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7192

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AUTHORITATIVE ENGLISH TEXT

Act No. 3 of 2017

THE HIMACHAL PRADESH VALUE ADDED TAX (SECOND AMENDMENT)

ACT, 2016

(AS ASSENTED TO BY THE GOVERNOR ON 14

TH FEBRUARY, 2017)

ACT

further to amend the Himachal Pradesh Value Added Tax Act, 2005 (Act No. 12 of 2005).

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-seventh Year

of the Republic of India as follows :—

Short title.—This Act may be called the Himachal Pradesh Value Added Tax (Second

Amendment) Act, 2016.

Amendment of section 56.— In section 56 of the Himachal Pradesh Value Added Tax

Act, 2005, in sub-section (3),—

(a) in clause (i) at the end, for the word “and” the word “or” shall be substituted. ; and

(b) after proviso to clause (j), the following new clause (k) shall be inserted, namely :—

“(k) of any such particulars in respect of any such statement, return, accounts,

document, evidence, affidavit or deposition for the purpose of sharing of

information with the Central Board of Excise and Customs, Department of

Revenue, Ministry of Finance, Government of India in pursuance of

Memorandum of Understandings executed between the State Government and

the Central Board of Excise and Customs :

Provided that the State Government may in revenue interest allow sharing of

information of any such particulars in respect of any such statement, return, accounts,

document, evidence, affidavit or deposition with any other Department of the State or

the Central Government.”.

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TOWN AND COUNTRY PLANNING

NOTIFICATION

CHAPTER-1

THE CONTEXT

No. TCP-F(5)/2016.—Named after an engineer with this name, Barog is a small village

in Solan district of Himachal Pradesh. Till 2003, National Highway 22 (presently National

Highway 5) connecting Chandigarh with Shimla used to pass through Barog. On 6^th December

2003, the new section of the highway (now N.H.5) passing through Rabon, Anji and Shamlech was

inaugurated thus bye-passing Barog settlement. This was done to avoid the steep incline to Barog

from Kumarhatti. Barog also falls on the internationally popular Kalka- Shimla narrow gauge (toy

train) railway line built by the Britishers more than a century ago. Barog is situated at an altitude of

1560 meters above the mean sea level. It is located at a distance of 60 kms. from Chandigarh.

Shimla, the capital city of Himachal Pradesh is 65 kms. from Barog. Temperature here ranges

between 15˚ to 30ñC during summer season and between 5˚ to 15˚ C during winter season. The

Homeopathic College at Kumarhatti, Green Hills Engineering College at Gandhigram, Manav

Bharti University and Maharshi Markandeshwar University at Sultanpur & Cantonment at Dagshai

are amongst various factors leading to the rapid growth as well as importance of Barog area. The

settlement is also known for its commanding site and pleasant views of Choor Chandni peak, the

mighty Dhauladhars, Dagshai, lower Shivaliks and the plains below. Tourists come here due to

its cool climate and close proximity to Chandigarh.

The need to bring Barog village along with its surrounding areas within the ambit of the

Himachal Town and Country Planning Act,1977 was felt by the Government of Himachal Pradesh

which extended the provisions of the Act to the so-called Barog Special Area in the year 2000 vide

State Government Notification no. TCP-F(5) dated 11.08.2000 published in the Rajpatra dated 16

April, 2001. Four complete hadbast numbers namely Barog (hadbast no. 801), Dhagota (hadbast

no. 798), Kumarhatti (hadbast no. 796) and Dharampur (hadbast no. 769) were completely included

in Barog Special Area. Besides these villages, areas up to 100 mtrs. on either sides of the then

National Highway no. 22 starting from Nagali on Solan-Barog-Kumarhatti road up to the boundary

of Kasauli Planning Area at Dharampur were also included under this Special Area. Subsequently

in the year 2004, areas up to 100 meters on either side of N.H. 5 i.e., Solan-Rabon-Anji-Shamlech-

Kumarhatti road as well as areas up to 50 meters on either side of Dharampur-Subathu road starting

from Dharampur bazar up to Shiv temple were also included in Barog Special Area vide State

Government Notification no.TCP-F(5)-19/2002 dated 16.02.2004. The provisions of section 15-A

of the Act ibid have been extended to Barog Special Area vide State Government notification no.

TCP-F(5)4/2000 dated 11.8.2000 which means that the Existing Land Use of Barog Special Area

stood frozen with effect from this date. All construction/development activities could henceforth

take place solely with the permission of the competent authority. Simultaneously vide State

Government Notification No.TCP-F(5)4/2000 dated 16 August 2000, the Government of Himachal

Pradesh constituted a Special Area Development Authority for Barog Special Area designated as

Special Area Development Authority Barog with its members as here under:—

1. Deputy Commissioner, Solan

Chairman

2. Superintendent of Police, Solan

Member

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3. Sub-Divisional Magistrate, Solan

-do-

4. Executive Engineer (NH) Division, Solan

-do-

5. Sr. Executive (HPSEB) Division, Solan

-do-

6. Executive Engineer (I & PH) Division,

-do-

Solan

7. Executive Engineer, HPPWD (B&R)

-do-

Solan

8. D.F.O., Solan

-do-

9. District Tourism Officer, Solan

-do-

10. Tehsildar, Kasauli/Solan

-do-

11. All Pradhans of concerned Panchayats

-do-

falling in the jurisdiction of Barog

Special Area.

12. Town & Country Planner, Solan

Member

Secretary

The Development Plan for Barog Special Area has now been prepared under provisions of

section 19 of the Himachal Pradesh Town and Country Planning Act, 1977. The plan has been

conceived after detailed study of the area in its totality, through interaction with eminent citizens,

public representatives, N.G.O.’s and various State Government departments and taking into

account the potentials of physical growth trends as well as State Government policies etc.

The document has been prepared by a planning team consisting of personnel qualified in

various field like architecture, civil engineering, economics, geography, surveying etc.

The Plan is based upon the projections of the department for the year 2031 A.D. After its

approval by the State Government, it is expected to play an important role in ensuring regulated

and planned development of Barog Special Area.

__________

CHAPTER-2

TOWN OVER TIME

2.1

NOMENCLATURE

The name Barog is of recent origin that is connected with the construction of the narrow

guage Kalka- Shimla railway line built in early 19^thcentury. Captain Barog, a British engineer

commenced the alignment of a tunnel near the proposed railway station now constructed at Barog.

Unfortunately his calculations went wrong and the tunnel which was started to be dug from two

ends failed to join in the midst. Owing to the loss of time and finance the British Government

levied a fine of Rupee 1 on him. He was so ashamed of his failure that he decided to end his life.

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Subsequently he was buried near the incomplete tunnel and as a tribute to his professional spirit the

area was named as Barog after him.

2.2

HISTORICAL EVOLUTION

Subsequent to the sad event of Captain Barog, the further job of digging the tunnel was

taken over by Chief Engineer H.S. Harrington accompanied by a local sage, Bhalkhu, who was

considered to be vested with divine powers of surveying and levelling. Finally in September 1903,

with a total expenditure of Rs. 8.40 lakh the work was completed and the longest tunnel of this

railway line stood in place. This tunnel is the longest of the 103 operational tunnels built on Kalka-

Shimla rail line and measures 1143.61 m long. It takes a train about 2.5 minutes to cross this tunnel

running at a speed of 25 kms. per hour.

Barog railway station is the most attractive station built on the Kalka- Shimla rail route. The

economy of Barog village is primarily dependent upon tourists who come here due to its

picturesque location, cool climate and close vicinity to Chandigarh. Many hotels including hotel

Korrins, hotel Barog Heights and Hotel Pinewood of the HPTDC are operating in Barog.

IMPERATIVES

In view of its excellent geographical location, soothing climate, nearness to the plains of

Punjab and Haryana, premier colonial heritage, panoramic view, natural scenic beauty and

environs, Barog is a major attraction to the tourists coming from plains down below. The planning

and development of Barog Special Area is required to be ensured in accordance with its spatial

planning, environmental and heritage imperatives. The plan document aims to focus on maintaining

the premier character of Barog, as a tourist destination on one hand and unique habitat of local

population on the other.

__________

CHAPTER-3

SPECIAL AREA

3.1

SPECIAL AREA

In order to ensure planned and regulated growth, the State Government extended the

provisions of the Himachal Pradesh Town and Country Planning Act, 1977 to Barog Special Area

vide Notification No. No.TCP-F(5) dated 11.08.2000. Areas upto 100 mtrs. on both sides of the

erstwhile National Highway No.22 starting from the boundary of Solan Planning Area at Nagali

up to boundary of Kasauli Planning Area at Dharampur along with four complete revenue villages

of Barog, Dhagota, Kumarhatti and Dharampur were brought within the ambit of Barog Special

Area. Area. Existing Land Use of the Special Area was frozen under section 15-A of the aforesaid

Act vide State Government Notification No. TCP-F(5)4/2000 dated 11.08.2000, published in the

Official Gazette on 16 April, 2001. Subsequently, the Existing Land Use map/register of Barog

Special Area was prepared and notified for inviting public objections and suggestions vide office

notice no. SADA/Barog Special Area/2001 dated 7.3.2001 which appeared in the Rajpatra on April

16, 2001. The same, after hearing public objections and suggestions, was adopted vide Chairman,

SADA, Barog-cum-Deputy Commissioner, Solan notification no.SADA/Barog/Main file/01-460-

510 dated 2.12.2001.

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Table-1 Area and Population of Barog Special Area in 2011.

Source: (i) Socio- Economic Survey conducted by SADA Barog in 2012

(ii) District Census Compact Disk (CD) for Solan, 2011

3.2

EXTENT OF SPECIAL AREA

Barog Special Area comprises of 574 hectares of land spread over 4 revenue mohals

namely Barog, Dhagota, Kumarhatti and Dharampur plus 100 meters on both sides of National

Highway 5 as well as Solan- Barog- Kumarhatti road, and 50 meters on both sides of Dharampur-

Subathu road. The Special Area is spread in 3 panchayats namely Chewa, Barog and Dharampur.

