GOVERNMENT OF PUNJAB
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HOUSING II BRANCH)
Notification
The 27 October 2016
No. 18/27/2016-5hg2/866837/1
Whereas the Industrial Policy provides concessions for setting up of Mega Housing Projects in the State as circulated by Department of Industries vide Memo No. CC/JDP/Mega/Procedure/Manufacturing Projects/4146 dated 29-10-2007. As per Mega Policy, Mega Housing Projects shall be eligible for concessions under the Policy on fulfillment of conditions of agreement signed between government and promoter.
2. And, whereas Mega Housing Project of M/S AKME Projects Ltd., for an area of 80 acres falling in Village Jandiali,Distt. Ludhiana was approved by Empowered Committee in its meeting held on 28-2-2006 for grant of special package of incentives to projects of special significance. Accordingly, LOI was issued by Chief Administrator, PUDA vide Memo No. PUDA/ACA(Pr.)/2006/17371 dated 28-4-2006 and agreement was signed on behalf of Government through Deputy Secretary, Department of Housing & Urban Development and Promoter on dated 01-06-2006. Subsequently a Supplementary Agreement was signed on 18-5-2015 in compliance to the decision taken by Empowered Committee in its meeting held on 11-6-2014 giving completion period upto 30-6-2015. Thereafter promoter was given two year extension of implementation period by 30-6-2017 receiving penalty charges and Supplementary agreement to this effect was signed on 23-6-2016.
3. And Whereas the company has been granted change of land use for an area measuring 79.89 acres and revised layout plan, Drawing No.AP/RL/03 dated 28-7-2016 of 82.60 acres having net planned area of 79.81 acre (Excluding Revenue Rasta) has been approved by the Chief Town Planner, Punjab vide letter No. 4640-CTP(PB)/MPL-1 , dated 20-9-2016. Out of 79.81 acre, the exemption u/s 44(2) of PAPRA-1995 was granted for an area of 77.16 acre vide notification no. 18/98/2006-5HGII/7304 dated 10-8-2006. The company has paid updated charges & NDC from GLADA has been received vide memo.no ACA/GLADA/Ldh/2016/5872 dated 11-7-2016.
4 And, whereas the Governor of Punjab is of the opinion that company has fulfilled all the conditions, which are required to be fulfilled before the grant of exemptions under Section 44(2) of the Punjab Apartment & Property Regulation Act, 1995.
5. Now, therefore, in exercise of the powers vested in him under section-44 (2) of the Punjab Apartment & Property Regulation Act, 1995 (Punjab Act No. 14 of 1995) and all other powers enabling him to act in this behalf, the Governor of Punjab is pleased to exempt the balance 2.65 acres (out of total net planned area of 79.81 acres – 77.16 acres which has already been exempted) from all the provisions of the Punjab Apartment & Property Regulation Act, 1995 (Punjab Act No. 14 of 1995) except Section 5(9), and Section 32 of Punjab Apartment and Property Regulation Act, 1995, as amended from time to time, subject to the following terms and conditions that:-
(i) The development works shall be carried out in accordance with the revised lay-out plan sanctioned by the Chief Town Planner, Punjab (Competent Authority) keeping in view with such general guidelines as the Department of Housing and Urban Development may issue in respect of such Housing Projects from time to time and shall obtain the required permissions as specified in the CLU order and the order of approval of Lay Out Plan before undertaking any development at the site.
(ii) The promoter of the Mega Housing Project shall strictly abide by the aforesaid legal agreement dated 1-06-2006 and supplementary agreement dated 18-5-2015 and dated 23-6-2016 signed by him as well as various Notifications issued by the Department of Housing and Urban Development enunciating and enumerating the policy parameters governing such Projects.
(iii) The promoter shall deposit the entire amount in respect of the contribution to the Punjab Urban Development Fund, created under section 32 of the Punjab Apartment and Property Regulations Act, 1995 (Act No. 14 of 1995), within a period of 30 days of the sanctioning of their layout plan.
(iv) The promoter shall acquire the ownership of project land in its name including land under agreement to develop and land under agreement to sell. The plots falling under land proposed to be acquired if any through Govt, acquisition, plot through which revenue rasta or khall passes shall not be developed and sold till these pockets are acquired and ownership is transferred in the name of the Promoter.
(v) The plots/land to which the access is proposed through the land to be acquired if any by the Government shall not be developed and sold till that land under the access is acquired and transferred in the name of the promoter and access is provided.
(vi) The promoter shall be responsible for obtaining the final NOC from Punjab Pollution Control Board.
vii) Before starting the development of the proposed project promoter shall obtain environmental clearance from the Ministry of Environment & Forest Government of India as required under EIA notification dated 14-9-2006 as well as consent to establish (NOC) from the Punjab Pollution Control Board.
(viii) The promoter has already transferred an area reserved for EWS to the Deptt. of Housing & Urban Development Deptt. and physical possession shall be handed over to GLADA as per notification No. 17/17/01 -5Hg2/PF/4255 dated 31-12-2013/ Memo no. 17/46/14-1 Hg2/972 dated 15-05-2015 within one month from the date of issue of this notification failing which the notification shall be withdrawn without any prejudice.
(ix) Promoter and the allottees shall not use the under ground water for construction purpose, in the areas notified by the Central Ground Water Board and use alternative sources such as surface water source or treated sewage water from nearby Sewage Treatment Plant and shall comply the guidelines issued by the Nodal Agency/Govt, from time to time.
(x) The Oustee Policy approved by the Government and issued vide memo No. 10/38/2010-6Hg1/1554 dated 25-5-2011 as amended from time to time shall be applicable on acquisition of any land by the Government for critical gaps and the Promoter/Developer shall be bound to extend all benefits under this policy to the Oustees.
xi) Promoter shall abide all the instructions/notifications issued by Department of Housing and Urban Development or Government from time to time relating to Mega Housing Projects.
Viswajeet Khanna, I.A.S.
Principal Secretary to Government of Punjab,
Department of Housing and Urban Development.
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