The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963

(1) This Act may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. (2) It extends to the whole of the State of Haryana.

In this A& unless the context ohenvise &uires,- (1) "agriculture" includes horticulture, dairy farming, poultry farming and thc planting and upkeep of an orchard ; (2) "amenityt' includes roads, water-supply, street lighting. drainage, sewerage, public parks and any other convenience which the Government may by notification specify for the prrrposes of this Act ; (3) "by-pass" means a mad provided as a permanent diversion to a schduledmad, wh_ethcr whic h diversion is situated within or with'out the limits of a local authority and whether i t is constructed beforf. or alterhe coqencemen of this Act ; (4) "Commissioner" me&$ Commissioner and Secretary to Government, Huyan a, -Town and Country Planning Depmen t ; (5) "controlied area" means an area declared under section 4 to be a controlled area ; (6) "Dktor" means the Director of Town and Country Planning [Haryanal, and includes any person for the time being appointed by the Goveyment by notification to exercise and perform all or any of he powers and functions of the Director under this Acr and the rules made thereunder in respect of any scheduled road or controlled area ; (7) "he Government" means the Government of the State of [Haryana]. (8) "prescribed means prescriM by rules made under this Act ; (9) "road reservation, iri relation to a scheduled road" means the land, whether metalled or unmetdled, which vests in the Government or the Central ovhente or a local authority for the purposes of such road and the boundaries of which are demarcated by pillars, posts or wires or in any other manner ; (10) "scheduled road" means a road specified in the Schedule to this Act which is wholly situated within thestateof l w a n a l , and, where, any road so spcifidis not smituated, he portion of such road which is situated in the State of [Haryana], and includes a " by-pass", but does not include any part of such road or portion, not being a by-pais, which is situated in the limits of a locd authority ; Explanation—For the purposes of this clause ?ocA authority' mearis a cantonmcnt board, municipal committee, notified area committee or improvement tm t. (11) "building" means any shop, house, hut, outhouse, shed or sta ble, whelher used for h2$urpase of human habitation or ohenvise and whether of masonry, bricks, wad-mud, thatch, metal or any other material whatever; andinclcides a wall and a well ; (12) "aenml or reerect a& buildingll, includes- (a) any material aicntion or cnlargcmcnt of anY building, (b) the convmion by s t r u c~ a] teiation'into a place for human habitation of any buj lding not originally constructed for human habiration, (c) the conversion into more than one place for human habitation 0f.a building originally constructed as one such place, (d) theconvekion of'~oorrnorcp1acesofhLman habibtion into a gregter numbcr of such places, (e) such alterations df a buildng as affect an altemlion of its drainage or sanitary mgemenls or materially affect ils SoCrairy; (f) the addition of any rooms, building, outhouses, or other structures to any building, and (g) the construclion in a wall adjoining street or land not hlonging to the owner of rhe wall, of a door opening on to such street or l a d.

b~enon shall et'ecior re-erekt any building or make or extend agy excavation or I& out any of access to a mad [within one hunbed metek6neithersidcofthemadreservation ofabyc-passorwithiithifly meters on either side of the road reservati on of any scheduled road not bcing bye-pass] : Provided that nothing in this section shall apply t* (a) therepair to a building which was in existence mmcdiately before the comrnencemen't of this Act or any erection or re-e&tion of such a building which does not involve any sbuctural alteration or addition therein ; or (b) the,e~tion or re-erection of a building, which was in existence immediately before the commencement of his Act and which involves any structural alteration or addition, with the permission of the Director ; or (c) the laying out of any means of access to a road with the permissjon of the Di-tor ; or (d) [the'ktion or re-erection of a motor-fuel-filling station or a bus-queue-shelter with the permission of the Dimtor] ; (e) the public utility buildings and community assets which were in existence immediately before the Commencement of the Punjab scheduled roads and Controlled Areas Restriction of Unregulated Development (Haryana Second Amendment and Validation) Act, 1996. EXPLANATION— (1) 'Public utility buildings" means building belonging to Government, Government Controlled Organisations, Local Bodies, Voluntary Organisations and individuals which are being used for the benefit of public at large without profit motive ; and (2) 'Community assets' means assets belonging to Government, Government Controlled Organisations, Local Bodies, Voluntary Organisations and individuals which are created for the beneficial use of public at large without profit motive.