3.3

BOUNDARIES OF BAROG SPECIAL AREA

EAST:

Starting from the outer boundary of Solan Planning Area at Shamlech 100 meters on

the left/valley side of N.H.5, continuing with 100 meters on the left/valley side up to

village Kalol.

Sr.

No.

Name of revenue village

Hadbast

No.

Area in

hectares

Population

as per

cencus

2011

Patwar

Circle

Barog

801

124

638

Barog

Dhagota

798

102

Barog

Kumarhatti (Khali)

796

411

Barog

Dharampur (Sihardi

Musalmana)

769

715

Dharampur

100 mtrs. on either sides of

National

Highway-22

(Now

National Highway- 5) (starting

from the boundary of Solan

Planning Area at Shamlech up to

the boundary of Kasauli Planning

Area at Dharampur)

313

420

100 mtrs. on either sides of the

H.P.P.W.D.

scheduled

road

namely Kumarhatti-Barog-Solan

from Kumarhatti to Nagali

330

50 mtrs. on either side of the

road from the edge of acquired

width along Dharampur- Subathu

road starting from Dharampur

Bazar up to Shiv temple

410

Total ..

574

3026

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SOUTH:

Starting from village Kalol 100 meters on the left/valley side of N.H.5 to village Runan

Ghoron up to the outer (southern) boundary of village Khali (Kumarhatti) Hadbast no.

796, continuing with 100 meters on left/hill side of N.H. 5 up to Shiv temple.

WEST:

Starting from Shiv temple with 100 meters on left/hill side up to the outer (southern

and western) boundary of village Sihardi Musalmana(Dharampur), Hadbast no. 768

complete up to the boundary of Kasauli Planning Area, 50 meters on the left side of

Dharampur-Subathu road up to Shiv temple, then turning back with up to 50 meters on

the left side of this road up to Dharampur bazar, then following N.H.5 up to 100 meters

on left/hill side of this highway up to village Khali(Kumarhatti) Hadbast no. 796.

NORTH: Starting from the western boundary of village Khali(Kumarhatti) Hadbast no. 796 up

to 100 meters on the left side of Kumarhatti-Barog road up to the outer (western and

northern) boundary of village Dhagota Hadbast no. 798, up to 100 meters on left side

of Kumarhatti-Barog road upto the outer(western and northern) boundary of village

Barog Hadbast no. 801, then following Barog-Solan road up to 100 meters on the

left/hill side of this road up to Nagali, turning back along this road up to 100 meters on

left side of the road up to the eastern boundary of village Barog Hadbast no. 801.

3.4

SHAPE AND SIZE OF SPECIAL AREA

Barog Special Area comprises of 4 complete revenue mohals. Besides this it covers areas on

both sides of various roads in the Special Area. The area is spread over 6 kilometers along Solan-

Barog road from Nagali upto Kumarhatti, 10 kilometers along N.H.5 from Shamlech near Solan up

to Dharmapur and just 1 kilometer along Dharampur- Subathu road. The Special Area measures

nearly 8.5 kilometers along East-West axis and from 220 meters to 1.8 kilometers along North-

South axis.

3.4

SETTING

Barog is located on 30º53'24’’ and 77º04’55’’, at an altitude of 1560 meters above the mean

sea level. Situated in the outer Himalayas, Barog Special Area offers a fascinating view of the

Choor Chandni Peak and upper Himalayas. It is directly accessible from Chandigarh, Nalagarh and

Solan. Barog is 65 Kms. from the State Capital Shimla and is about 60 kms. from Chandigarh. Till

2003, the erstwhile National Highway-22 connecting Chandigarh with Shimla used to pass through

Barog. On 6^th December 2003, the new section of the highway was inaugurated that now connects

Kumarhatti directly to Solan via Shamlech, Anji and Rabon, thus bypassing Barog. This was done

to avoid the steep incline to Barog from Kumarhatti.

3.5

IMPERATIVES

As the provisions of the Himachal Pradesh Town and Country Planning Act, 1977 are not

applicable to Dagshai Cantonment town, Barog Special Area has no urban settlement in it. The area

in question is witnessing linear growth as the settlements are mostly spread along major roads.

Thus the Development Plan for Barog Special Area has got to be different from routine

Development Plans prepared or being prepared by the Town & Country Planning Department,

Himachal Pradesh for various Planning/Special Areas of the State.

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LOCATION MAP

Figure 1: MAP OF INDIA Figure 2: MAP OF HIMACHAL PRADESH

Figure 3: MAP OF SOLAN DISTRICT

Figure4: MAP OF BAROG SPECIAL AREA

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CHAPTER-4

REGIONAL SCENARIO

4.1

REGIONAL PERSPECTIVE

Barog derives its name from Barog, an engineer involved in building railway track in 1903.

It is now a vibrant settlement, having multifarious activities like tourism, education, health and

institutional establishments. Broadly Barog is a part of the influence zone of Solan town. Being

located at a distance of just 4 kms from Dohri Dwar at Saproon, it depends on Solan town for

varios specialized activities like health, education, transport etc.

4.2

REGIONAL LINKAGES

Barog is frequently visited by the tourists, due to its commanding view and scenic environs.

It is linked by roads with the National Highway and Solan-Barog-Kumarhatti road. The nearest

broad gauge railway station at Kalka is 40 kilometre away. The narrow gauge railway station is

available at Barog itself.

4.3

REGIONAL RESOURCES

Agriculture, horticulture and tourism are the mainstay of the economy of this region. The

geo-climatic features of this region are very much congenial for the development of commercial

farming and horticultural pursuits. During recent years, commercial farming has become a prime

concern of economy of this region.

4.4

REGIONAL IMPERATIVES

It is important to assess the significance of Barog Special Area in the regional context.

__________

CHAPTER-5

PHYSICAL AND ENVIRONMENTAL CONSIDERATIONS

5.1.1

PHYSIOGRAPHY

Barog Special Area spreads over Barog range of upper Shivaliks along East-West direction. It

is hilly in character with pockets of Government as well as private forests, nallahs, steep slopes,

terraced fields and meandering roads.

5.2

CLIMATE

Barog is a small hill station situated at an altitude of 1560 mtrs. above mean sea level, cool in

summer, gets occasional snowfall in winters. Due to its height, temperature ranges between 15 to

30^oC during summer and between 5 to15^oC during winters.

5.3

FLORA

Barog hills are covered with conifers and many varieties of coniferous or deciduous trees.

Every specie has its own time of leaf shedding and as such, at no particular time the forests are

absolutely bare. Some of the deciduous trees shed their leaves for about six to eight weeks in hot

weather to avoid transpiration from their broad leaves. The trees are medium to tall in height. The

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area has forests of hard wood. In general, the forests are less resistant to fire. Barog is clothed

heavily with conifers in which resin rich Chil trees (Pinus Longifolia) dominate. The common trees

of the area are White Leafed Oak (Quercus Incana), Silver Oak (Grevillea Robusta), Deodar

(Cedrus Deodara), ‘Kainth’ (Pyrus Variolosa), ‘Paja’ (Prunus Padum), ‘Kharak’ (Carpinus

Species), ‘Kakar’ (Pistachia Integerrina), ‘Simbal’ (Bombax Malabaricum) and wild cherries. Some

fruit trees namely plum, apricot etc. are common in this area.

5.4

FAUNA

In this area Leopards (Panthera Pardus) occasionally visit. The Leopard-Cat (Felis

Bengalensis) and the Jungle Cat (Felis Chaus) were also common. Red-Monkeys (Rhesus Monkey)

were numerous and in winter months the station was visited by large hill ‘Langurs’ (Presbytes

Schistaceus). ‘Gural’ (Nemorrhoedus Goral) were common.

While ‘Kakurs’ (Muntiacus Muntjak) and Wild Boar (Jangle Soor) were a common sight in

the scrub jungle, large Pine Marten visited occasionally. Flying Fox (similar to the Squirrel) which

moves during night from tree to tree was also plentiful.

As regards game birds, Barog was fairly well off. The white-crested Kalij Pheasant

(Gennacus Albocristatus), Red Jungle Fowl (Gallus Ferruginous), Painted Sandgrouse (Pterocles

Fasciatus), Jungle Bush Quail (Perdicula Asiatics), Black Patridge (Francolinus Vulgaris), Grey

Patridge (Francolinus Pondicerianus) and Imperial Sandgrouse (Pteroclurus Arenarius) were found

abundantly. The fauna is on the decline with the increased traffic and residential/commercial

activities.

5.5

GEOLOGY AND SOIL

The band of conglomerates, sandstone and clay, which run through the Himalayas along

their outer margin is known to geologists, as the sub-himalayan zone and rocks of this zone fall into

two well-marked sub-divisions, known as the Sirmour and Shiwalik series, respectively. The rocks

under the Sirmour group of Eocene to Miocene age comprise of shale with layers of limestone,

sandstone, clay and local pebble beds. Morphologically, this area lies in Himalayan Fore dip zone

forming structural ridges and valleys. It forms part of the sub-himalayan belt of soft to moderately

hard sedimentaries of Engineering Geological Province. Based on engineering properties, the rocks

have been categorized as soft to moderately hard sandstone, shale and boulder conglomerate. As

per Seismic Zonation map of India, the area under question lies in Zone-IV and the same is

susceptible to low intensity earthquakes.

The uppermost stage of the Sirmour series is exposed at Barog and consist chiefly the

sandstone and it belongs to the Tertiary state. The upper Shiwaliks correspond with the Pliocene of

Europe, while the evidence afforded by fossils correlates the Subathu stage with the Eocene and the

Barog stage with the Miocene.

