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Amendments in Town and Country Planning Act soon

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Hem Lata Verma

Posted: Dec 06, 2008 at 2256 hrs IST

Shimla In a significant amendment to the Town and Country Planning (TCP) Act, the government has proposed to wind up all Special Area Development Authorities (SADA). The government has also decided to entrust the task of implementation of rules related to town planning to Panchayati Raj Institutions and urban local bodies. The state has decided to set up a fresh State Town and Country Development Authority too.

In order to implement vital provisions of spatial plans prepared by TCP Department, the existing 34 Special Areas and 20 Planning Areas, the Himachal Urban Development Authority (HIMUDA) will be upgraded as State Town and Country Development Authority, under the Act.

The HIMUDA Act, that is confined to setting up of housing colonies only, will be repealed. With the recent development of remunerative and commercial infrastructure in rural areas due to cement and hydro power industries, and private education institutions, the rural areas have also been taken into the gambit of the Act.

State Town Planner AR Sankhyan confirmed these decisions.

Earlier, during deliberations on the amendments, it was observed that the Special Area Development Authorities were not able to perform well their jobs of planning and development, management and proper administration of Special Areas. Hence, it was felt that there was no logic in continuing with the Special Area Development Authorities, said a senior official.

Officials add that 90 per cent people in rural areas will not be affected by the amendment, as activities like building a house and cowshed up to a prescribed specification (rules to be framed later) will be allowed without the need to seek permission.

Beyond the prescribed specifications, all such construction shall have to be regulated by the Panchayati Raj Institutions. The permission will be given keeping in view local attributes, aesthetics, building material, heritage and environmental considerations.

With the new amendment, planning will be under the purview of the Town and Country Planning Department. For the purpose of monitoring, a dedicated cell is likely to be created in the department.

Another proposals to be incorporated in the Act is that application for certification of design shall be made when construction is at plinth level. No provision for deviation or compounding shall be envisaged in the amendment. Officials say this is because the provision for compounding has led to gross violations in the past. It was seen that people deliberately indulged in violations, believing that the violations would be compounded subsequently.

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