Chapter IX CONSTITUTION OF LOCAL DEVELOPMENT AUTHORITIES

In this Chapter, unless the context otherwise requires,-

1. (a) "Estate Officer" means the Estate Officer of the Local Development Authority appointed by the Government ;
2. (b) "local development area" means the area declared as such under sub-section

1. (1) of section 62 ;
   • (c) "Local Development Authority" means the Local Development Authority constituted under sub-section
2. (3) of section 62 ;
   • (d) "master plan" means a plan including a development plan approved by the Government under this Act or under any other Act in force in the State of Haryana ;
   • (e) "Secretary" means the Secretary of the Local Development Authority ;
   • (f) "Vice-Chairman" means the Vice-Chairman of the Local Development Authority who shall also be the Chief Administrator thereto.

1. (1) If in the opinion of the State Government any area within the State requires integrated planned development, it may, by notification, declare such area to be local development area and such area shall include the area within a town or local authority including a municipal committee or Faridabad Complex Administration, the controlled area declared under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Act 41 of 1963) and the Faridabad Complex Administration Act, 1971 (Act 42 of 1971), or any other area which in the opinion of the State Government is likely to be developed.
2. (2) The State Government may, by notification in the Official Gazette, constitute for the purposes of this Act an Authority to be called Local Development Authority for any development area declared under sub-section (1).
3. (3) The Local Development Authority shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, movable and immovable and to contract and shall by the said name sue and be sued.

1. (1) The Local Development Authority in respect of any local development area declared for development under sub-section
2. (1) of section 62 shall consist of the following members :-
   • (a) Chairman of the Haryana Urban Development Authority shall be the Chairman of Local Development Authority;
   • (b) A whole-time Vice-chairman not below the rank of Commissioner, to be appointed by the Government ;
   • (c) The Secretary to the Government, Haryana, in the Town and Country Planning Department, ex-officio;
   • (d) The Secretary to the Government, Haryana, in the Local Government Department, ex-officio ;
   • (e) The Secretary to the Government, Haryana, in the Finance Department, ex-officio ;
   • (f) The Director, Town and Country Planning Department, Haryana, ex-officio;
   • (g) The Chief Administrator, Haryana Urban Development Authority, ex-officio;
   • (h) Chairman of the Haryana State Electricity Board or his nominee;
     • (i) Deputy Commissioner of the district in which the local development area is situated ;
   • (j) Chief Executive Officer of the municipal committee and in the case of Faridabad Complex Administration, Chief Administrator, ex-officio ;
   • (k) Not more than thee other members, one of them having experience in engineering, town planning or architecture, as may be nominated by the Government.
3. (2) A member referred to in clause (c), clause (d), clause (e), of sub-section
4. (1) may instead of attending a meeting of the Local Development Authority, himself, depute an officer, not below the rank of Deputy Secretary in the department, and not below the rank of Chief Town Planner and Administrator, Haryana Urban Development Authority, in case of a member referred to in clause
   • (f) and clause (g), respectively.

Term of office and conditions of service of members

1. (1) The term of office and conditions of service of the members shall be such as may be prescribed.
2. (2) The Vice-Chairman shall be entitled to receive from the fund of the Local Development Authority such salary and allowances, as may be prescribed.
3. (3) A member may be paid from the fund of the Local Development Authority such allowances, if any, as may be prescribed.
4. (5) A nominated member may resign his office by giving notice in writing to the Government and, on such resignation being accepted by the Government, he shall cease to be a member.

The Government may remove from office any member,—

1. (i) who, without sufficient excuse in the opinion of the Government has absented himself for more than four consecutive meetings of the Local Development Authority ;
2. (ii) who has, in the opinion of the Government so abused his position as a member as to render his continuance on the Local Development Authority detrimental to its interest.

Upon occurrence of any vacancy in the office of a member, another member shall be appointed.

1. (1) The local Development Authority shall meet at such times and places and subject to the provisions of sub-sections
2. (2) and (3), observe such rules of procedure in regard to the transaction of its business at such meeting, as may be provided by regulations.
3. (2) At every meeting of the Local Development Authority, the Chairman, if present, or in his absence, the Vice-chairman and if there be no Chairman or Vice-chairman present, then any one of its members, whom the members present may elect, shall preside.
4. (3) All questions at a meeting of the Local Development Authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the member presiding shall have a second or casting vote.
5. (4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for the purpose, which shall be signed at the next ensuing meeting by the member presiding at such meeting and shall be open to inspection by any member during office hours.
6. (5) For the transaction of business at a meeting of the Local Development Authority, the quorum shall be one-third of the number of members actually serving for the time being but shall not, in any case, be less than four.

Subject to any rules made in this behalf, the Local Development Authority may, from time to time, appoint one or more committees for the purpose of securing the efficient discharge of the functions of the Local Development Authority and in particular for the purpose of ensuring the efficient maintenance of public amenities and development projects.

1. (1) The Local Development Authority or committee appointed under section 68 may associate with itself in such manner and for such purposes, as may be prescribed, any person whose assistance or advice it may require in performing any of its functions under this Chapter.
2. (2) Any person associated under sub-section
3. (1) for any purpose shall have the right to take part in the discussion of the Local Development Authority relevant to that purpose but shall not have a right to vote at a meeting.