A well preserved, diverse assemblage of flora and fauna was excavated in and around

Barog. These fossils hold testimony to the fact that these hills were once inhabited by a large

number of apes, tigers, elephants, hippos, giraffes, crocodiles and land tortoises. These mammalian

fossils have helped Paleontologists to solve the mysteries of the evolution of pre-historic life and

deduce the details about the climate and environment during the Miocene Age.

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Geologically, Barog Formation represents one of the mega bio-geological events in the past,

which led to the present evolution of the Himalayas. The plant fossil assemblages discovered here

are referable of the Palmacites, Sabalites, Clinogyne, Paocites, Bauhinia, Syzygium, Garcinia,

Gluta and Combretu.

5.6

ENVIRONMENTAL CONCERNS

People from the plains of Punjab, Haryana, Chandigarh and Delhi prefer to visit or settle in

the area. The stakeholders from various walks of life including businessmen, real estate builders

and hoteliers have been purchasing land in the Special Area. In the process of development, the

environment and ecology of the area have been threatened by the forces of urbanization thereby

leading to the following ills:-

Felling of trees has led to reduction in vegetal cover and thereby denudation of hills.

ii)

Hill slopes are getting disfigured on account of unscientific excavation. Hill cutting

by blasting is damaging air, water, soil and tree cover.

iii)

Nallahs are getting choked due to the debris being dumped therein.

iv)

Private parties have been drilling bore-wells and the same have led to lowering the

level of ground water table as well as drying up of spring sources.

Many multi-storey structures have come up in different parts of Barog Special Area,

which act as eyesores upon the townscape.

vi)

Concrete culture is ruining the architectural ethos of this area.

vii)

There is an acute shortage of parking places in the Special Area.

viii)

Many ‘dhabas’, guest houses and hotels have come up on the road side which

sometimes look awkward.

ix)

The area lacks sanitation since local panchayats as well as SADA Barog lack

finances and resources meant for this purpose.

Non-conforming structures are hazardous.

xi)

Traffic congestion is causing vehicular pollution.

xii)

The commercial projects are disturbing ecology by altering land use and felling of

trees and the same are getting exposed and thereby leading to desertification as well

as land slides.

xiii)

The multi-storey reinforced cement concrete structures in the area are susceptible to

landslides.

xiv)

There are serious threats to the availability of water on account of sand and stone

mining, tree felling, forest fires and soil erosion.

5.6

EYESORES OF BAROG

There are some pockets in Barog Special Area, which have developed in a haphazard

manner and have thick development. These pockets are eyesores amidst the natural landscape

around them. The major eyesores of Barog are Barog bazar , Kumarhatti bazaar and Dharampur

bazar.

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5.7

IMPERATIVES

The quality of environment in Barog Special Area is deteriorating on account of day to day

influx of population and development activities. The balance between human activities, on one

hand as well as ecology and environment of Barog Special Area, on the other, is required to be

struck. It is imperative that development is ensured in accordance with terrain conditions,

sustainability of the area, norms and standards of spatial planning and regulatory measures.

__________

CHAPTER-6

DEMOGRAPHIC CHARACTERISTICS

6.1

POPULATION GROWTH

Population of Barog Special Area was 2,452 persons as per 2001 census. It further increased

to 3,026 persons as per 2011 census and socio- demographic survey conducted by SADA Barog for

Barog Special Area in the year 2012.This means that there has been a growth rate of 23.40%

during the decade 2001-2011.The growth rate of overall population in Himachal Pradesh over the

same period was 12.94% whereas the growth rate of urban population in this State has been

15.61% during the decade 2001-2011. The population and growth rates of various towns falling

within Solan District are as under:—

Table 2- Population and growth rates of towns in Solan District

Sr. No. Town

Population

Growth rate

2001-2011

2001

2011

Arki (NAC)

2877

3040

5.66%

Nalagarh (MC)

9443

10708

13.39%

Subathu (CB)

5719

3685

-35.56%

Solan (MC)

34206

39256

14.76%

Dagshai (CB)

2750

2904

5.6%

Parwanoo (NAC)

8609

8758

1.73%

Kasauli (CB)

4990

3885

-22.14%

Baddi (MC)

22601

25639

13.44%

Source: District Census Handbook, 2001 and District Census Compact Disk (CD), Solan 2011

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Cantonment towns usually have lower growth rate of population on account of strict control

on transaction of land and construction activities. The land is vested with the Central Government

and is made available to private individuals on lease basis only. However even with respect to other

urban settlements falling in Solan District, the growth rate of Barog Special Area has been quite

high. This can be attributed to the constitution of Barog Special Area which comprises of 4

complete hadbast numbers situated along prime roads as well as 100 or 50 meter wide strips along

three important roads. All these roads are witnessing intense urbanization on account of coming up

of hotels, show rooms, educational institutions, apartments plus commercial establishments etc.

6.2

SCHEDULED CASTE POPULATION

Barog Special Area has a population of 585 persons in the scheduled caste category which

amounts to 19.33 percent of the total population. The same is lower than the corresponding figure

of 30.90 percent for the State of Himachal Pradesh.

6.3

SEX RATIO

There are 1,507 females against 1,519 males as per 2011 census and socio- demographic

survey conducted for Barog Special Area where as 33,82,729 females against 34,81,873 males as

per 2011 census of the State. The sex ratio works out to 992 females per 1000 males as against 971

females against 1000 males in Himachal Pradesh.

6.4

LITERACY

Out of the total population of 3,026 persons in Barog Special Area in 2011, there were

1,609 literates, which amounts to 53.17 percent. The same is lower than 73.41 percentage of the

State. The lower percentage of the literates is due to migration of illiterate workers engaged in road

side dhabas, hotels and transport activities etc. The comparison of male and female literates in

Barog Special Area and Himachal Pradesh State is as under:—

GROWTH RATE OF VARIOUS TOWN IN DISTRICT

SOLAN (2001-2011)

5.66

13.39

-35.56

14.76

5.66

1.73

-22.14

13.44

-40

-30

-20

-10

Arki (NAC)

Nalagarh (MC)

Subathu (CB)

Solan (MC)

Dagshai (CB)

Parwanoo (NAC)

Kasauli (CB)

Baddi(MC)

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Table 3- Comparison of male and female literates in Barog Special Area and Himachal Pradesh in

2011 (percentage)

Item

Barog Special Area

Himachal Pradesh

Male literacy rate

57.41

79.05

Female literacy rate

48.83

67.61

Total literacy rate

53.17

73.41

Source: (i)

District Census Compact Disk (CD), Solan, 2011

(ii) Himachal Pradesh Census Compact Disk, 2011

(iii) Socio-demographic survey conducted by SADA,

Barog in 2011.

6.5

NUMBER OF WORKERS

Out of the total population of 3,026 persons in Barog Special Area, there are 788 workers.

The same works out to 26.04 percent of total population. Out of 788 workers, 574 are males and

214 females. The comparison of male and female workers in Barog Special Area and Himachal

Pradesh is given as under:—

Table 4- Comparison of male and female workers in Barog Special Area and Himachal Pradesh

(percentage)

Item

Barog Special Area Himachal Pradesh

Male workers

37.78

58.00

Female workers

14.20

44.82

Total workers

26. 04

51.85

Source: (i) District Census Compact Disk (CD), Solan, 2011

(ii) Himachal Pradesh Census Compact Disk, 2011

57.41%

48.43%

79.05%

79.61%

Male literacy rate in Barog

Special Area

Female literacy rate Barog

Special Area

Male literacy rate in H.P

Female literacy rate in H.P

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6.6

IMPERATIVES

Barog Special Area has a population of just 3,026 persons as per 2001 census and socio-

demographic survey conducted by SADA, Barog for Barog Special Area in the year 2012. This

population is spread over an area of 574 hectares.

__________

CHAPTER-7

TRADE AND COMMERCE

7.1

STATUS OF SHOPS

As per survey conducted by the department, there are 478 shops and 10 rehris in Barog

Special Area. Mostly these shops are existing along the National Highway-22, Barog- Kumarhatti

road and Dharampur- Subathu road. General size of shop is 3.0 mtr. X 3.0 mtr., having an area of

9.00 sqm of each shop.

7.2

TYPES OF SHOPS

The shops are mostly one and two storeyed in this area. For wholesale and specialized

shopping activities, people have to go to Solan and Kalka towns. Out of 478 shops, 141 are daily

needs, 38 dhabas type, 89 of karyana and cloth and remaining are of other types.

7.3

IMPERATIVES

Barog Special Area with a small size of population of 3,026 persons is sparsely scattered

over a large spatial extent. The commercial facilities existing at the moment are almost sufficient

for the future requirements of the SpecialAarea. A sabzi mandi also exists at Dharampur.

37.78%

14.20%

58%

44.82%

Male worker rate in Barog

Special Area

Female worker rate in

Barog Special Area

Male worker rate in H.P

Female worker rate in H.P

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CHAPTER-8

TOURISM AND INDUSTRY

8.1

TOURISM

Barog, though a little place, is emerging as a lovely holiday attraction to spend a day in. It is

the temperature difference, an offer of a charming view and peaceful environment that attract an

individual from the hotter plains down below.

8.2

TOURIST’s ATTRACTIONS

Barog's attractions include railway station which is the most attractive one on the Kalka-

Shimla railway line and also has the longest tunnel which is over a kilometer long. In the past

couple of decades, Barog has emerged from a mere stop over on the highway to a popular

destination. Surrounded by pine forests and views of valleys and the peak of Choor Chandi, this is

also a convenient weekend getaway from Delhi, Punjab and Haryana region. The salubrious

climate accentuated with cool breeze, provides great solace to the heat stroked people from the

plains.

