Independent floors: 4 builders get notice, more to follow
The DTCP issued an order to all senior town planners, district town planners (DTP) and DTP (enforcement) regarding registration of independent floors made by licensed builders prior to 2009 when there was a ban on constructing independent floors
Dec 08, 2014
Source : The Times of India

 

GURGAON: Following an order from the department of town and country planning (DTCP), the district town planner (enforcement), Sanjeeev Mann, said he has issued notices to four builders - Unitech (South City-2), Ardee Infrastructure Limited, Sheetal International and developers of Malibu Towne. "I am preparing a list of other colonies and licensed areas where such violations took place," he said.

On Tuesday, in a move against erring builders across the state, the DTCP issued an order to all senior town planners, district town planners (DTP) and DTP (enforcement) regarding registration of independent floors made by licensed builders prior to 2009 when there was a ban on constructing independent floors. The DTPs have been asked to take account of how many such structures exist and initiate immediate action against such builders who indulged in such construction before 2009.

According to the order (a copy of which is with TOI), it has been clearly held that sub-division and sale of independent floors prior to September 2009 was an illegal activity according to the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975.

However, when the government later did away with this norm in 2009, it issued an order citing that a composition fee of Rs 250 per sq foot be levied for area covered on all floors upon the violator (licensee/ builder/ individual) who had executed conveyance deed in favour of allottee prior to 2009.

Mann, DTP (enforcement) for Gurgaon district, said that non-payment of composition fees has invited proceedings as the large number of defaults have resulted in loss of revenue to the state exchequer.

He said FIRs would be filed against the developers who fail to respond to the notice. "Many builders were issued notices for in 2012 for violation on this account by registration of independent floors on residential plots in the licensed colony prior to the policy in 2009. The sale of independent floors before the policy is in violation of Rule 48(2) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, and the terms and conditions of the licence granted under the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975," Mann said.

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