No act done or proceedings taken under this Chapter shall be questioned on the ground merely of—

1. (i) the existence of any vacancy in, or any defect in the constitution of the Local Development Authority;
2. (ii) any person, associated under section 69 having voted in contravention of the provisions of this Chapter in this behalf;
3. (iii) the failure to serve a notice on any person where no substantial injustice has resulted from such failure;
4. (iv) any omission, defect or irregularity not affecting the merits of the case.

1. (1) The State Government may appoint six suitable officers respectively as the Chief Town Planner, Chief Engineer, Controller of Finance, Secretary, Estate Officer and Manager Estate of the Local Development Authority from Haryana Urban Development Authority or concerned department of State Government, who shall exercise such powers and perform such duties, as may be prescribed by regulations or delegated to them by Local Development Authority or its Vice-Chairman.
2. (2) Subject to such control and restrictions, as may be prescribed, the Local Development Authority may appoint from the cadre of the employees of the Haryana Urban Development Authority or on deputation from the departments of the State Government such number of officers and other employees including experts for technical and legal work, as may be necessary for the efficient performance of its functions and may determine their designations and grades.
3. (3) The officers and other employees of the Local Development Authority shall be entitled to receive from the fund of the Local Development Authority such salaries and allowances, as may be determined by regulations made in this behalf.
4. (4) The exercise of any powers or discharge of any duties or functions by any officer or other employee shall be subject to such restrictions, conditions and limitations, if any, as may be laid down by the Local Development Authority and shall also be subject to its control and supervision.
5. (5) The Local Development Authority shall not have any cadre of its own employees and the employees of the Local Development Authority shall belong to a cadre of Haryana Urban Development Authority.
6. (6) No person who has, directly or indirectly, by himself or through his partner or agent, any share or interest in any contract by or on behalf of the Local Development Authority, or any employment under, by or on behalf of the Local Development Authority otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Local Development Authority.
7. (7) It shall be lawful for the State Government or any officer authorized by it in this behalf to transfer any person holding any post in Haryana Urban Development Authority Service from one Local Development Authority to another.

The objects of the Local Development Authority shall be to promote and secure the development of all or any of the areas Comprised in a local development area according to plan, for that purpose the Local Development Authority shall have the power to acquire by way of purchase, transfer, exchange or gift, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by itself or through any agency on its behalf, building, engineering, mining and other operations, to execute works in connection with supply of water, disposal of sewerage, control of pollution and any other service and amenities and generally to do anything, with the prior approval, or on direction of the State Government, for carrying out of the purpose of this Act : Provided that save as provided in this Chapter nothing contained in this Chapter shall be construed as authorizing the disregard by the Local Development Authority of any law for the time being in force.

1. (1) The Local Development Authority shall, as soon as may be, prepare a master plan for the local development area.
2. (2) The master plan shall—
   • (a) define the various sectors into which the local development area maybe divided for the purposes of development and indicate the manner in which the land in each sector is proposed to be used (whether by the carrying out thereon of development or otherwise) the stage by which any such development shall be carried out ; and
   • (b) serve as a basic pattern of line work within which the sector development plans of the various sectors may be prepared.
3. (3) The master plan may provide for any other matter which may be necessary for the proper development of the local development area.

1. (1) Simultaneously, with the preparation of the master plan or as soon as may be thereafter, the Local Development Authority shall proceed with the preparation of a sector development plan for each of the sectors into which the local development area may be divided.
2. (2) A sector development plan may—
   • (a) contain a site plan and use plan for the development of the sector and show the approximate locations and extents of land use proposed in the sector for such things as public building and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses ;
   • (b) specify the standards of population density and building density ;
   • (c) show every area in the sector which may, in the opinion of the Local Development Authority, be required to be declared for development or re-development ; and
   • (d) in particular, contain provisions regarding all or any of the following matters, namely :—
     • (i) the division of any site into plots for the erection of building ;
     • (ii) the allotment or reservation of land for roads, open space, gardens, recreation-grounds, schools, markets and other public purposes ;
     • (iii) the development of any area and the restrictions and conditions subject to which such development may be undertaken or carried out ;
     • (iv) the erection of building on any site and the restrictions and conditions in regard to the open space to be maintained in or around buildings and height and character of buildings ;
     • (v) the alignment of buildings of any site ;
     • (vi) the architectural features of the elevation or frontage of any building to be re-erected on any site ;
     • (vii) the number of residential buildings which may be erected on plot or site ;
     • (viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided ;
     • (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality ;
     • (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained ;
     • (xi) the restrictions regarding the use of any site for purposes other than erection of buildings ;
     • (xii) any other matter which is necessary for the proper development of the sector or any area thereof according to plan and for preventing buildings being erected haphazardly in such sector or area.

1. (1) In this section and in sections 76, 77, 80 and 82 the word "plan" means the master plan as well as the sector development plan for a sector.
2. (2) Every plan shall, as soon as may be, after its preparation be submitted by the Local Development Authority to the State Government in the Town and Country Planning Department for approval and the Government may either approve the plan without modification or with such modifications as it may consider necessary or reject the plan with directions to the Local Development Authority to prepare a fresh plan according to such directions.

1. (1) Before preparing any plan finally and submitting it to the State Government for approval, the Local Development Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by regulations made in that behalf inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice.
2. (2) The Local Development Authority shall also give reasonable opportunity to every local authority within whose local limits the land touched by the plan is situated, to make any representation with respect to the plan.
3. (3) After considering all objections, suggestions and representations that may have been received by the Local Development Authority, the Local Development Authority shall finally prepare the plan and submit it to the State Government for its approval.
4. (4) Subject to the foregoing provisions of this section the State Government may direct the Local Development Authority to furnish, such information as the Government may require for the purpose of approving any plan submitted to it under this section.