8.3

TOURIST TRAFFIC

Data from secondary sources indicates that about 3,000 tourists from different walks of life

visit Barog on a day during peak in the summer season. The general mode of travel to Barog is by

car/taxi. On an average around 300 taxis enter the Special Area. There are 200 regular buses

passing through Barog from Delhi, Punjab, Haryana and Kasauli region. Out of total, 150 are

Government and 50 are private buses. Moreover, about 25 to 30 tourist coaches also touch the

special area in peak season daily.

8.4

STAY OF TOURISTS

Being in the vicinity of plains, visit to Barog involves less travel time and travel cost. It has,

therefore, emerged as a day time tourist destination. On account of location of the settlement in the

vicinity of Chandigarh as well as plains, it has acquired character of a day time tourist destination.

About 20% of the tourists stay at Barog for just a day. About 30% tourists stay for 2 days.

8.5

TOURIST ACCOMMODATION

Accommodation for night halt for tourists is available both, in hotels as well as resorts in

the Special Area. As per survey, there are around 72 suits rooms with a total of 134 double beds

available to the tourists in the Special Area. This includes Hotel Pine Wood being run by the

Himachal Pradesh Tourism Development Corporation.

8.6

TOURIST OCCUPANCY

The overall occupancy in tourism units is around 80% during peak season. However, the

same is below 20% in general.

8.7

TREND OF TOURISM DEVELOPMENT

Generally, tourist activities have come up along the roads. Hotels, guest houses, home stay

units, restaurants, dhabas, tea and coffee shops have emerged almost along the entire N.H. 5

(Dharampur to Solan) as well as Kumarhatti - Barog- Solan road.

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8.8 INDUSTRY

There are a few small industries in Barog Special Area namely Oystev Pharma Pvt. Ltd.,

S.P.B. Pharma Pvt. Ltd., Ross Robinns Biotech Pvt. Ltd. and Shubham Industry. Oystev Pharma

industry has 32 workers; S.P.B. Pharma Pvt Ltd. has 100, Ross Robinns Biotech 31 and Shubham

Industry 10 employees. Thus total number of workers in these units is 173.

8.3

IMPERATIVES

Since there is an acute shortage of water in Barog Special, as a principle more hotels,

restaurants and resorts should not be encouraged. Hence, it is imperative to put certain restrictions

in terms of location and other restrictions while allowing any such proposals in future. The

industrial facilities existing at the moment are almost sufficient for the future requirements of

Special Area.

__________

CHAPTER-9

HERITAGE

The entire Kalka-Shimla railway line stands declared as world heritage by UNESCO. This

rail line is a classical piece of engineering in itself. It is our foremost duty to protect and preserve

every inch of this line along with the beautiful railway stations constructed along it. The track was

laid in the early 19^th century and boasts of the same glory today.

Besides the railway line plus stations on it, there is hardly any building or area which can be

stated to be of heritage significance in so far as Barog Special Area is concerned.

Barog railway station

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CHAPTER-10

FACILITIES AND SERVICES

10.1

EDUCATIONAL FACILITIES

Presently there are total 3 primary schools in Barog Special Area. One primary school is

located each at Barog, Kumarhatti and Dharampur. There is one middle school and 2 high schools

at Kumarhatti. There is one senior secondary school located at Dharampur.

10.2

MEDICAL FACILITIES

Presently there is one Ayurvedic dispensary at Kumarhatti and one at Barog. There is also a

private Homeopathic medical college at Kumarhatti. Nearby at Sultanpur there is a private medical

college as well as hospital which are barely 5 kilometers from Kumarhatti.

10.3

POSTAL AND TELECOMMUNICATION SERVICES

There are 3 sub-post offices providing postal services to the people of Barog Special area.

The same are located at Barog, Kumarhatti & Dharampur. A telephone exchange also exists at

Dharampur.

10.4

FIRE STATION

There is no fire station existing in the area. A fire station already exists at Solan which is

conveniently near to Barog Special Area.

10.5

BANKING FACILITY

Presently there are 4 bank branches operating at Kumarhatti namely Bank of Baroda, UCO

Bank, SBI, UCO Bank & Oriental Bank of Commerce and and ATM’s of 6 banks namely PNB,

UCO, Bank of Baroda, SBI, Axix bank and Oriental Bank of Commerce. At Dharampur there are 6

bank branches namely HDFC, PNB, Jogindra Bank, State Bank of Patiala, Central Bank of India

and ING vyas and ATM’s of 3 bank namely HDFC PNB ING vyas.

10.6

IMPERATIVES

As per the present population of Barog Special Area, basic social and services infrastructure

seem to be adequate. For medical facilities most of the people prefer to go to the zonal hospital at

Solan, Maharishi Markandeshwar University at Sultanpur near Kumarhatti, Dental collage at

Tatool and TB hospital at Dharampur. However community halls a stadium are required to be

provided in the Special area.

___________

CHAPTER-11

BASIC SERVICES INFRASTRUCTURE

11.1

WATER SUPPLY SYSTEM

The sources of water supply in Barog Special Area are springs and Giri river. The military

as well as civil population of Barog, Kumarhatti and Dharampur are being served water by these

sources. The total supply is 3.5 to 4 lakh litres per day and @70 litres per capita per day.

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11.2 WATER SUPPLY SCHEMES FOR SPECIAL AREA

There is no new scheme for water supply planned by the I& PH department in respect of

Barog, Kumarhatti or Dharampur settlements for near future. Presently LWSS Sumti, Dagroh and

Giri river are serving the people of Barog Special Area.

11.3

CONSTRAINTS OF WATER SUPPLY

Barog is likely to witness continuous shortage of water supply, as there is no new scheme in

the offing. It is therefore, not desirable to allow major commercial establishments, apartments,

tourism and industry projects in Barog Special Area unless an independent arrangement of own

water supply or source is guaranteed by an enterpreneur or developer to the satisfaction of the

competent authority. No water demand for any commercial functions, industries and hotels has

been considered by the I&PH department while arriving at the design population.

11.4

SEWERAGE

There is no organised sewerage system in Barog Special Area. Individuals and institutions

have constructed their own septic tanks. Presently, there is no proposal of I & PH department for

providing sewerage system for any of the settlements located in Barog Special Area.

11.5

STORM WATER DRAINAGE

There is no organised system for storm water drainage in Barog Special Area. Gram

Panchayats construct drains along paths and streets in an isolated manner subject to the availability

of funds. However, along major roads, the Public Works Department constructs culverts, cross

drains and side drains to ensure proper drainage in accordance with topography of land.

11.6

ELECTRICITY NETWORK

At present, there is no electricity sub-station established in Barog Special Area. Various

settlements falling in the said area are being served through two sub-stations existing at Garkhal

and Saproon. There are approximately 12,000 consumers under these sub-stations out of which

nearly 20 % consumers are covered in this Special Area. The HPSEBL has mooted a proposal for

establishing a new sub-station at Gandhi Gram near Kumarhatti in view of upcoming educational

complexes around Kumarhatti.

11.7

SOLID WASTE DISPOSAL

Presently, there is no organised solid waste management system within Barog Special Area.

Efforts in isolation are being made by Gram panchayats Barog, Kumarhatti and Dharampur for

collection and lifting of solid waste from these bazaars. Earlier SADA Barog did a nice job in this

direction. However since the said authority is hardly getting any funds, it is not in a position to do

so now.

11.8

IMPERATIVES

Barog Special Area has inadequate infrastructural base in terms of water supply, sewerage,

drainage and sanitation. It is, therefore, imperative to strengthen the basic infrastructure of the area.

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CHAPTER-12

GOVERNMENT OFFICES AND INSTITUTIONS

12.1

GOVERNMENT OFFICES

A Sub-Division of Himachal Pradesh State Electricity Board is at Dharampur, which looks

after running and maintenance of power networks in the Area. A telephone exchange, Elementary

Education Office and Forest Depot are also at Dharampur, a Patwar Khana and IPH Guest house

are at Kumarhatti. A Police Station, Sub-Division of I&PH and Block Development Office are

located at Dharampur however, these offices are not covered in the jurisdiction of Barog special

Area but serve the people of this area and are nearest from this area.

12.2

INSTITUTIONS

There is a Homeopathic Medical College at Kumarhatti. Manav Bharti University and

Maharishi Markandeshwer University at Bohli near Kumarhatti, and Dental Collage at Tatool are

also serving this area however these universities do not fall within the jurisdiction of Barog Special.

___________

CHAPTER-13

TRAFFIC AND TRANSPORTATION

13.1

EXISTING ROAD NETWORK

National Highway-5 acts as a life line for tourists coming from Chandigarh as well as

Shimla. Four laning of the highway is likely to give relief to tourist traffic which is in the offing.

There are 2 other important roads running through the Special Area i.e Kumarhatti-Barog

road and Dharampur-Subathu road. The width of these road is 7 to 10 mtrs.

Kumarhatti Bazar with 5 roads converging on it is a big traffic bottleneck. The roads which

emanate from this point are Solan Kumarhatti via Barog, National Highway, Dharampur-

Kumarhatti, Kumarhatti-Nahan and Dagshai Cantonment road.

13.2 PARKING FACILITIES

Buses, taxis, cars and trucks stop anywhere in the bazaar areas. The roads have less width

than required. There are neither proper bus stops nor loading and unloading spots. Car and taxi

parking lots are missing. The traffic jams on roads are quite common and the same result into

delays. Improvement of junctions at Kumarhatti, Dharampur are required to be undertaken. As the

vehicles are parked on the road side, the same reduce the carrying capacity of the roads. Road side

parking makes journey risky and hazardous.

The violations of section-16c of the Himachal Pradesh Town and Country Planning Act,

1977 have led to haphazard creation of plots without proper roads and approaches. In the absence

of proper roads, those persons who have acquired haphazard or zig-zag ‘Khasra’ numbers are not in

a position to ensure proper access and accordingly parking of their vehicles has become

problematic.