(1) The Govenment may by notification delcalm the whoIe or any part of any area adjacent to and within a distance of - (a) eight kilo-mcm on thc outer si& of the boundary danY tawn;or (b) two kilo-meters bn the out& sides of the boundary of any industrial or housing estiireipubljc institution or an ancient and historical monument, spccifiedii such notifica~iion to be a controlled +ea for ihe purposes of this Acl. (2) TheGovem~ntshdldsocausethecontents ofthedeckuatim made under sub-scclion (1) to be publishein at 1-t two newspapers printed in alanguage olher than Glish.

(1) The Director shall, not later than three months from the Publication of declaration under stid-~e~tio; (1) of section 4 or within such further period as the Government my allow, prepare plans in the prescri bed manner showing the controuedarea and si@ ying therein h e nacm of reslriclions and condi tions proposed'to be made applicable to the controlled m a and submit the plans to the Government. (2) Without prejudice ro the generality of he powers specified in sub-section(l), the plans may provide for any one ormore of the following matters, namely :- (a) the divisions of any site into plots lor the erection or re- erection of any build ng and the manner in which such pIo& may to t&sferred to intending purchasers or lessees ; (b) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes ; (c) the development of any site into a township or colony and the restrictions and conditions subject -to which such devcl@ment may be undertaken or carried out ; (d) the erection or re erection of b+ldingson any siteandthc restrictions and conditions in regard to the opcn spaces to be kaihtained in or amund buildings and the height and character of buildings:; (e) the alignment ol buildings on any site ; (f) the architectural features of the elevation or frontage of buildings to be built on any site ; (g) the amenitia to be-provided in relation to any site or buildings on .such site whether before or after the erection or reerection of buildings and the person or authority by whom such-amenities are td'bk provided ; (h) the prohibition or restrictions regarding erection or re-erection of shops. workshops, wareho-uscs or- factories or buildings of a -specified 'architectural feature lor buildings designed for particular purposes in ,any locality ; (i) the maiiltenalice of walls, fenccs, hedges, or any other structural or archi rectural construction and the height at which -they shall be maintained ; (j) the restrictions regarding the use of any site for purposes other than the erection or re-erecti on of buildings ; (k) any orher makr which is necessary for the proper pIanning of any controlled area and for preventing building being erected or re-erccted haphazardly in such area. (3) The Government may either approve the pIans without mdfications or with such modifications asit may considernecessaryor reject the plans with directions to the Director to prepare fresh plans according to such k t i o n s .(4) The Government shall cause to be published by notification the plans approved by it under sub-section (3) for the purpose of inviting objections thereon. (5) Any person may, within thirty days from he date of publication of the notification under subsection (4), send to the Director his objection and suggestion in writing, if any, in respect of such plans and theDirecror shall consider the same and forward them with his recommendations to the Government within aperid of sixty days from the aforesaid date. (6) The Directorshall also give reasdhble opportunities to every lwd authority, within whose local limits any land included in the controlled area is-situated, to make any represcntati on with rcspect to the plans. (7) After considering the objections, Suggestions and representationsif any, and the recommendations of the~imtor thereon, the Government shall decide as to the final plans showing thccontrolled area and signifying herein the nature of resuictions and conditions applicable to the conrolled area and publish h e same in the Oficial Gmtle and in such other manner as may he prescribed. (8) hvisionmay bernadebyrulesmadeinthjsbch~withrespec~ to rhe fom andconren~of theplans and withkspect to the procedure to be followed, and any other matter in connection with the,prepar.tioq, submission and approval of the plans. (9) Subject to the foregoing provisions of this section, the Govemment may direct the Director to furnish such information as the Govcmmint hay require for the purpose of approving the plans submitted to it under this section.