Immediately after a plan has been approved by the State Government, the authority shall publish in such manner as the State Government may specify, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours, and upon the date of first publication of the aforesaid notice the plan shall come into operation.

1. (1) Where in any local development area, any building occupied wholly for residential purpose or partly for residential and partly for non-residential purposes abuts an arterial road, the occupier of such building shall be bound to repair, white-wash, colour-wash or paint the facade of such building at his own cost in accordance with any bye-laws made in that behalf.
2. (2) Where the Local Development Authority, with a view to ensuring symmetry with any scheme or other specification made in that behalf consider it necessary or expedient so to do, or where any occupier fails to repair, white-wash, colour-wash or paint the facade of any building in accordance with sub-section (1), it may by order require that the said work shall be carried out by the Local Development Authority itself or under its direction and may accordingly, also require the occupier to pay the cost of such work to the Local Development Authority.
3. (3) The cost of any work referred to in sub-section
4. (2) shall be calculated on a 'no profit', 'no loss' basis, and in case of any dispute about the reasonableness of the amount required to be deposited, the same shall be decided by the State Government and subject thereto the order of the Local Development Authority shall be final and shall not be called in question in any Court.
5. (4) In case of non-payment by an occupier of the whole or part of the cost of any work referred to in sub-section (2), it shall, on the certificate of the Vice-chairman, be recoverable from the occupier as arrears of land revenue. Explanation.—In this section—
   • (a) the expression 'arterial road' shall have the meaning assigned to it in the bye-laws ;
   • (b) the expression 'occupier', in relation to a building, means the person in actual occupation or use of the building, and includes—
     • (i) the owner (which expression shall include an agent or trustee or a receiver, sequestrator or manager appointed by a court, or a mortgagee with possession of the building) in occupation ;
     • (ii) the tenant who for the time being is paying or is liable to pay rent in respect thereof to the owner ;
     • (iii) the rent-free guarantee or licensee thereof;
     • (iv) the person who is liable to pay to the owner damages for authorized use and occupation thereof.

1. (1) The Local Development Authority may make any amendment in the master plan or the sector development plan as it thinks fit, which may in its opinion do not effect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of population density.
2. (2) The State Government may make amendments in the master plan or the sector development plan whether such amendments are of the nature specified in sub-section
3. (1) or otherwise.
4. (3) Before making any amendments in the plan, the Local Development Authority, or as the case may be, the State Government shall publish a notice in at least one newspaper having circulation in the local development area inviting objections and suggestions from any person with respect to the proposed amendment before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Local Development Authority or the State Government.
5. (4) Every amendment made under this section shall be published in such manner as the Local Development Authority or the State Government, as the case may be, may specify and the amendments shall come into operation either on the date of the first publication or on such other date as the Local Development Authority or the State Government as the case may be, may fix.
6. (5) When the Local Development Authority makes any amendments in the plan under sub-section
7. (1) it shall report to the State Government the full particulars of such amendments within thirty days of the date on which such amendments come into operation.
8. (6) If any question arises whether the amendments proposed to be made by the Local Development Authority are amendments which affect important alterations in the character of the plan or whether they relate to the extent of land uses or the standards of population density, it shall be referred to the State Government whose decisions thereon shall be final.
9. (7) Any reference to the master plan or the sector development plan shall be construed as a reference to the master plan or the sector development plan as amended under this section.

1. (1) After the declaration of any area as local development area under subsection
2. (1) of section 62, no development of land shall be undertaken or carried out or continued in that area by any person or body (including a department of Government) unless permission for such development has been obtained in writing from the Vice-Chairman in accordance with the provisions of this Chapter.
3. (2) After the coming into operation of any of the plans in any local development area no development shall be undertaken or carried out or continued in that area unless such development is in accordance with such plans.
4. (3) Notwithstanding anything contained in sub-sections
5. (1) and (2), the following provisions shall apply in relation to development of land by any department of any State Government or the Central Government or any local authority,—
   • (a) when any such department or local authority intends to carry out any development of land it shall inform the Vice-chairman in writing of its intention to do so, giving full particulars thereof including any plans and documents, at least 30 days before undertaking such development ;
   • (b) in the case of a department of any State Government or the Central Government, if the Vice-Chairman has no objection he should inform such department of the same within three weeks from the date of receipt by it under clause
   • (a) of the department's intention, and if the Vice-Chairman does not make any objection within the said period the department shall be free to carry out the proposed development ;
   • (c) where the Vice-Chairman raises any objection to the proposed development on the ground that the development is not in conformity with any master plan or sector development plan prepared or intended to be prepared by it, or on any other ground, such department or the local authority, as the case may be, shall—
     • (i) either make necessary modifications in the proposal for development to meet the objection raised by the Vice-Chairman; or
     • (ii) submit the proposals for development together with the objections raised by the Vice-Chairman to the State Government for decision under clause (d);
   • (d) the State Government, on receipt of proposals for development together with the objections of the Vice-Chairman, may either approve the proposal with or without modifications or direct the Department of the local authority, as the case may be, to make such modifications as proposed by the Government, and the decisions of the State Government shall be final;
   • (e) the development of any land begun by any such Department or subject to the provisions of section 84 by any such local authority before the declaration referred to in sub-section
6. (1) may be completed by that department or local authority in compliance with the requirements of sub-sections
7. (1) and (2).