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13.3

TERMINAL FACILITIES

(a)

Bus-stops

There is no bus stand in the Special Area. The distance of District Headquarters at Solan is

not too long to propose a bus-stand. Therefore bus-stops have been proposed at Barog, Kumarhatti

and Dharampur bazaars.

(b)

Taxi Stand

The vehicle owners and taxiwallas park their vehicles on the main road. There are approx.

20 taxis at Kumarhatti and about 40 in Dharampur. A parking lot is required to be developed near

Kumarhatti Bazar so that this area is made free from idle parking. A taxi stand is already at

Dharampur. The same need to be organised properly.

13.4 RAILWAY LINE AND RAILWAY STATIONS

Barog also falls on the internationally popular Kalka-Shimla narrow gauge (toy train)

railway line. It passes through 4 tunnels. The distance of railway line from Kumarhatti Railway

station to Dharampur is approximately 15 kms. and width 0.76 mtrs. 3 Railway stations are

available in this area at Barog, Kumarhatti and Dharampur.

13.5

IMPERATIVES

Roads and streets are not capable to cater for the traffic volume, which has increased

manifold during last several years. The roads are generally occupied by road side parking of

vehicles, stacking of construction material, articles of shop keepers kept on the carriage way and

projections of commercial establishments over roads. Therefore, local bodies and law enforcement

agencies have to ensure stringent action against violators in the larger public interest, so that roads

are kept free for public and vehicular movement. In order to ensure smooth flow of traffic, the

following measures are required to be taken:-

i) Provision of bus-stops and a parking lot be made at Barog Kumarhatti and Dharampur

bazars.

ii) Improvement of junctions

iii) There is trend of constructions to come up right on the road side. Such a trend is

required to be discouraged and prevented. In order to cope up with parking

requirements, provision of parking floor as well as parking in accordance with

imperatives of various uses are warranted.

iv) Barog being a tourist place, atourist trek has been proposed from Barog to Barog

railway station.

v) A road from N.H-5 (near Hyundai) to Barog railway station has been proposed

vi) Four Laning of National Highway-5.

__________

CHAPTER-14

EXISTING LAND USE AND REQUIREMENTS

14.1

EXISTING LANDUSE

Generally development has come up in entire Barog Special Area barring forest areas,

nallahs and steep slopes. Development has also come up in ribbon fashion along major roads.

However entire Special Area is urbanized as on this day. This is because of tourism potential as

well as apartment culture. Lot of non-himachali people have bought lands or cottages or flats in the

Special Area

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Table 5-Existing Landuse Structure-2012

Source: Survey conducted by SADA, Barog

14.2 LANDUSE PATTERN

The above table reveals that the residential area dominates the landuse structure. Out of

total area of urban uses, 70 percent area is under the residential use. Traffic and Transportation

accounts for 23.53 percent of the total area. Public and Semi-Public use including educational,

health facilities, Government and Semi-Government Offices comprises of 1.18 percent of the total

area. There are no organized parks and open spaces.

14.3

ADDITIONAL REQUIREMENTS

Additional requirements of various landuses of Barog Special Area have been worked out

as under:-

Table-6. Additional Landuse Requirements for 2031

Sr. No. Landuse

Area (in Hectares)

%age of total area

Residential

119

Commercial

- Shops

- Hotels

2.94

1.76

Industrial

0.59

Public

Semi-Public

including

facilities and Government & Semi-

Government Offices.

1.18

Organized parks and open spaces

---

Traffic & Transportation (roads, railway

line, terminals and parking).

23.53

Total Urban Uses

170

100%

Vacant land, steep slopes and nallahs

179

---

Forests

225

---

Total Special Area

574

---

Sr. No. Landuse

Area (in Hectares) %age of total area

Residential

12.19

Commercial

- Shops

- Hotels or Restaurants

Industrial

Public and Semi-Public Use including

facilities.

3.66

Organized parks and open spaces

6.10

Steep Slopes

7.32

Traffic & Transportation (roads, railway

line, terminals and parking).

70.73

Total

100%

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14.4

IMPERATIVES

The growth until 1990 was in the shape of isolated, thick and piecemeal clusters or pockets.

The recent developments however, are in the form of linear or ribbon shape along the major roads.

Such development is not conducive for ensuring holistic and sustainable development of the area.

This trend has to be discouraged by promoting development of social and economic infrastructure

equitably in the entire Special Area and thereby ensuring organized development involving less

investment and thus low prices of built properties. Mechanism along the major roads is required to

be enforced. Planned and systematic development, in accordance with ecological imperatives, is

warranted to ensure the premier character of the town. This Development Plan document strives for

ensuring systematic, sustainable and holistic development of the area, addressing the requirements

of local inhabitants as well as tourists. Keeping in view perspective requirements of the plan period,

proposed landuse has been worked out to ensure balanced and eco-friendly development. The

central idea that no new commercial venture negatively affects the already residing local population

and existing tourist as well as other establishments is required to be kept in view, during

finalization of the Plan document.

____________

CHAPTER-15

PLANNING AND DEVELOPMENT PROPOSALS

15.1

PERSPECTIVE

Barog is likely to witness continuing shortage of water supply, as there is no new water

supply scheme in the offing. It is, therefore, imperative that only such commercial activities be

allowed in the Special Area which are in the interest of residents and tourist population and shall

require less water. It is therefore, not possible to allow major commercial establishments,

apartments, tourism and industry projects in Barog Special Area unless an independent

arrangement of own water supply or source is guaranteed by an enterpreneur or developer to the

satisfaction of the competent authority. No water demand for any commercial functions, industries

and hotels has been considered by the I&PH Department while arriving at the design population.

The State Tourism Department has imposed restrictions on allowing hotels and guest

houses, in view of saturation of the area. Only such tourist projects, which are going to act as asset

to Barog Special Area, shall be allowed, provided that the stakeholders thereof are in a position to

meet with their entire water supply requirements through rain harvesting or alternate measures and

the same are endorsed by the Tourism Department. The apartments may be allowed at strategic

locations, in an eco-friendly manner, involving least hill cutting, provided that the builders thereof

shall ensure their own water supply. However, no connection to such projects shall be given from

Public Water Supply Schemes, meant for the resident population and already existing activities and

establishments.

15.2

PROPOSED LANDUSE

15.2.1 Residential Use

Total population of Barog Special Area is 3026 persons as per 2011 census. It is anticipated

that population of Special Area 23.40 percent growth rate shall increase from 3026 to 4600 persons

by plan year 2031. Therefore 21 hectare area has been proposed for residential use.

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15.2.2 Trade and Commerce

As trade and commerce activities including shops are already more than adequate for the

year 2031, the same are not required to be proposed in the plan document.

15.2.3 Hotels and Restaurants

As hotel and restaurant activities including shops are already more than adequate for the

year 2031 the same are not required to be proposed in the plan document.

Essential tourist infrastructural facilities like urinals, toilets, rain-shelters, sitting spaces or

platforms are proposed to be provided at strategic locations in the Special Area. This is imperative

so as to provide road side amenities for the tourists visiting this area

15.2.4 Industrial use

The industrial facilities existing at the moment are almost sufficient for the future

requirements of Special Area therefore the same are not required to be proposed in the plan

document.

15.2.5 Facilities and services

(i)

Educational Facilities

Educational facilities are adequate for the year 2031, the same are not required to be

proposed in the plan document

(ii)

Medical Facilities

For medical facility mostely people go to city hospital at Solan, Maharishi

Markandeshwer University near Kumarhatti , Dental collage at Tatool and TV

Hospital at Dharampur. No further facilities are required in Barog Special Area.

However a tauma Centre needs to be sit up on N.H. 5 to cater to fatal accidents.

(iii)

Post Offices

One post office each exiting at Barog, Kumarhatti and Dharampur are adequate for

the future requirement, therefore same are not required to be proposed in the plan

document.

(iv)

Community Hall

One community hall–cum wedding place each has been proposed at Barog,

Kumarhatti and Dharampur. A Stadium has also been proposed at Dharampur near

Sen. Sec. School Dharampur.

(v)

Bank

One branch of the bank is required to be opened at Barog. Therefore the same has

been proposed.

15.2.6

Parks and open spaces

An area of 5 hectares has been proposed under Parks and Open Spaces in three pockets

namely at Nagali, at Patta Mour near Shiv temple and in Dharampur.

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15.2.7

Traffic and transportation

15.2.7.1

Proposed Roads/trek

i) It is proposed to widen Kumarhatti and Dharampur Bazaar roads, as these links to

different directions emanating from here. Though it would involve huge cost, yet the

step has to be taken in phases in the larger public interest, by paying compensation

to the owners and shopkeepers. Their rehabilitation shall also have to be ensured.

ii) Barog being a tourist place, tourist trek has been proposed from Barog to Barog

railway station.

iii) A road from N.H-5 (near Hyundai) to Barog railway station has been proposed

iv) Four laning of National Highway-5.

15.2.7.2

Parking

To cope up with the parking pressure, it is proposed to develop an organised taxi stand-

cum-parking lot at Kumarhatti and Dharampur bazars

15.2.7.4

Other Traffic Proposals

(i)

Planned bus stops are proposed at Barog, Kumarhatti and Dharampur.

(ii)

No truck or matador shall be allowed to be parked in the bazar area between 9.00

A.M. to 8.00 P.M. throughout the year. For loading and un-loading, specific spots

shall be earmarked.

(iii) Traffic Operation Plan (TOP’s) shall be prepared in respect of Kumarhatti and

Dharmapur bazaar.

Table-7. Table-9.Proposed Landuse Structure-2031

Sr. No.

