BPTP The Resort
 
Era Haywood Colonnade
 
Ispace Bizpark - Crown Plaza
 
RPS Savana Galleria

C.L.U

 
Green Valley
 
Mahindra Chloris
 
Era Haywood Colonnade
Triveni Galaxy

Grant of Change of Land Use Permission.

The department grants change of land use permission for residential/ industrial/commercial/institutional/farm house/recreational use under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and its Rules, 1965.

The applicant desiring to seek permission for change of land use for residential/ industrial/ commercial/ institutional/ farm house/ recreational use is required to submit his application on prescribed form CLU-I to Director, as provide under rule 26-A along with following:-

1. Scrutiny fee @ Rs. 10/- per sq. meters for any type of use. 
2. Copy of deeds showing the title of the applicant 
3. A survey plan of the land on a scale of 1 to 40 feet showing the existing means of access to the       said land for the nearest public road and building and their nature falling within 100 yards of the said land. 
4. Shajra Plan. 
5. Land Utilization Plan. 
6. Potability of water certificate from recognized water-testing laboratory (for farmhouse). 
7. Project report 
8. SSI certificate/registration certificate with Industries Deptt (for Industries) 
9. Deputy Commissioner’s recommendation certificate (for petrol pump and institutional applications)

As provided under rule 26-B, no application under rule-26-A shall be considered to be valid until a plan and a copy of deed required by rule 26-A has been furnished to the satisfaction of the Director. In case of failure of such compliance, the application together with the plan and copy of deed shall be return to the applicant for resubmission in accordance with these rules.

As provided under rule 26-C (1) if, after scrutiny of the plan and other necessary enquiry, which the Director may deem fit, he is satisfied that the application is fit for the grant of permission, he shall before granting permission, call upon the applicant to full fill the conditions laid down in rule-D within a period of thirty days from the date of notice given to him under a registered cover.
 
If the applicant fails to fulfill these conditions within the period specified in sub-rule (1), the permission shall be refused.
 
As provided under rule-26-E (1), if the applicant has fulfilled all the conditions laid down in rule 26-D to the satisfaction of the Director, the Director shall grant the permission.
 
As provided under rule 26-F, the permission granted under rule-26-E shall remain valid for a period of two years from the date of order during which period all works for putting the said land to the permitted use shall be completed; provided that the permission may be renewed up to a further period of one year if the Director is satisfied that the delay in execution of works was for reasons beyond the control of the applicant.

Flow of application: -

The applicant submits the CLU application form in the field office alongwith the required scrutiny fee (Rs 10 per sq. mtr for uses other than recreational /industrial use & Rs 10 per sq. mtr for industrial /recreational use). After examination of the case, field office forwards the CLU application alongwith report to circle office, which ultimately sent to the Directorate.

Policies: -

1. Change of Land Use applications are considered/approved as per the provisions of zoning regulations. However, Government can relax the zoning regulations as per the provisions of Section 7(A) of Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, which is reproduced below: -
[7A. Power of relaxation. – The Government may, in public interest, relax any restrictions or conditions in so far as they relate to land use prescribed in the controlled area in exceptional circumstances.] 

2. The change of land use application are considered in conformity with the zoning regulations and disposed off at the level of Director, Town & Country Planning, where the development plans are published. However, where the development plans are not published decision on the CLU application is taken at the level of the Government. It is pertinent to mention here that the grant of change of land use permission of petrol-pumps are referred to the Government for approval.

3. Government has taken a decision for not allowing the industrial units in the agriculture zone of Hyper/High Potential Zone. However, the SSI-units upto 2 acres are allowed in agriculture zone of High Potential Zone falling in Industrially Backward Block.

4. In Medium Potential Zone industries are allowed on roads other than Scheduled Road and National Highway, which are non polluting/RIS/SSI upto 2 acres. The NOC from Pollution Control Board is required for the industries to be located in Agriculture Zone. The industries registration certificate is also required. Minimum 30 feet wide rasta is required for locating the industries in Agriculture Zone.

5. The Government has approved a policy for Mega tourism and recreational projects in the controlled areas with the following parameters: -

i) The minimum area of the project will be 300 acres. 

ii) The residential component in the project will be upto 20% and the commercial component will be 10% of the project area. 

iii) The fee and charges for residential and commercial component will be payable as per the prescribed rates.

6. No commercial Change of Land Use permissions for small commercial activities for Departmental Store, Cyber Café, Banquet Hall etc.

7. For setting up of institutional activity and petrol-pump the applicant needs to genuineness certificate from the concerned Deputy Commissioner. 9. The minimum area norm for considering the building plans and the completion of the project of the industrial building is as below: -

i.  Upto 1 acre = 25% of Permissible Covered Area 
ii. Above 1 acre upto 5 acre = 20% of Permissible Covered Area 
iii. Above 5 acres & upto 10 acres = 15% of Permissible Covered Area 
iv. Above 10 acres = 10% of Permissible Covered Area

8. The Dhaba is allowed along National Highway in Agriculture Zone with minimum area of 2000 sq. mtrs. alongwith FAR of 40% and ground coverage also as 40%. The height is restricted upto 17 feet and the parking facility is 1 PCU for 50 sq. mtrs. covered area. The charges for grant of Change of Land Use permission are as applicable to commercial. The access permission is required from NHAI, however, if the said site is located along the service road then NOC for access permission is not required.

9. Small Motel/Restaurant are allowed in Agriculture Zone along National Highway from 1 acre to 3 acre with FAR on 100%. However, Government has recently approved the policy for the following activities: -

Permissible Zone

Agriculture Zone along National Highway with provision of Service Road and Scheduled Roads

Area

I) Restaurant: minimum 2000 sq. mtrs. and maximum 1 acre. II) Motel without banquet facilities: minimum 1 acre and maximum 3 acres. III)Motel with banquet facilities: minimum 2.5 acres and maximum 5 acres. IV) 5-star hotel minimum area: 4 acres and maximum 15 acres. V) Resort: minimum 4 acres and maximum 10 acres. VI) Amusement Park/Theme Park: minimum 2.5 acres maximum 10 acres with FAR of 50%.