1. (1) Every person or body (other than any department of Government or any local authority) whose site is situated in any sector developed by Local Development Authority or in any Colony approved under any other Act of the State or for which permission of change of land use has been granted by the Government, desiring to obtain the permission referred to in section 80 shall make an application in writing to the Vice-chairman in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by bye-laws.
2. (2) Every application under sub-section
3. (1) shall be accompanied by such fee as may be prescribed by rules.
4. (3) On the receipt of an application for permission under sub-section (1), the Vice-chairman after making such enquiry as he considers necessary in relation to any matter specified in clause
   • (d) of sub-section
5. (2) of section 74 or in relation to any other matter, shall be order in writing either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission: Provided that such a permission will not entitle the person to change the use of land unless the said permission has been granted by the State Government under sub-section
6. (1) of section 82 of the site allotted/transferred by the Local Development Authority under section 84: Provided further that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused: Provided further that the Vice-Chairman may before passing any order on such application give an opportunity to the applicant to make any correction therein or to supply any further particulars of document or to make good any deficiency in the requisite fee with a view to bringing it in conformity with the relevant rules or regulations or bye-laws.
7. (4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant.
8. (5) Any person aggrieved by an order under sub-section
9. (4) may appeal to the Chairman against that order within thirty days from the communication thereof and may after giving an opportunity of hearing to the appellant and, if necessary, also to the representative of the Vice-Chairman either dismiss the appeal or direct the Vice-chairman to grant the permission applied for with such modifications, or subject to such conditions, if any, as may be specified.
10. (6) The Vice-Chairman shall keep in such form as may be prescribed by regulations and register of applications for permission under this section.
11. (7) The said register shall contain such particulars, including information as to the manner in which applications for permission have been dealt with, as may be prescribed by regulations, and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations.
12. (8) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the Vice-Chairman may, on an application for refund being made within three months of the communications of the grounds of the refusal under sub-section
13. (4) direct refund of such portion of the fee as he may deem proper in the circumstances of the case.

1. (1) The permission in the sector areas other than those specified in sub-section
2. (1) of section 81 to an individual or a person including an association or body of individuals whether incorporated or not may be granted by the Government on such terms and conditions and on payment of such fees and conversion charges as may be prescribed: Provided that such a permission may not be granted for reasons to be recorded in writing if the Government is not satisfied with the merits of the case or is not in accordance with law.
3. (2) After coming into operation of any of the plans in a sector no person shall use or permit to be used any land or building in that sector otherwise than in conformity with such plan.

The Haryana Development and Regulation of Urban Areas Act, 1975, shall continue to be applicable in the local development area which shall be deemed to be the urban area as defined in clause

1. (u) of section 2 of the said Act and the powers under the said Act shall continue to be exercised by the Director, Town and Country Planning, Haryana.

The provisions of sections 2, 14 to 27, 32 to 34, 36, 37, 39, 40, 41; 44 to 52; 55, 56 and 59 shall apply mutatis mutandis to the Local Development Authority constituted under sub-section

1. (3) of section 62 and the terms 'Authority', 'Estate Officer' and 'Chief Administrator' shall mean 'Local Development Authority', 'Estate Officer', and 'Vice-Chairman' respectively for this purpose.

1. (1) As from the date of the constitution of a Local Development Authority under sub-section
2. (3) of section 62, the powers and functions of Haryana Urban Development Authority shall stand transferred to Local Development Authority in respect of the local development area for which it is constituted.
3. (2) Notwithstanding the provisions of sub-section (1),—
   • (a) any thing done or any action taken including any notification, order, scheme, permission or rule made, granted or issued by the Government or the Haryana Urban Development Authority shall, so far it is not inconsistent with the provisions of this Chapter, continue in force and be deemed to have been done or taken by the Local Development Authority unless and until it is superseded by anything done or any action taken under this Chapter;
   • (b) all property movable and immovable and all interests of whatsoever nature and kind therein vested in the Haryana Urban Development Authority and situated in the local development area before the constitution of the Local Development Authority under sub-section
4. (3) of section 62 shall vest in the Local Development Authority;
   • (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by the Haryana Urban Development Authority before the constitution of the Local Development Authority, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Local Development Authority;
   • (d) all fees and other sums of money due to the Haryana Urban Development Authority immediately before the constitution of the Local Development Authority shall be deemed to be due to the Local Development Authority;
   • (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against Haryana Urban Development Authority in respect of the local development area may be continued or instituted by, for or against the concerned Local Development Authority.
5. (3) All land acquisition proceeding initiated by the Government on behalf of Haryana Urban Development Authority or otherwise in respect of local development area shall continue to be in force and shall be deemed to have been done on behalf of and for the Local Development Authority concerned. (4)
   • (a) From the date of the constitution of a Local Development Authority for a local development area, falling within the jurisdiction of Faridabad Complex and the controlled area declared under the Faridabad Complex (Regulation and Development) Act, 1971, the Chief Administrator, Faridabad Complex Administration shall cease to exercise powers under the provisions of sections 29 to 42 of the Faridabad Complex (Regulation and Development) Act, 1971, and the provisions under the aforesaid sections except sections 31, 32 and 42 shall be exercised by the Local Development Authority, and further, all acts done by the Chief Administrator, Faridabad Complex Administration shall be deemed to have been done by the Vice-Chairman of the Local Development Authority.
   • (b) All development charges and other related sums of money in respect of the local development area, due from any person to the Faridabad Complex Administration, shall be deemed to be due to the Local Development Authority.
6. (5) Immediately after the constitution of a Local Development Authority, a municipal committee in local development area shall cease to exercise any power under the provisions of sections 172 to 181, 184 to 186, 188, 193, 198, 201 to 211 and 218 to 220, of the Haryana Municipal Act, 1973, and the powers under the aforesaid sections shall be exercised by the Local Development Authority; and further, that all acts done by the municipal committee in respect thereof shall be deemed to have been done by the Vice-Chairman of a Local Development Authority.
7. (6) The powers and functions vested with the Director, Town and Country Planning under sections 7, 10 and 11 of the Haryana Development and Regulation of Urban Areas Act, 1975 (Act 8 of 1975) shall be exercised by the Vice-chairman of the Local Development Authority from the date of its constitution. Note.—The urban area under section 2 of the said Act shall be deemed to be a local development area of the concerned Local Development Authority.
8. (7) All the powers and functions of the Director, Town and Country Planning under sections 3, 6, 9, 12, 13, 14, 15 and 16 of the Punjab Scheduled Roads and Controlled Areas Restriction of Undegulated Development Act, 1963 (Act 41 of 1963) shall be exercised by the Vice-Chairman of the Local Development Authority from the date of the constitution of the Local Development Authority in respect of its local development area.