Except as provided hereinai1er, no person shall erect or rc-erect building or make or extend any excavation or lay out any means of aaess to a road in a conrrolled area save in-accordance with the plans and the restrjctions and conditions referred to in section 5 and with the previous permission of the Director : Provided that no such permission shall k necessary for erection or re- ecti on of any building if suc h building is used or is to k used for agriculmal purposes or purposes subservient to agriculture.

(1) No land within thc controlled acra shall, except with h e permission of h e Director [and on payment of such conversion charges as. are may be pmcrikd by the Government from he time to time] k used for purposes other than those for which it was used on the date of publicalion of the notification ~dersubsection ( I ) of sec tion 4, and no land within such conmdled area shall be usedfor the purposes of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick field or for quarrying stone, bajri, surkhi kankaror for other similar extractive or ancillary operation except under and in accordance with the con& tions of a licence fmm the Director on payment of such fees and under such condi thns as may be prescribed. (1A) Lucai aulhoritie,fms and undertakings of Gbvemment, colonisers and persons exemptedfmrn obtaining a &nce under the Haryana Development and Regulation ofurban Areas Act, 1975, and authorities involvd in land development will also k liable to pay conversion charges but they shall be exempt from making an application under section 8 of this Act. (2) The renewal of such Ii&ri&rnay bemade '[after three yean] on payment of such fees as may be prescribed.

The Government may, in public interest, relax any resbictions or conditions insofar astheyrelatetolandusepre~cribedinhecontmllcdarea in exceptional c i r c k t ances.

(1) Every person desiring to-bbtain the permission referred to in section 3 or section 6 or siction 7 or a licence. under section 7 shall make an application in writing to the Director in such form and containing such information in respect of the land, building, excavation or means of access to a road to which the application relates as may be prescribed. (2) On receipt ofsuch application theDirector,aftermakingsuch enquiry as heconsiders necessary, shall by order in writing either- (a) grant the permission or licence subject to such conditj ons if any, as may be specified in the order, or (6) refuse to grant such permission or licence. (3) The Dirctor shall not refuse permission to the erection or re- erection of a building which was in existence in a controlled area on the datc on which the notificatin under sub&lion (I) of section 4 waspublished, nor shall he impose any condition in , respect of such erection or re-erection unless he is satisfied, afler affording to the applicant opportunity of being heard, that there in a probability that the building will be used for a purpose, or is designedin a manncr, other than that for which it was used or designed on the daie on which the said notification was published (4) If, at the expiration or's period of three months after an application under sub-section (I) has been made to the Director, no order in writing has been passed by the Di rector, the permission shall, without prejudice to rhe restrictions and conditions signified in the plans published in the Official Gazette under sub-section (7) of section 5, be deemed to h a v e k n given without the imposition of any conditions. (5) The Director shall maintain such registcr as may be prescrikd with sufficient particulars of dl such cases in which permission or license is given or deemed to have been given or refused by him undcr this section, and the said register shall be available for inspection without charge by all persons interesled and such persons shall be entitIed to take extracts therefrom.

TheDirectormay authoriseany persontoenterintooruponany land or building with or without assistants or workmen for the purpose of making any enquiry, inspection measurement to survey or t&ng levels : Provided that no entry shall be made except between the hours of sunrise an sunset and without giving twenty-four hours notice to the occupier or owner of such land or building.

Any person ag@eved or affected by TI order of the Dirctor under sub-section (2) of =ti& 8 granting permission orlic~uz subject to conhtions of refusing permission or license may, within sixty days from the date of such order, prefer an appeal to of the [Commissioner].

