, Divisional Town Planning Office,Shimla, Solan, Nahan, Mandi, Kullu, Hamirpur and DharamshalaThe Assistant Town Planner, -

Sub-Divisional Town Planning Office, Parwanoo,Una, Chamba, Rampur and BilaspurThe Planning officer, Sundernagar, Palampur and Manali.The Executive Officer, Municipal Council, Chamba,Una, Hamirpur, Rampur, Bilaspur, Nahan, Paonta Sahib,Mandi, Solan, Nalagarh, Parwanoo and Palampur.

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7.8.

Subject:- Exemptions in Rural Areas- Clarifications thereof.

Sir/Madam,As you are already aware that certain exemptions from development permission in

Rural areas falling within Planning Areas and Special Areas of the State have been made underSection 30-A of the. Himachal Pradesh Town and Country Planning Act, 1977. The followingdevelopment activities are exempt up to the limits as prescribed in Appendix-8 of theHimachal Pradesh Town and Country Planning Rules, 2014:-

(i) Residential activities such as farm-houses and residential houses up to three storeys,cattle shed, toilet, septic tank, kitchen, store, parking shed or garage and rain shelter;

(ii) Commercial activities such as basic commercial activities like shops of generalmerchandise, cobbler, barber, tailoring, fruit, vegetable, tea or sweet, eating placesand dhabas, chemist and farm produce sale depot;

(iii) Service Industries such as cottage or house-hold, service industries like carpentry,knitting, weaving, blacksmith, goldsmith, atta-chakki with capacity up to fivehorse-power, water mill, agriculture equipments or machinery repair, electrical,

...

electronic and house-hold appliances;

(iv) Public amenities such as public amenities like panchayat offices, schools, mahilamandals, yuvak mandals, community halls, post offices, dispensaries and clinics(including health, veterinary and Indian System of Medicines) informationtechnology kiosks, Patwar khanas, guard huts, anganwaries, electricity andtelephone installations and connections, roads and paths, ropeways, water tanks,rain harvesting tanks, overhead or underground water tanks, pump houses, checkdams, temples, churches, mosques, graveyards, cemeteries, cremation grounds andother religious buildings, bathing ghats, cremation shelters, rest sheds, baths,drainage, toilets, latrines, urinals, sewerage installations, wells, tube wells, baulies,garbage disposal bins, depots and other installations;

(v) Agriculture and horticulture related activities including rain harvestingstructures, milk chilling plant, farm level godowns, seeds and fertilizer stores,farm clinics, pre-cooling units, primary processing units, green houses and polyhouses; and

(vi) Heritage related activities such as lakes, reservoirs, dams, baulies, wild lifesanctuaries, cemeteries, graveyards, railway lines.

However, it has been observed that the exemptions are being wrongly interpreted. Itis hereby again made clear which has also been held by the Hob'ble High Court of HimachalPradesh in its order dated 16.12.2011 passed in the CWPIL No. 15 of2010-B that the benefit ofabove exemptions is only available to the residents and original inhabitants of the areas,who owned the property at the time of commencement of the Act ibid and their naturalheirs only and not to the persons who purchased land in rural areas.

In view of above, you ar~requested to deal the cases strictly in accordance to thespirit of the Himachal. Pradesh Town and Country Planning Act, 1977 and Rules, 2014 andensure that no misuse ofthese exemptions takes place. These provisions must be explained to thegeneral public, representatives of Panchayati Raj Institutions as well as to the service providingagencies by conducting public awareness meetings from time to time, please.

Yours faith~ .

io\~I"(San deep Kumar)

Director,Town and Country Planning Department,Himachal Pradesh, Shimla-171 009.

Phone No.0177cf622494

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APPENDIX 8(Seefrn:les'1~~..1.4and18)

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REGULA'F,IONS OF E,RES. EXEMPTED UNDER SEAND COUNTRY PR'

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i~~CIMIff~t¥~R DEVELOPMENT ACTIVITIESI:;~'~:(:)F'~~ 'HIMACHAL PRADESH TOWNl197l7t(ltCtNO.12OF 1977)

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, ~,= ; 600.00 M2

, ,,,,"JNds +:1 Parking floor wherever feasibleo,~_'maXinnul1lfloorarea of 600.00 M2 distributed over not

= 100.00M2= 2 Nos.= 3.00 M

For loading. un-loading and parking purpose suitablecommunity parking space has to be arranged by theShop owners.