1. (1) Any person who whether at his own instance or at the instance of any other person or any body including a department of Government undertakes or carries out development of any land in contravention of the master plan or sector development plan or without the permission, approval or sanction referred to in section 80 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall be punishable with fine which may extend to ten thousand rupees, and in the case of continuing offence, with further fine which may extend to five hundred rupees for every day during which such commission of the offence continues after conviction for the first commission of the offence.
2. (2) Any person who uses any land or building in contravention of the provisions of section 82 or in contravention of any terms and conditions prescribed by regulation shall be punishable with fine which may extend to five thousand rupees and in the case of a continuing offence, with further fine which may extend to two hundred and fifty rupees for every day during which such commission of the offence continues after conviction for the first commission of the offence.
3. (3) Any person who obstructs the entry of a person authorized by the Vice-Chairman to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

1. (1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or sector development plan or without the permission, approval or sanction referred to in section 80 or contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the local development area, then without prejudice to the provisions of section 86, the Vice-Chairman or any officer of the Local Development Authority empowered by him in that behalf may make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance development has been commenced or is being carried out or has been completed, within such period not being less than fifteen days and more than forty days from the date on which a copy of the order of removal, with a brief statement of the reasons therefore, has been delivered to the owner or that person as may be specified in the order and on his failure to comply with the order, the Vice-Chairman or such officer may remove or cause to be removed the development and the expenses of such removal as certified by the Vice-Chairman or such officer shall be recoverable from the owner or the person at whose instance the development was commenced or was being carried out or was completed, as arrears of land revenue: Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.
2. (2) Any person aggrieved by an order under sub-section
3. (1) may appeal to be Chairman against that order within thirty days from the date thereof and the Chairman may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order.
4. (3) The Chairman may stay the execution of an order against which an appeal has been filed before it under sub-section (2).
5. (4) The decision of the Chairman on the appeal and subject only to such decision, the order under sub-section (1), shall be final and shall not be questioned in any Court.
6. (5) The provisions of this section shall be in addition to, not in derogation of, any other provisions relating to demolition of building contained in any other law for the time being in force.

1. (1) Where any development in a local development area has been commenced or continued in contravention of the master plan or sector development plan or without the permission, approval or sanction referred to in section 80 or in contravention of any conditions subject to which such permission, approval or sanction has been granted then, without prejudice to the provisions of sections 87 and 88, the Vice-chairman of the Local Development Authority or any officer of the Local Development Authority empowered by him in that behalf, may make an order requiring the development to be discontinued, on and from the date of the service of the order, and such order shall be complied with accordingly.
2. (2) Where such development is not discontinued in pursuance of the order under sub-section (1), the Vice-Chairman or the said officer of the Local Development Authority may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development within such time as may be specified in the requisition, and such police officer shall comply with the requisition accordingly.
3. (3) After the requisition under sub-section
4. (2) has been complied with the Vice-chairman of the Local Development Authority may depute by a written order a police officer or an officer or employee of the Local Development Authority to watch the place in order to ensure that the development is not continued.
5. (4) Any person failing to comply with an order under sub-section
6. (1) shall be punishable with a fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.
7. (5) No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 87 or the discontinuance of the development under this section.
8. (6) The provisions of this section shall be in addition to and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force.

After a master plan or sector development plan has come into operation under section 78, the Local Development Authority or its Vice Chairman shall exercise such other powers and functions exercisable by the local authority concerned or its Chief Executive Officer, as the case may be, under the enactment constituting that local authority, subject to such exceptions or modifications, as the State Government may by notification, in the Official Gazette specify.

Powers to provide amenity or carry out development at cost of owner in the event of his default and to levy cess in certain cases.