The Government may call for the record of any case pcnding before, or disposalof by any subordinate auhoiity for hepurpose of satisfying itself as to the legality or.propricty of any proceedings or of any order made thmin andmay pass such order in relation thereto it may think fit.

h e ~ j r c c t o r m a ~ , either of his own motion or on an applicafion of kypaqinteresled review, and on so reviewing modify, reverse orconfnn any orderpassed by himself or by any of his predecessbrs in office : Provided that--: (a) when the Director proposes to review any order passed by his predecessor in ofice, he shall first obtain the sanction of the G o V e m n t ; (b) no application forteview of anordershall beentertained unless it is made within a period of sixty days from the date of passing of the order, or unless the applicant satisfies the Dimtor rhat he had su6cient c a m For not making the application within that period ; (c) no order shall be modified or reversed unless the pmies concerned have been afforded a reasonable opportuniry of being heard ; (d) no order against which an appeal has been preferred shall be reviewed.

The Director shall carry out such directions as may be issued to control by him from time to time by rhcGovernment for the efficient adminishation of this Act.

(1) Any person who- (a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of section 3 or section 6 or in contravention of any conditions imposed by an order under section 8 or section 10; or (b) uses :myland in contravention of the of Sub: tion(i)ofseclio~~o~secti0ri10, shall be punishable with [imprisonrnent of either description for a term which may extend to three years and shd l alsd be liable lo] fine which may extend to [fifty thousand rupees but not less than Len thousand rupees] and, in the case of a continuing contravention, with a further fine which may extend to [one thousand ] rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention. (2) Without prejudrce to the provisions of sub-section ( I ) , the Director may, by notice, served by post Ad if apeson 'avoids service, or is not wadable forscniceofndtiii, or&f& toaccept service, then by a x i n g a copy of it on thc outer door or some other conspicuous part of such premises, or in such othcr manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub-scctian to stop further construction and to appear and show cause why he should not Ix ordered to restore or its original state or to bring i t in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a conlravention such as described in the said sub-section has been committed, and if such person fails to show cause to the satisfaction of theDirector within a kriod of seven days, rhe Director riiay pass an order requiring him to'restore such land or building to irs original stateor to bring it in conformity with the provisions of the Act or rules, as the case may be, within a further period of seven days. (3) If the order made under sub-section (2) is not carried out, within the specified period the Director may him self at the expiry of h e period of this order, take such measures as may appear necessary to give effect to the order and the cost of the such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land =venue : Provided that even before the expiry of seven days period mentioned in the order under sub-section (21, if the Director is satisfied rhat instead of stopping the erection or re-erection of the building or making or extending or the excavation or laying out of the means of access u~ a road, as the case may be, ihe &-soh continues with the contravent ion, the Director may himself take such measures as may 'appear necessary to give effect to the order sand hecost of such measures, shall, if not paid on demand king made to him, be recoverable from such person as arrears of land revenue.

It shall be he duty of every police officer- (i) to communicate without delay to the Director or any other officer authorised in writing by him, in this behalf, any information which he receives of a design to commit or of the co&nissioi of any offence against this Act or any rule or &&lati on made thereunder ; and (ii) to assist the Director or any other officer authorised in writing by him, in this behalf, in the lawful exercise of any power vested in the Director or any other officer authorid in writing by him, in this behalf, underthidct or any rule or regulation made thereunder.

(1) A police officer not below the rank of subinspector shall arrest any person who cornmi ts, in his view, any offence againsl thrs Act or any rule made thereunder, if the name and ;rrlrfress of such person be unknown to him and ?such person, on demand declines to give his n q e and address, or gives such name or address which such officer has rcason to believe to be false. (2) The person so arrested shall, without unavoidable delay be produced before the Magistrate authorised to try the offence for which the a n a l has k e n made, and no person, so arrested, shall Ix detained in custody for a period exceeding ~wenty-four hours without an order from the above mentioned Magstrate.