Landuse

Area (in Hectares)

%age of total area

Residential

129

51.20

Commercial

- Shops

- Hotels or Restaurants

3.17

1.19

1.98

Industrial

0.40

Public and Semi-Public Use including

facilities

1.98

Organized parks and open spaces

1.98

Steep Slopes

2.38

Traffic

Transportation

(roads,

railway line, terminals and parking)

38.89

Total

252

100%

Vacant land, steep slopes and nallahs.

Forest

225

Total

574

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CHAPTER-16

PHASING, COSTING AND IMPLEMENTATION

16.1

PERSPECTIVE

16.1.1 The Development Plan is a document of public, community, Panchayati Raj

Institutions and the Government Departments. It is a document meant for present and future

generations. The Plan envisages for planned and sustainable development of Barog Special Area.

16.1.2 Implementation of the plan has inevitably to be done through joint efforts of the

public-private partnership, Development Authority, Gram Panchayats, Revenue Department,

Infrastructural Departments and Town and Country Planning Department.

16.1.3 An additional urbanisable area of 93 hectares has been proposed to be developed by

the year 2031. Phasing, costing and implementation of Development Plan have been contemplated

keeping in view development priorities, to meet the needs of growing population, socio-economic

dynamics likely to persist after every five years, on one hand and in consonance with the national

policy of preparation of rolling plans, on the other. So far as the question of mobilizing or

managing funds for development of external infrastructure is concerned, the financial resources for

implementation of basic infrastructure proposals related to bulk services including water supply,

sewerage, drainage, electricity and communication are allocated by the Government under major

capital outlays of various development and infrastructure Departments. It is just a matter of

utilizing the same in accordance with proposals of the Development Plan. However, resource

generation for providing internal infrastructure has to be ensured by various stakeholders under the

Land Pooling and Reconstitution mechanism. Various executing agencies may further augment

resources, required for their purposes, by mobilzing funds internal as well as external institutional

finance.

16.2

PHASING

16.2.1 Development Plan is a mandatory document to guide the future development.

Implementation of Development Plan is divided into three phases, coinciding with five year plans

namely:

(i) 2016-2021

(ii) 2021-2026

(iii) 2026-2031

16.2.2 First Phase-2016 to 2021

The following proposals are proposed to be implemented in the first phase:

To develop parking lots

Improvement of junctions

Land Pooling and Reconstitution Schemes.

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16.2.3 In view of implementation of proposals in each phase, priorities of subsequent

phases shall be worked out, resources generated and accordingly implementation shall be ensured.

16.3.

COSTING

16.3.1 The plan envisages for residential development by the land owners through Land

Pooling and Reconstitution mechanism. These Schemes are to be implemented by the Development

Authority, by organizing land owners with the help of Revenue Authorities, Local Bodies,

Panchayats and Infrastructural Departments. The Development Authority will be responsible for

preparation of such schemes. The funds are to be raised from potential buyers of developed plots

who are going to be allotted the same. About 40 percent surrendered land for amenities, roads,

parks, open spaces and other public purposes will ultimately be vested with the Development

Authority. The Authority will earn in terms of charges to be levied on services infrastructure likely

to be provided to the inhabitants. So far as arterial roads and major proposals including bus stops,

parking lots and infrastructural networks are concerned, the land has to be arranged, acquired and

the same developed by the Development Authority and respective agencies through public-private

partnerships on Build-Operate-Transfer basis. Therefore, entire funding is to be done through the

in-built mechanism, as envisaged in the Development Plan.

16.3.2 The cost of residential development including road network, sewerage, drainage,

electricity, parks, open spaces, parking and other amenities is to be borne by the landowners,

through the mechanism of Land Pooling and Reconstitution and thereby enhancement of land

values. The benefits likely to accrue by way of the sale of plots would be manifold then to meet

with the cost of development.

16.4

FINANCING AND RESOURCE GENERATION

16.4.1 Barog being a potential tourist and multi-functional Planning Area, financing of

plan is required to be geared up by the Development Authority by raising resources from the

betterment levies on development pursuits. Conversion of land use may be charged suitably in view

of enhancement of land values.

16.4.2 The respective agencies and Government undertakings, by raising resources from

the beneficiaries, will be responsible for development of utilities, facilities and services including

water supply, sewerage, drainage, electrification and telephone. The parks shall be developed by

the Development Authority by arranging land for the purpose.

16.4.3 The various resource generation measures in accordance with statutory provisions

and regulatory mechanism are as under:-

Landuse conversion charges

Development charges and betterment levies

Layout, Sub-Division and Building Permit Fees

Building Regularization Fees

Building Use Regularization Fees

Vacant Land Tax.

Non-Conforming use penalties.

Unauthorised change of building/landuse penalties.

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16.4.5

Planning Area Development Fund shall be maintained by the Development Authority

and the same revolved and utilized for infrastructural provisions, landscaping and

beautification of the area. Economically weaker sections of the society shall not be

charged for basic amenities.

16.5

IMPLEMENTATION

16.5.1 As the Development Plan is a document of people, community, Government

Departments and Panchayati Raj Institutions, the same are therefore required to come forward for

its implementation. Execution of the Development Plan has to be ensured by Land Pooling and

Reconstitution Mechanism by coordinated efforts of the land owners, Development Authority,

Revenue Department, Panchayats and Infrastructural Departments.

16.5.2 Overall control and monitoring of implementation of proposals of development in

terms of land use zoning and regulatory mechanism shall be vested with the Special Area

Development Authority.

______________

CHAPTER-17

PLANNING AND DEVELOPMENT REGULATIONS

17.1. PROCEDURE AND REQUIREMENTS

17.1.1. Application for permission

17.1.1.1. The application for development of land to be undertaken on behalf of the Union

or State Government under section 28 of the Himachal Pradesh Town & Country Planning

Act,1977 and section 29 by a local authority or any authority specially constituted under the

provisions of the Act ibid shall be accompanied by such documents as prescribed under rule 11 of

the H.P. Town and Country Planning Rules, 1978 including design by a registered Architect/

Planner/ Engineer/ Draughtsman as per their entitlement and structural design by a Structural

Engineer/ Architect as per their entitlement.

17.1.1.2. The application for development of land to be undertaken under section 30 of the

Act by any person not being the Union or State Government, local authority or any authority

specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be

on such forms along with the specifications sheet and schedule attached with these forms and

containing such documents and such fees as prescribed under rule 12 of Himachal Pradesh Town

and Country Planning Rules, 1978.

17.1.1.3. Apart from above the applicant shall submit the following additional documents

namely:—

(i)

Location plan in the scale 1:1000 indicating the land in question, main approach roads,

important physical features of the localities/area, important public buildings like

school, hospital, cinema, petrol pump etc. and surrounding ownership.

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(ii) Site plan in the scale of 1:200 indicating the proposed site, approach road, contours,

relief features, H.T./L.T. line, adjoining buildings, the existing sewerage and drainage

showing the built up and open area clearly. Site plan must tally with the shape and

dimensions of plot shown in the tatima. Otherwise suitable revenue documents

supporting/verifying the change in shape and area to be enclosed. Suitable site and size

of rain water harvesting tank shall also be indicated in the site plan.

(iii) Two sets of plans, elevations and sections in the scale of 1:100 or 1:50.

(iv) The drawings referred at (i) to (iii) should be duly signed by the registered Architect or

Planner or Engineer or Draftsman as per their entitlement along with his or her address

and registration number.

(v) One copy of the receipt vide which requisite fee has been deposited.

(vi) Latest original khasra map (tatima) showing khasra number/numbers of land in

question, adjoining khasra numbers on all sides of plot and approach path with its

width.

(vii) Latest jamabandi showing clear ownership.

(viii)In the site plan the distance of low and high tension electricity lines from proposed

land or plot or building shall be shown. In case electricity lines are passing over or

nearby the proposed site for development, horizontal and vertical distance shall be

shown.

(ix) In case no public road or path exists at site, the owner shall have to make proper

provision for path or road abutting with proposed plot or building by surrendering

such land as may be directed by the competent authority. A certificate from the Urban

Local Body or Panchayati Raj Institution or the Town and Country Development

authority or Local Authority or any other authority as the case may be, shall be

submitted by the applicant in support of taking over the land surrendered for

development of road or path and designating it as public street as per provisions of the

respective Acts.

(x) For the plots abutting National Highways, State Highways, Bye Passes and other

scheduled roads of Himachal Pradesh Public Works Department, (HPPWD) the No

Objection Certificate (NOC) of H.P. PWD shall be submitted on the format as

appended below :—

NO OBJECTION CERTIFICATE

The Himachal Pradesh Public Works Department has no objection on carrying out

any development on land or construction of building bearing khasra no. ____of

revenue village or mohal______________ abutting with National Highway or State

Highway or Scheduled Road namely ____________ by the owner Sh. or Smt.

______ resident of ________ with respect to the provisions of Himachal Pradesh

Road Side Land Control Act, 1969 in this behalf as shown in the site plan.

(Seal)

Competent Authority

*(Not to be issued below the rank of Executive Engineer)

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(xii) For plots/buildings whereby electricity lines (LT/HT) are passing over or nearby, the

No Objection Certificate (NOC) of Himachal Pradesh State Electricity Board

(HPSEB) shall be submitted on the format as appended below:—

NO OBJECTION CERTIFICATE

The Himachal Pradesh State Electricity Board has no objection on carrying out any

development or construction of building on land bearing khasra no. ______of

revenue village or Mohal_________under the _________line by the owner Sh. or

Smt. ___________resident of _________ with respect to the provisions of Indian

Electricity Rules, 1956 in this behalf as shown in the site plan.

(Seal)

Competent Authority

*(Not to be issued below the rank of Executive Engineer)

(xiii)The applicant shall have to submit any other certificate or documents or plan e.g. No

Objection Certificate (NOC) from the H.P. State Pollution Control Board, water and

electricity availability certificate from the concerned Departments as may be required

by the competent authority.