1. (1) If the Local Development Authority, after holding a local inquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land in local development area has not been provided which in the opinion of the Local Development Authority ought to have been or ought to be provided or that any development of the land for which permission, approval or sanction has been obtained under this Chapter or under any law in force before the coming into force of this chapter has not been carried out, it may, after according the owner of the land or the person providing or responsible for providing the amenity a reasonable opportunity to show cause, by order require him to provide the amenity or carry out the development within such time as may be specified in the order.
2. (2) If any amenity is not provided or any such development is not carried out within the time specified in the order, then the Local Development Authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit: Provided that before taking any action under this sub-section, the Local Development Authority shall afford a reasonable opportunity to the owner of the land or to the person providing or responsible for providing the amenity to show cause as to why such action should not be taken.
3. (3) All expenses incurred by the Local Development Authority or the agency employed by it in providing the amenity or carrying out the development together with interest at such rate as the State Government may by order fix from the date when a demand for the expenses is made until payment may be recovered by the Local Development Authority from the owner or the person providing or responsible for providing the amenity as arrears of land revenue.
4. (4) Notwithstanding anything contained in the foregoing sub-sections where the Local Development Authority on the written representation by so many of the owners of any land in a development area as may represent not less than one half of the area, of that land, is satisfied that any amenity in relation to such land has not been provided which in the opinion of the Local Development Authority ought to have been or ought to be provided, or that any development of that land for which permission, approval or sanction has been obtained under this chapter or under any law in force before the commencement of this Chapter has not been carried out, it may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit, and recover the expenses by levy of cess from all the owners of the said land: Provided that if the owners making the said representation contend that the amenity had been agreed to be provided or the development had been agreed to be carried out by a colonizer or cooperative housing society through or from whom the land was acquired by them, they shall file with the Local Development Authority a copy of such agreement or of the deed of transfer or of the bye-laws of the society incorporating such agreement, and no action shall be taken by the Local Development Authority under this sub-section unless notice has been given to the colonizer or the society, as the case may be, to show-cause why such action should not be taken: Provided further that where the Local Development Authority is satisfied that the coloniser or the society has become defunct or is not traceable, no notice under the preceding proviso need be issued.
5. (5) The cess referred to in sub-section
6. (4) shall be equivalent to the expenses incurred by the Local Development Authority or the agency employed by it in providing the amenity or carrying out the development, together with interest at such rate as the State Government may by order fix, from the date of completion of the work until payment, and shall be assessed and levied on all the owners of the land in proportion to the respective areas of land owned by them.
7. (6) The said cess shall be payable in such number of instalments, and each instalment shall be payable at such time and in such manner, as the Local Development Authority may fix, and arrear of cess shall be recoverable as arrears of land revenue.
8. (7) The expenses incurred by the Local Development Authority or the agency employed by it under this section shall be certified by the Local Development Authority, and such certificate, as also the assessment of the cess, if any, under sub-section
9. (5) shall be final.
10. (8) If under any agreement between the owners of the land, the colonizer or the society referred to in sub-section
11. (4) the responsibility for providing the amenity or carrying out the development rested with such colonizer or society, the cess payable under that sub-section by the owners shall be recoverable by them from the colonizer or the society, as the case may be.

Power of Local Development Authority to require local authority to assume responsibilities in certain cases.

1. (1) Where any area has been developed by the Local Development Authority, it may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Local Development Authority and for the provisions of the amenities which have not been provided by the Local Development Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Local Development Authority and local authority, and where such terms and conditions cannot be agreed upon, then on a reference of the matter to the State Government by the Local Development Authority on terms and conditions settled by the Government in consultation with the local authority.
2. (2) The transfer of a developed area shall take effect immediately after five years after completion of development works or as may be decided by the Local Development Authority and it shall be obligatory on the part of local authority to take over the area under sub-section
3. (1) above.
4. (3) If the local authority recovers taxes from such an area prior to the period of five years, the transfer shall take effect from the date of recovery of taxes.

Power of Local Development Authority to levy betterment charges.

1. (1) Where in the opinion of the Local Development Authority, as a consequence of any development scheme having been executed by it in any local development area, the value of any property in that area which has benefited by the development, has increased or will increase, the Local Development Authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development: Provided that no betterment charge shall be levied in respect of lands owned by the Government: Provided further that where any land belonging to the Government has been granted by way of lease or licence by the Government to any person, than that land and any building situated therein shall be subject to a betterment charge under this section.
2. (2) Such betterment charge shall be an amount—
   • (i) in respect of any property situated in the township or colony, if any, developed or in other area developed or re-developed, equal to one-third of the amount, and
   • (ii) in respect of property situated outside such township, colony or other area, as aforesaid, not exceeding one-third of the amount, by which the value of the property on the completion of the execution of the development scheme, estimated as if the property were clear of buildings, exceeds the value of the property prior to such execution, estimated in the manner.

Assessment of betterment charges by Local Development Authority.

1. (1) When it appears to the Vice-chairman that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Vice-Chairman may, by an order made in that behalf declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or any person having an interest therein that the Vice-Chairman proposes to assess the amount of the betterment charge in respect of the property under section 93.
2. (2) The Vice-Chairman shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the Vice-Chairman inform the Vice-Chairman by a declaration in writing that he accepts the assessment or dissents from it.
3. (3) When the assessment proposed by the Vice-chairman is accepted by the person concerned within the period specified in sub-section (2), such assessment shall be final.
4. (4) If the person concerned dissents from the assessment or fails to give the Vice-Chairman the information required by sub-section
5. (2) within the period specified therein, the matter shall be determined by the Chairman and such determination shall not be questioned in any Court.