(1) With effect from such date as the Government may, by C~nstitution of notification, constibte aTribunal consisting of a [Chzlirman who is a retircd Judge of tbc High Court] and amember of the rank of Chief Engineer having special knowledge about mads and highways. If the Members of the Tribunal are divided over some matter, the decision of [he Chairman of the Tribunal shall prevail. (2) ThcTribundshall havejlssi~ngatChandigarhoratmyorher placeas per its convcnience. (3) A person aggrieved by the orders of Dj rec tor passed under sub-section (2) or sub-section (31, as rhe case may be, of section 12 of the Act, may file an appeal to the Tribunal within a period of sixty days and the decision of theTri bunal on such appeal shall be final. The Tri bunal shall also hear Lhe cases involving constructions made up to 28th April, 1995 in violation of the Act along scheduled roads and otherwise as if these were appeals against the order of Director. Any case against the orders of Director passed undcr sub-section (2) or subsection (3) of section 12 of the Act pending in any court of law except High Court or Supreme Conrl shall be transferred to thcTribunal.

(1) Where an offence under this Act his bee'n committed by a company, thecompany as well asevery personinchargeof,andresponsible to, the company for the conduct of its business at the time of thecommission of the offence shall be deemed to k guilty of the offence and shall be liable to be proceeded against and punished accor&ngly : Provided that nothing conmned in this sub-section shall render any such person liable to any puriishment if he proves that the offence was committed without hs knowledge or that he exercised all due diligence to prevent the cornrnssion of such offence. (2) Notwithstanding anfigg contained in sub= tion (I], where an offence under this Act has been committed by a company and it is proved that the offence ,has been committed with the consefl or connivance of,or chat the commission of the offence is artributable to any neglect on thepart of, any Dirtcur, Manger, Secretary or other officer.

(1) The Director or any person authorised by the Director by gened or special order in this behalf may either or after the institution of the proceedings compound my offence made punishable by or under thls Act. (2) When an offence has been compounded me offender, if in custody shall be discharged and no futher prodceedings shdl be taken against him in respect of the offence compound,d

(1) No court inferior to that of a Magistrate of the ~irst-class shall be competent to try any offence punishable under this Aci. (2) Nohvirhstanding anyhng containedin section 32 of the Code of Criminal Prmedure, 1898, it shalIbe lawful for any Magistrate of the First Class to pass asentenceoffineexcedng the pecuniarylimitspecifiedin that section as in force in any part of the State on any person convicted of an ofPence punishable under this Act.

No prosecution For any offence punishable under this Acl shall k instituted except with the previous sanction of the Director or any oFFicer aulhorised in writing by theDirectorin this khlaf;

The hror and every olher officer or employee acting under this Act or the rules made thereunder shall be deemed to be a pubfic servanr with in the meaning of section 21 of the Indian Penal Code.

The Government may by notification add to the Schedule to this Act any other road not specified therein or omit there from any mad specified therein, and on the issue of such a notification thc Schedule shall be deemed to be amended accordingly.

(1) ~he~ovemmentma~bynotificationdircctthat any power exercisable by it under this AC~, ixcept the power spifred in subsection ( I ) of section 4,sub-s-ections (3) and(7) of section 5, section 18 and section 25, shall. in relation to such marters and subject to such conditions, if any, as may k specified in the norification,be exercisable also by such officer or authorily subordinate tothe Government as may be spwjfied in thenotification. (2) The Director may, with the approval of the Government, by an order in writing delegate any of hs powem and functions under this Act or y.,' the rules made hereunder to such other officer's subordinate to him as may be specified in such order-

(1 J No suit, prosecution or other legal proceeding s hall lie against any person in respect of anything which is in good faith done or inrended to be done in pursuance of this Act or the rules made thereunder. (2) No suit or other legal proceeding shall lie against the Govcrnrnent for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

No civil court shall have any jurisdiction to entertain or decide any quesuonrelatingtomattersfallingunderthisAc~ortherulesmadethe~under.