(xiv) Demarcation report from Revenue authority shall have to be submitted by the applicant

where the plot/land is not well defined or demarcated.

(xv) Photographs, of at least 10cmx15cm size taken from different angles, of the site

showing profile of land, vegetation and trees shall have to be submitted.

(xvi) For major proposals having a bearing on the community, a detailed project report

justifying the proposals other than the pre-requisites of main use shall have to be

submitted and got approved from the competent authority.

No access shall be permissible from the major roads without prior approval of the

competent authority.

(xvii) Whereas the structural design of the building shall be the responsibility of the owner

as well as the Structural Engineer, the structural stability certificate on its completion

shall have to be submitted by the applicant.

17.1.2. MONITORING OF CONSTRUCTION

17.1.2.1. The applicant shall intimate in writing to the concerned competent authority that

the work of execution of building has reached the plinth level. The competent authority shall

inspect the executed work within 15 days and shall permit the applicant to proceed with further

construction, only if the same is found to be in order.

17.1.2.2. In case the competent authority does not inspect the site within the prescribed

period, the applicant shall certify that he has carried out the construction work up to plinth level in

accordance with permission granted and consequent upon not conducting the inspection within

stipulated period, the applicant is undertaking the further construction in accordance with the same.

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17.1.2.3. If the competent authority on inspection at any stage observes that the work has

not been carried out in accordance with the approved plan a notice in respect of unauthorized

construction or deviation shall be served upon for restoration of the same to its original condition as

prescribed in the sanctioned map or any other action as specified in rules and regulations made

there under.

17.1.2.4. The concerned competent authority, if required, may direct the applicant to revise

the building plan as per the requirements of rules and regulations and if it is found to be in order,

the revised map shall be approved.

17.1.2.5.

After completion of the building, the applicant shall submit a completion

plan along with a certificate to the concerned competent authority certifying that the construction

has been completed as per the approved map.

17.1.2.6 Building shall not be put to use prior to issuance of completion certificate by the

competent authority.

17.1.2.7 Any subsequent deviations made in the building constructed after getting the plan

approved and after grant of No Objection Certificate (NOC) issued by the Department shall entail

the entire building unauthorized and NOC so issued shall be withdrawn and the services shall be

disconnected.

17.1.3. TERMS FOR SERVICE CONNECTIONS

17.1.3.1 The procedure for issuance of No Objection Certificate (N.O.C.) for water supply

and electricity connections shall be as under:—

(a) Temporary

At plinth level.

(b) Permanent

Upon completion of dwelling unit or floor or whole

building.

The applicant shall submit photographs of the structure from 2 or 3 angles .

17.1.3.2. Any No Objection Certificate (N.O.C.) issued by the competent authority for

service connection shall be liable for withdrawal on violation of provisions of the Development

Plan as specified or on account of contravention of the permission accorded under the provisions of

the Act ibid.

17.1.3.3. Provided that before applying for N.O.C. for permanent water connection the

applicant shall have raised construction as per approved map, constructed drain, path, septic tank,

soak pit, sloping roof, rain harvesting tank etc. The plot must have defined boundaries as per

demarcation obtained from Revenue Department. Photographs shall also be submitted by the

applicant showing structure having been raised or completed by him/her.

17.1.3.4. Any no objection certificate (NOC) issued by the competent authority shall be

liable for withdrawal on breach of terms and conditions imposed at the time of issuance of such

NOC and undertaking to this effect shall be rendered by the applicant

17.1.4.

REGULATIONS FOR LAND POOLING AND RE-CONSTITUTION OF

PLOTS

17.1.4.1. On commencement this Development Plan, no person shall be allowed to carve

out plots of zig-zag ‘ Khasra’ Numbers in his ownership and the same have to be organized

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alongwith other such adjoining chunks of land to ensure proper dimensioned plots to the

purchasers, on one hand and in the interest of urban design, safety, economy, functionality,

aesthetics and optimum use of land, on the other.

17.1.4.2. Maximum upto 60 % plotted area shall be made available to the land owners,

proportionate to their land ownerships, in accordance with prescribed Regulatory provisions of this

Development Plan. The remaining 40 % area shall have to be surrendered and the same be utilized

for circulation, infrastructural networks, parking, parks, open spaces, playgrounds and recreational

pursuits.

17.1.4.3. In case of any person whose plot comes within the roads or community amenities,

he shall be suitably compensated by the parties who are going to be benefited in lieu of his land in

such scheme.

17.1.5. SUB-DIVISION OF LAND REGULATIONS

17.1.5.1 The sub-division of land into plots amounts to “development” under the Himachal

Pradesh Town and Country Planning Act, 1977. No person shall sub-divide his land unless

permitted to do so in accordance with rules and regulations in force.

17.1.5.2 Similarly no Registrar or the Sub-Registrar shall register any sale deed or

documents of any sub-division of land on share basis unless the sub-division of land is duly

approved by the competent authority in accordance with provisions of section 16-c of the Himachal

Pradesh Town and Country Planning Act, 1977 and sub- division of land regulations as contained

in this Development Plan.

17.1.5.3 The sub-division of land shall be permitted in accordance with natural profile of

topography as shown on a contour map, drainage of the land, accessibility, road alignment, wind

direction, local environmental imperatives and in accordance with the prescribed land use of the

Development Plan. Natural flora and fauna shall have to be preserved.

17.1.5.4 Natural nallahs which pass through land involving sub-division shall be

developed and maintained according to the discharge of water during the peak rainy season. The

construction shall be allowed at a distance of 3.00 mtrs. and 5.00mtrs. from the edge of Nallah and

Khud respectively.

17.1.5.5 Sub-division of land shall not be permitted in an area where basic services like

developed roads, drainage, water-supply, sewage disposal, electric supply line, street lighting etc do

not exist. The developer shall apply to develop the requisite services and infrastructure and letter of

intent for the same may be given to him/her/them. Final permission for sub-division of land shall be

given as and when services have been developed at site. Roads and services are to be provided in a

particular sub-division of land in consonance with the adjoining infrastructure/ proposals of this

Development Plan. No sub-division shall be allowed with direct access from the National Highway

or any other major road without NOC of the HPPWD.

17.1.5.6 The plots shall be permitted at right angle to the road with proper shape and

dimensions in accordance with natural profile of land and slope, so that optimum use of the land is

ensured. Contour planning must be followed for minimizing the cutting of hills and for getting

maximum sun.

17.1.5.7 The minimum width of road for sub-division of land shall be 5.00 m if number of

plots is above 5 (with cul-de-sac) at the end. Minimum width of pedestrian links to smaller cluster

of plots , not exceeding 5 in number shall be 3.00 m .

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17.1.5.8 In case of plots or land abutting the existing or proposed roads or paths, width of

the same shall have to be increased to meet with requirements of width for requisite plots.

17.1.5.9 After demarcation of plot, boundary shall be fixed by the applicant by way of

raising boundary wall or fencing.

17.1.5.10 Average slope/gradient for regional roads shall have to be 1:15. However, local

roads in town may be allowed with slope/gradient up to 1:10 and additional width of carriage way

shall be provided on curves for ensuring smooth flow of vehicular traffic, which shall not obstruct

view or vista.

17.1.5.11 Minimum width of plot for row, semi-detached and detached type houses shall be

5.00 m, 8.00 m and 10.00 m respectively. Ratio of depth to width of the plot shall normally range

between 1½ and 3.

17.1.5.12 Minimum area for a detached plot shall not be less than 150 m². However the

minimum size of plot in a planned layout can be 90m². Smaller plots may be considered in the case

of allotments made by State Government under Gandhi Kutir Yojna, Indira Awas Yojna, Rajiv

Awas Yojna or any other scheme launched by the Union or State Governments for the benefit and

upliftment of economically weaker sections of the society and IRDP families. However, minimum

front and rear setbacks of 2.00 m and 1.00 m respectively shall be compulsory in these cases too.

Where State Government is allotting land to the landless persons, it may be ensured that plots are

created after the mandatory regulations for front set back on any road so that least difficulty is

faced by the allottees later on.

17.1.5.13 In exceptional circumstances, for the benefit of economic weaker sections and

where the site conditions permit to do so, the Chairman of the authority may fix 60 Sqm, the

minimum area of plots with two common walls.

17.1.5.14 Semi-detached house construction shall be allowed on plots having area up to

150 m²and row housing on plots with area between 90 m² to 120 m² subject to the condition that

the maximum number of such plots shall not exceed 10 in a row after which a gap of 7.00 m shall

be left.

17.1.5.15 If the number of proposed plots exceeds 5 , provision of parks and tot lots shall

be made in the centre of the scheme area. Such parks cannot be built upon or sold in any manner in

future. The area to be proposed under parks shall not be less 10 % of the total scheme area. Right of

use/ownership of this land shall be transferred / surrendered to the Panchayati Raj Institutions or

Urban Local Bodies or Town and Country Development Authority or a local authority or any other

authority as the case may be which shall be responsible for maintenance of surrendered paths, parks

etc. The owner shall not claim any compensation in lieu of this land.

17.1.5.16 If the number of proposed plots exceeds 40, provision shall have to be made for

educational, health, religious and other community facilities as per the size of the scheme

17.1.5.17 Minimum area of a plot for residential development in Group Housing Scheme

shall be 2500 m²in accordance with the provisions of this Act.

17.1.5.18 While carving out plots, the orientation of the plots shall be made in such a

manner, so as to be in conformity with the existing plots/infrastructure, wind direction, availability

of Sun and natural flow of surface drainage to allow unobstructed rain water discharge.

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17.1.5.19

Minimum area for septic tank and soak pit etc. irrespective of number of

plots shall be 5% of the scheme area.

17.1.5.20

Provision for rain water harvesting for surface run off other than that of

structures shall have to be ensured to ease the water supply problem.

17.1.5.21

Provision for decomposition of biodegradable waste shall have to be made in

accordance with requirements of particular sub-division of land.