Finality of decision. Subject to the control of the State Government every decision of the Chairman on appeal, and subject only to any decision on appeal (if it lies and is preferred), the order of the Vice-Chairman or other officer under section 81, or section 88, shall be final and shall not be questioned in any Court.

Payment of betterment charges.

1. (1) The betterment charge levied under this Chapter shall be payable in such number of instalments, and each instalment shall be payable at such time and in such manner, as may be fixed by byelaws made in that behalf.
2. (2) Any arrears of betterment charges shall be recoverable as arrears of land revenue.

1. (1) The duty imposed by the Indian Stamp Act, 1899, on any deed of transfer of immovable property shall, in the case of an immovable property situated within a development area, be increased by two per cent on the amount or value of the consideration with reference to which the duty is calculated under the said Act: Provided that the State Government may, By notification in the Official Gazette, enhance, the aforementioned percentage of the increase in the stamp duty upto five percent.
2. (2) All collection resulting from the said increase shall, after deduction of incidental expenses, if any, be allocated and paid by the State Government in its discretion either to the Local Development Authority alone or as the case may be, in such proportion as may from time to time be determined, in such manner and in accordance with such principles as the State Government may notify in the Official Gazette.
3. (3) For purpose of this section, section 27 of the Indian Stamp Act, 1899, shall be read as if it specifically required the particulars referred to therein to be separately set forth in respect of property within the Local Development Authority and property situated outside such area.
4. (4) For the purposes of this section, section 64 of the Indian Stamp Act, 1899 shall be so read and construed as if it referred to the Local Development Authority as well as to the State Government.

The Local Development Authority shall be entitled to charge and collect, toll, for the use of approach roads and other amenities, at such rate and in such manner as may be notified by the State Government, from visitors, to such places of popular resort (including any ancient and historical monuments) within its local development area as may be so notified: Provided that-

1. (a) the rate of toll per visitor, shall not exceed rupees two;
2. (b) the State Government may by notification, exempt any class or classes of visitors from the payment of the toll and may fix any day or days on which no toll shall be chargeable.

Any money due to Local Development Authority on account of any fee or charge or from disposal of land, building or any other property, movable or immovable, by way of rent, premium, profit or hire-purchase instalment, may, without, prejudice to the right of recovery by any other mode of recovery provided by or under this Chapter or any other law for the time being in force be realized, as arrears of land revenue upon a certificate of the amount due sent by the Local Development Authority to the Collector.

1. (1) The Local Development Authority shall furnish to the State Government such reports, returns and other informations as the Government may from time to time require.
2. (2) Without prejudice to the provisions of sub-section
3. (1) the State Government or any officer authorized by the State Government in that behalf, may call reports, returns and other information from the Local Development Authority or the local authority concerned in regard to the implementation of the master plan.
4. (3) Any person authorized by the State Government or the officer referred to in sub-section
5. (2) may enter into or upon any land with or without assistants or workmen for ascertaining whether the provisions of the master plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan.
6. (4) No such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building.

1. (1) All notices, orders and other documents required by this Chapter or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Chapter or rule or regulation, be deemed to be duly served-
   • (a) where the person to be served is a company, if the document is addressed to the Secretary of the Company at its registered office or at its principal office or place of business and is either-
     • (i) sent by registered post; or
     • (ii) delivered at the registered office or at the principal office or place of business of the company;
   • (b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business, identifying it to the name or style under which its business is carried on and is either-
     • (i) sent by registered post; or
     • (ii) delivered at the said place of business;
   • (c) where the person to be served is a public body or a corporation or society or other body if the document is addressed to the secretary, treasurer or other chief officer of that body, corporation or society at its principal office and is either-
     • (i) sent by registered post; or
     • (ii) delivered at that office;
   • (d) in any other cases, if the document is addressed to the person to be served and-
     • (i) is given or tendered to him; or
     • (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the development area or is given or tendered to some adult member of his family or is affixed on some conspicuous part of land or building to which it relates; or
     • (iii) is sent by registered post to that person.
2. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building maybe addressed as 'the owner' or 'the occupier' as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served-
   • (a) if the document so addressed is sent or delivered in accordance with clause
   • (d) of sub-section (1); or
   • (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered is affixed to some conspicuous part of the land or building.
3. (3) Where a document is served on a firm in accordance with clause
   • (b) of sub-section (1), the document shall be deemed to be served on each partner of that firm.
4. (4) For the purpose of enabling any document to be served on the owner of any property the Secretary to the Local Development Authority, may by notice in writing require the occupier, if any of the property, to state the name and address of the owner thereof.
5. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family be deemed to be service upon the minor; Explanation.-A servant is not a member of the family within the meaning of this section.

Every public notice given under this Chapter shall be in writing under the signature of the secretary to the Local Development Authority and shall be widely made known in the locality to be affected thereof by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a newspaper having circulation in the locality or by two or more of these means, and by any other means that the Secretary may think fit.

Where any notice, order or other document issued or made under this Chapter or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Chapter or regulation, the notice, order or other document shall specify a reasonable time for doing the same.

Nothing in this Chapter shall apply to-

1. (a) the carrying out of works for the maintenance, improvement or other alterations of any buildings, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
2. (b) the carrying out by any local authority or by any department of Government of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking upon of any street or other land for that purposes;
3. (c) the operational construction including maintenance, development and new construction, by or on behalf of a department of the Central Government;
4. (d) the erection of a building not being a dwelling house, if such building is required for the purposes subservient to agriculture;
5. (e) the excavations including wells made in the ordinary course of agricultural operations; and
6. (f) the construction of unmetalled road intended to give access to land solely for agricultural purposes.