Nothing in this Act shall apply t+ (a) the areacomprisedin thedadideh ofany village; [(a) the area adjacent to the abadi deh of any village whlch the Govemmenr identifies for village expansion through a notification, published in the Official Gazette, specifically torhis effect subject to thecondition that this areashallnot exceed sixty percent of the existing village abadi deh ;] (b) theerectionorre-erectionofaplaceof worshiporatomb or cenotaph or of a wall enclosing a grave yard, placc of worship, cenotaph orsarnadhi on land which, on the date of publication, of thc notification under sub-section { I ) of section 4, is occupied by or for the purpose of such worship, tomb, cenotaph, grave yard or samadhi ; (c) excavations (including wells) or other operalions made in the ordinary course of agriculture ; and (d) the construction of an unmetailed road in tended to give access to land for agricultural purposes or purposes subservient to agriculture.

(1) Nothing in this Act shall affect the opention of- (a) the Punjab newcapital (Periphery) Control Act, 1953 (Punjab Act I of 1953 .) ; (c) the Punjab Slum Areas (Improvement and Clearance) Act, i96i ( h n j a b ~ c r 24 of 1961); (2) Save as aforesaid, the provisions of this Act and the rules made thereund<r shall have effect notwithstanding anything incansistanr th m th dontaind in my other law. (a) when permission required under this Act for doing any act or taking any action in respect of any land has been obtained, such act or action shall not be deemed to be unlawfully done or taken by reason only of the fact that permission, approval or sanction required under such other law for doing such act or taking such action has not been ,., obtained ; (b) when permission required under this Act for doing such act or taking such action has not been obtained such act or ac tion shall not be deemed to be lawfully done or taken by rcason only of the fact that permission, approval or sanction required under such other law for the doing of such act or the taking of such action has been obtained.

Nothing in this Act shall e f f ~ t he power of the Government or any other authority to acquire land orto impose mtnctions upon the use and development of land comprised in the conmiled area under any other law for the time king in force, or to permit the settlement of a claim arising out of the exercise of powers under this Act by mutual agreement.

(1) The Govkrnment may.. by.notification and su'bject lo rhe conditions 06 previous publicarion, make rules forcarryingou[ the purposes of this Act. (2) In particuli~r, and wi~hout prejudice to the generality or the foregoing. power, such rules may ptnvide for all or any. of the following matters name ty :- (a) the manner, in which the plans in respect of a conti-ollcd area shall be prepared under -sub-section ( I ) of section 5 : (b) the other manner in which [he final plans in respecr of ii corm-olled area shul l be publjshed; (c) the form and conrents of rhe plans in respect of a conlrof led srwmd the procedure to k followed and any olher mailer in connection with the prepartion, submission and approval of Ihe plan ; (d) the conditions on which the licences under section 7 shall be granted or renewed and rhe fees to be charged for rhe grant and rcnewal thereof ; (e) the form in which application for permission or licence shall be made undcr sub-seclion ( I ) of section 8 and the informalion which shall be furnished therein : (f) the principles and conditions under which applicalions for permission or licence under this Act may be grdn ted or refused ; (g) the formandmannerin which theregis~erreferredto in sub-seclion (5) of section 8 shall be maintained ; (h) thc procedure to be followed in hearing appeals under '[sections 10 and 12C3 [he kes to be paid in respect of. and the document which shall accompany, such appeals : and (i) any other matter which may be prescribed.

In sub-section (1) of section 12C of the Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, for the words and sign “whom one shall be of the rank of Chief Engineer, having special knowledge about roads and highways”, the words “whom one shall be or has been of the rank of Chief Engineer having special knowledge about roads and highways” shall be substituted.

Notwithstanding anything contrary contained in any judgment, decree or order of any court or tribunal or any authority, any action taken, order issued, things done, proceedings purporting to have been taken or done by the Government or by the Director or by any other person or by the tribunal so constituted under sub-section (1) of section 12C with effect from the date of the publication of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Ordinance, 2016 (Haryana Ordinance No.5 of 2016), in the Haryana Government Gazette (Extraordinary), dated the 7th December, 2016, till the publication of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Act, 2017 (29 of 2021), in the Haryana Government Gazette (Extraordinary), dated the 23rd November, 2021, shall be deemed to be valid and effective in accordance with the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Act, 2017 (29 of 2021).