Note:- The applicant may have a maximum floor area of 100.00 M2 distributed..more than two storeys. ' 1!1

(i) Ma,~gium~f1~dr!;area'

(ii) Ma~im~1rufubet2ofstoreys(iii) Mininiunracc,ess(iv) Parkirlg' -

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4. Public Amenities

~ 101 tk...

"&'!3. ServiceIndustries '"~'"

(i)'IMaxifn>"'"(ii) N~b~(iii) Mimffiu

(iv) Parking!!

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lose~ '~IDfifbre ~"~'~

~t'm~~e11stltea~l>Y £"IW '1\

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(v) Play fields in case ofEducational buildings.

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As~er;reqtiirem~ni()'fl$~~particular .atfienity~

3 Nos.3.00M

@ 0.50 to 1.50e~uivalent carspace per 100M of floor area.

0.20 Hectare to 1.60 Hectare isdesirable, however, as peravailability of land.

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(i) Maximum floor area - ~:

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(ii) Maximum Number of stqreys =(Hi)Minimumaccess =(iv) Parking =

Other Imperatives(i) Structuralsafetyand seismicproofmgincludingsoilinvestigationshouldbe ensured:(ii)Atticandbasementshallbe countedas a storey.

" (iii)Sloping roof shall have to be ensured in hilly areas.'(iv)No construction shall be raised within a distance of 5.00 M from the centre of the roads

in respect of all other village roads.

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(v) No construction shall be raised within the controlled width of major Disy1£}i~'(Vi)Minimum front Set Back of3.00M from the controlled width of NationaI

State Highways and Scheduled Roads under the Himach~ 'pradeshi'RmControl Aqt, 1968shall be kept.

(vii) Minimum Set Back of 2.00 M in front and 1.50 M in sid~,s'~~q!;t.r~rBs~~;$, the adjoiningproperty,Governmentland and 5.00M from Forest1!ll1'1. 1

. be maintained. '.'

(viii)Adequate distance from the electric lines as per the requirement of Himad~State Electricity Board Limited (HPSEB Ltd) Rules shall have to be mamtaiNo Objection Certificate (NOC) of the competent authorityshalhalso bere~,HT/LT lineiscrossingthroughtheScheme. . , .~

(ix) Hill side cutting may be done upto 3.50,M height. "(x) Provision of Rain Water Harvesting structure @ 20 Liters per M2 of roof area

be made. .

(xi) Septic Tank and SoakPit should be constructed.(xii) Preference shall be given.for Solar Passive Building Design..(xiii)Locational attributes, aesthetics, local building material, ~h@ritag~andenvird:

aspects should also be taken into account.

6. Remarks :

,J

(i) The benefit of above exemptions shall only be available to the residents and or'inhabitants of the areas;,who owned the property at the time of cpmmencement;Act and their naturalheirs only and not to the personswho,purchasedland in ,

areas. '.

(ii) Any person intending to 'carry out development activities exempted ll!1der,septip;A of the HimachalPradesh Town and CountryPlanningApt,'1977(ActNo .

1977) shall give information' on simple paper alongwith a copy of original jarand originaltatima to the concerned Panchayat before carrying out deveactivities. The concerned Panchayat after verifying the doctp1ents,' shallObjection Certificate (NOC) to the applicant under section 83-A of thePradesh Town and Country Planning Act"1977 (Act No. 12 of 1977) for observice connections.

(iii) In case of any constraints as per the site conditions in maintaiping set backsother Regulations, the concerned Officer vested with the powers of the Dire,relax the same.

,APPENDIX 9(See rules Band 14)

REGULATIONSFOR INSTALLATION,oFCOMMUNICATIONTO,'

L DeimitionCommunicationTower-shall includeAntenna,fabricatedAn~~p.njerectedon groundto installthe telephoneJI4?esjnclll,dilig!trAP .includethe Antennasinstalledfor domestic)purpose;'i~.;t?l¥~Antennasor CableAntennas..