Commercial component

15%

Ground coverage Maximum

30%

FAR

150% for the activity mentioned at Sr. No.(i) to (v) whereas the FAR for Amusement Park will be 50%. It is pertinent to mention here that department grants 150% to 175% FAR for the commercial use in the Urbanizable Zone.

Access permission

The access permission is required from NHAI if the site is located on National Highway, whereas if the site is located on scheduled road then the permission is required from XEN, PWD B & R.

Scrutiny fee

Rs.10/- sq. mtrs.

Conversion charges

Commercial charges for the activity mentioned at Sr.No.(i) to (v) and Recreational charges for activity mentioned at (vi). However, the commercial component of Amusement Park will be charged at commercial rates.

10. The Mobile Towers are allowed in all the zones except public utility. However, cellular Operators are advised to avoid residential area. Every cellular Operator has to submit structural stability certificate from reputed institute, regarding steel structure and foundation. Maximum height of the tower from the ground level is not allowed above 60-metre and the applicant needs to submit clearance from Statutory Advisory Committee for Frequency Allocation (SACFA), Ministry of Communication and Information Technology, Government of India. The companies need to submit indemnity bond indemnifying DTCP against any loss of life/property in the event of mishap. The permission for setting up of communication tower is co-terminus with the period of lease agreement.

11. The independent petrol-pumps along National Highway require minimum area 2500 sq. mtrs. and maximum area should not be more than 3000 sq. mtrs. The petrol-pumps with facilities like repairs/service shop, ATM should be minimum area 1 acre and maximum area 1.5 acre. The minimum area required for petrol-pump alongwith scheduled roads and other roads is 1000 sq. mtrs. and maximum area is 2500 sq. mtrs. For petrol-pumps on scheduled roads and other roads with facilities like repairs, ATM and small eating place, minimum area is 3000 sq. mtrs. and maximum area is 1 acre. For sitting parameters on National Highway, NHAI is enforcing agencies and access permission in this regard is taken from NHAI. For sitting the petrol-pump on all roads other than National Highway, IRC: 12—1983 is followed.

12. For giving Change of Land Use permission for residential use in residential sector following points are considered: -
i. The site should be an isolated/residual pocket which otherwise cannot be beneficially used by HUDA independently upon its acquisition. 
ii. The site should be adjustable in the approved layout plan of the licensed colony to ensure it integration. 
iii. The maximum area to be considered for CLU permission for a residential house not to exceed 1000 sq. yds. Thus is equivalent of maximum two kanal plots being planned in licensed colonies as well as urban estates. However, if the site beyond two kanal is still unusual then the area to be considered for CLU will be decided on merits. 
iv. In case the services have been laid by the colonizer and are functional, then the colonizer will be bound to give these services to the site being considered for grant of permission. In case the services are not laid in the surrounding areas, then the owner shall make arrangement as prescribed in the rules, however, this arrangement can continue only till the time the services becomes functional in the area. 
v. The site should not be part of colony where action has been initiated by the field office as per the provision of Act No.8 of 1975. 
vi. The minimum approach to the site should be through the roads planned for the licensed colonies. In cases where such approach is not available, the width of the access should be minimum 30 ft. wide.

13. Solar Water Heating System is made compulsory in :
i. Institutional building (including schools having hostels). 
ii. Dispensary, Health Centre, Hospitals, Nursing Homes sites. 
iii. Hotel, Motels & Restaurants. 
iv. Banquet Halls and Marriage Places. 
v. Club and Community Centre. 
vi. Old Age Homes.
No conversion charges are levied on the Renewal Energy Project located in Agriculture Zone of the Controlled Area.

14. Farmhouses and IT units are allowed in conforming zones and as per policy mentioned in the Zoning Regulations of the Development Plan.

17. Composition fee of Rs.2,00,000/- is levied on the applicant, who has running petrol-pump unauthorisedly .

18. 50% conversion charges are levied on the Food Processing units located in Industrially Backward.

A Statement of the Categories of documents that are held by it or under its control

(a) Act / Rules notified in the official gazette, 
(b) Development plan and its write up notified in the official gazette; 
(c) Various controlled areas notified by the State Govt.; 
(d) Urban Areas notified under section 7 (a) of the Act No. 8 of 1975; 
(e) Licences granted udder Act No. 8 of 1975; 
(f) Layout plan/ zoning plan of the licenced areas; 
(g) CLU cases permitted under Act No. 41 of 1963; 
(h) Zoning plans approved for the CLU cases;

The particulars of any arrangement that exists for consultation with or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;


All amendments in the Act/Rules and all the development plans notified by the department are first notified in the draft form for inviting objections / suggestions of the general public. Only after the objections / suggestions are considered then a final notification is published.

A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice and as to whether meetings of those boards, councils, committees and bodies are open to the public, or the minutes of such meetings are accessible for public;

(a)
 State Level Committee for the publication of development plans, 
(b) District Level Committee for the publication of development plans – two members are from general public who participate in the discussion on development plan, 
(c) Monitoring cell for monitoring the cases of un-authorized construction, 
(d) Building plan approval Committee under the Chairmanship of Chief Town Planner, Haryana; 
(e) District Level Committee under the Chairmanship of District Town Planner, a committee under the Chairmanship of Senior Town Planner, for building between 2 to 5 acres, 
(f) Empowered Committee Garden Estate Colony, Gurgaon.

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