Notwithstanding anything contained in this Chapter the State Government may by notification in the Official Gazette exempt, subject to such conditions and restrictions, if any, as may be specified in such notification, any land or building or class of lands or building from all or any of the provisions of this Chapter or rules or regulations made thereunder.

1. (1) Where any land situated in the local development area is required by the master plan or a sector development plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if at the expiration of ten years from the date of coming into operation of the plan under section 77 or where such land has been so required or designated by any amendment of such plan, from the date of coming into operation of such amendment, under sub-section
2. (4) of section 79 the land is not compulsorily acquired the owner of the land may serve on the State Government a notice requiring his interest in the land to be so acquired.
3. (2) If the State Government fails to acquire such land within a period of six months from the date of the notice, the master plan, or, as the case may be, the sector development plan shall have effect after the expiration of the said six months, as if that land were not required to be kept as an open space or unbuilt upon or were not designated as subject to compulsory acquisition.

1. (1) The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Chapter.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the levy of fee on a memorandum of appeal under sub-section
3. (5) of section 81;
   • (b) the procedure to be followed by the Chairman in the determination of betterment charge, and the powers that it shall have for that purposes;
   • (c) any other matter which has to be, or may be, prescribed by rules.
4. (3) All rules made under this Chapter shall, as soon as may be after these are made, be laid before the State Legislature, while it is in session for a total period of not less than ten days, extending in its one session or more than one successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments, as the State Legislature may, during the said period, agree to make.

1. (1) The Local Development Authority may, with the previous approval of the State Government, make regulations not inconsistent with this Chapter and the rules made thereunder, for the administration of the affairs of the Local Development Authority.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
   • (a) the summoning and holding of meetings of the Local Development Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;
   • (b) the powers and duties of the Chief Town Planner, Chief Engineer, Controller of Finance, Secretary, Estate Officer and Manager Estate of the Local Development Authority;
   • (c) the salaries, allowances and conditions of service of the officers and employees;
   • (d) the procedure for carrying out the functions of Local Development Authority under sections 73 to 82;
   • (e) the form of register of application for permission and the particulars to be contained in such register;
   • (f) the management of the property of Local Development Authority;
   • (g) the fee to be paid on application for permission under sub-section
3. (1) of section 81;
   • (h) the fee to be paid for inspection or obtaining copies of documents and maps;
     • (i) any other matter which has to be or may be prescribed by regulations.
4. (3) Until Local Development Authority is established for an area under this Chapter any regulation which may be made under sub-section
5. (1) may be made by the State Government and any regulation so made may be altered or rescinded by the Local Development Authority concerned in exercise of its powers under sub-section (1).

The Local Development Authority may with the previous approval of the State Government make bye-laws consistent with this Chapter and the rules made thereunder, for carrying out the purposes of this Chapter in respect of any matter affecting the general public and without prejudice to the generality of this power, such bye-laws may provide for:—

1. (a) the form in which any application for permission under sub-section

1. (1) of section 81 shall be made and the particulars to be furnished in such applications;
   • (b) the terms and conditions referred to in section 82 subject to which the user of lands and buildings in contravention of plans may be continued;
   • (c) the grant of licence to architects, town planner, engineers, surveyors, draftsmen for the preparation of building plans or water supply, the drainage and sewerage plans and the fees to be paid for the grant of such licences;
   • (d) for so long as the sector development plans are not prepared under section 74, the matter specified in clause
   • (d) of sub-section
2. (2) of that section;
   • (e) the definition of an arterial road and the colour scheme and other specifications according to which the facade of building abutting such road shall be repaired, white-washed, colour-washed or painted under section 78;
   • (f) any other matter which has to be or may be prescribed by bye-laws.

The Local Development Authority shall deposit fifty percent of the sale proceeds of the plots, sites or developed land, sold through open auction in the State exchequer in the manner as may be prescribed.

1. (1) Where the State Government is satisfied that the purposes for which the Local Development Authority was established under this Chapter have been substantially achieved so as to render the continued existence of the Local Development Authority or in the opinion of State Government it has become necessary to wind up an existing Local Development Authority the Government may, by notification in the Official Gazette declare that the Local Development Authority shall be dissolved with effect from such date as may be specified in the notification; and the Local Development Authority shall be deemed to be dissolved accordingly.
2. (2) From the said date—
   • (a) all properties, funds and dues which are vested in, or realisable by the Local Development Authority shall vest in the State Government;
   • (b) all nazul lands placed at the disposal of the Local Development Authority shall revert to the State Government;
   • (c) all liabilities which are enforceable against the Local Development Authority shall be enforceable against the State Government; and
   • (d) for the purpose of carrying out any development which has not been fully carried out by the Local Development Authority and for the purpose of realising properties, funds and dues referred to in clause
   • (a) the functions of the Local Development Authority shall be discharged by the State Government.

1. (1) All references by the Local Development Authority to the State Government under this Chapter shall be routed through the Director, Town and Country Planning, Haryana.
2. (2) The State Government for all intents and purposes of this Chapter shall be the Government in the Department of Town and Country Planning.
3. (3) Immediately after the constitution of the Local Development Authority all staff of Haryana Urban Development Authority posted in the Local Development area shall be deemed to be the staff, posted under the Local Development Authority under section 71 of this Chapter.