17.1.5.22

Where it is essential to develop a plot by cutting of natural land profile, it

shall be the responsibility of the plot owner to provide retaining and breast walls, according to the

engineering specifications, so that such cutting of natural profile does not exceed more than 3.50

meter height in any case with provision of diaphragm wall for step housing.

17.1.5.23

Development proposal for part of land or khasra number shall not be

considered and proposal shall be submitted for complete land holding. Adequate provision of paths,

open spaces as per regulations shall be made. Provision of path or road shall be shown for

remaining land as well.

17.1.5.24

No Government land shall be transferred by the District Collector or

registered by the Registrar or Sub- Registrar to any person in Barog Special Area without No

Objection Certificate of the competent authority.

17.1.6. BUILDING REGULATIONS

The following building regulations shall apply to all development activities to be carried out

in Barog Special Area.

17.1.6.1 No building or other structure shall be erected, re-erected or materially altered

without the permission of the competent authority in writing.

17.1.6.2 No yard or plot existing at the time of coming into force of these regulations shall

be reduced in dimension or area below the minimum requirements set forth herein. The yards or

plots created after the effective date of these regulations shall meet with the minimum requirements

established by these regulations.

(a) Provided further that all the plots registered prior to the enforcement of section 15-A or

16 of the Himachal Pradesh Town and Country Planning Act, 1977 to Barog Special

Area shall be treated as plots irrespective of their size subject to the condition that

minimum 3.00 metre wide path abutting one side of the plot should be made available

individually or on share basis. In case 3.00 metre wide path is not available at site then

the owner shall surrender the remaining area from his plot to make the path as 3.00

meter wide.

17.1.6.3 Construction on sandwitch plots shall be permissible as per existing building

lines, only in existing built up areas.

17.1.6.4 The height limitations of these regulations shall not apply to the religious places

e.g. temples, mosques, gurudwaras and churches etc. Moreover chimneys, elevators, poles, tanks

and other projections not used for human occupancy may extend above the prescribed height limits.

The cornices and window sills may also project into any required setbacks owned by the applicant

up to 0.45 meter.

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17.1.6.5 After coming into force of this Development Plan, the Land Use and

Development of land shall conform to the provisions of this Development Plan subject to the

provisions as contained under section 26 of the Himachal Pradesh Town and Country Planning Act,

1977.

17.1.6.6 Distance from the Highest Flood Level (HFL) along Rivers, Khuds and Nullahs

shall be as delineated in the Interim Development Plans / Development Plans. In other areas, no

construction shall be allowed in parcel of land prone to floods.

17.1.6.7 No wall, fence and hedge along any yard or plot shall exceed 1.50 meter in height.

17.1.6.8 On a corner plot bounded by a vehicular road in any land use zone or area,

nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially

impede vision to avoid accidents and smooth running of vehicular traffic.

17.1.6.9 No planning permission for development shall be granted unless the road or path

on which land or plot abuts is properly demarcated and developed at site.

17.1.6.10 Drainage shall be regulated strictly according to natural profile of land with a

view to prevent landslides, soil erosion and to maintain sanitation and public health.

17.1.6.11

No building shall be erected on slope of natural land profile forming an angle

of more than 45^{o .}

17.1.6.12

In case of plot or land abutting road or path, width of the same shall be

increased to meet requirements of the Development Plan by getting additional strip of land

surrendered by the land owner(s) on either side of the road or path equitably or in accordance with

topography of land and feasibility. Right of ownership of use of such land which is earmarked for

path or road shall be surrendered or transferred to the Urban Local Body or Panchayati Raj

Institution or Town and Country Development Authority or local authority or any other authority as

the case may be, by the applicant(s) without any compensation for maintenance purpose. The

registering authority shall have binding with this provision to effect all registrations as per layouts

approved by the competent authority in the name of Government or above referred bodies or

authorities.

17.1.6.13

Constructions conforming to the traditional hill architecture with conical roof

laid with slates or corrugated galvanized iron (C.G.I.) sheets painted in maroon or green colour,

facade rendered preferably in local material like stone, slates and wood etc. shall only be permitted.

17.1.6.14

Roof slab or chhajja projection over door/window openings shall be limited

upto 0.60 metre over set backs on all sides.

17.1.6.15

Maximum height of plinth level shall be 3.50 metre which shall be closed on

all exposed sides with brick or stone masonry.

17.1.6.16

Setbacks shall not be applicable to road side infrastructure or facilities such

as rain shelters, landscaping etc. which are specifically permitted by the HP Public Works

Department on the acquired width of a road with temporary structures.

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17.1.6.17

In case of petrol filling station the layout plan or norms of the Indian Oil

Corporation (IOC) shall be adopted. If the rear and side set backs are not mentioned in the layout

plan of (IOC) then the minimum sides and rear setbacks shall be 3.00 meter. However on National

Highways the front set back of 3.00 meter from the controlled width of road as per requirement of

H.P. Road Side Land Control Act shall be left.

17.1.6.18

No construction shall be permitted on a piece of land left with buildable

width of less than 5.00 meter after maintaining setbacks with reference to the size or area of the

plot.

17.1.6.19

Not more than two dwelling units per floor shall be permissiblein residential

building constructed on plot having an area up to 250 m². For plot measuring more than 250 m²

area, one additional dwelling unit for every additional 100 m²of plotarea shall be permissible in

each floor. If number of dwelling units exceeds eight, registration as a promoter under the Act ibid

shall be mandatory.

17.1.6.20 Regulations for different parts of a building shall be as under:—

Habitable room

Minimum

floor

area

Minimum width

9.50 M2

2.40 M

Kitchen

Minimum

floor

area

Minimum width

4.50 M2

1.80 M

Bath room

Minimum

floor

area

Minimum width

1.80 M2

1.20 M

Water Closet (WC)

Minimum

floor

area

Minimum width

1.10 M2

0.90 M

Toilet

(WC+ Bath)

Minimum

floor

area

Minimum width

2.30 M2

1.20 M

Minimum width of corridor

For Residential use

For Other uses

1.00 M

1.20 M

Minimum width of stairs

For Residential use

For Other uses

1.00 M

1.50 M

Maximum width of treads

without nosing

For Residential use

For Other uses

25 centimeter wide for internal

stairs

30 centimeter wide for internal

stairs case

Maximum height of riser

For Residential use

For Other uses

19 centimeter

15 centimeter

Provision of spiral stair case For

Other

uses

expect

Residential use

Provision of spiral stair case not

less than 1.50 M dia with

adequate head height for fire

escape in addition to regular stair

case

Openings

For sufficient air and light, windows and ventilators should have

minimum area equivalent to 1/6 th of Floor area.

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Projections

over

doors,

windows and ventilators.

0.60 M

Balcony Projections

1.20 M wide Balcony complete open on two sides with restriction

of 50 % of Building frontage where minimum front Set-Back is

3.00 M shall be permissible .Balcony of 1.00 M width shall be

allowed over set back of 2.00 M.

17.1.6.21

One parking floor shall be mandatory wherever feasible. Maximum height of

parking floor shall be 3.00 M including depth of beam below the ceiling of the slab and 4.00 mtrs.

for other uses and it shall be over and above the permissible Floor Area Ratio limit. However, the

fee as specified under sub-rule (2) of Rule 16 of the Himachal Pradesh Town and Country Planning

Rules, 2014 shall have to be paid for parking floor. The shear walls shall be constructed on all the

three sides of parking floor so that it is not a soft storey.

17.1.6.22 In case, space as per requirement for parking is available in open, over and

above the set backs, condition of parking floor shall not be insisted. The closed floors in a building

at any level, if proposed and feasible for parking, shall be allowed over and above the permissible

Floor Area Ratio (FAR), irrespective of height restriction, subject to structural stability.

The fee as specified under sub-rule (2) of Rule 16 of the Himachal Pradesh Town and Country

Planning Rules, 2014 shall have to be paid for parking floor. In case any person intends to construct

parking floor, if feasible for parking, in addition to the number of storeys approved, will be allowed

over and above the permissible Floor Area Ratio (FAR) subject to structural stability. The fee as

specified under sub-rule (2) of Rule 16 of the Himachal Pradesh Town and Country Planning

Rules, 2014 shall have to be paid for parking floor. The said parking floors shall be used

exclusively for parking only.

17.1.6.23 Multilevel parking floors shall be allowed wherever feasible. The Regulations

of respective building use shall be applicable for where multilevel parking floors are proposed.

Though, one parking floor is mandatory yet, second parking floor can be constructed which will be

optional and the same shall be counted in F.A.R.

17.1.6.24 Minimum and maximum height of floor shall be 2.70 m and 3.50 m

respectively for all land uses except for industrial use. No mezzanine floor shall be permitted.

17.1.6.25 Sloping roof shall be mandatory in hill areas. The CGI sheets on roof top and

MS sheet 0.24 M wide Facia shall be painted in post office red or grey green colour or any other

colour confirming to the natural roofing material. Height of sloping roof zero at eaves and

maximum 2.70 M at centre shall be permissible. The continuous Dormer on any side of sloping

roof shall not be allowed. Maximum 2 Dormers on the either side of sloping roof at a reasonable

distance between eves and ridge shall be allowed. The 1/3rd area of the top floor shall be allowed

as open terrace wherever sloping roof is provided.

17.1.6.26 No construction shall be allowed within 5.00 meter distance from the existing

forest or green belt boundary and within a radius of 2.00 meter from an existing tree. The distance

and radius shall be measured from the circumference of the tree. For construction on the plots

having tree (s), NOC from the Forest Department shall be obtained by the applicant and a copy of

the same shall be submitted to the competent authority.

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17.1.6.27 For the plots or buildings, where electricity lines are passing over or nearby the

land, distance from electricity lines shall be kept as provided in the Indian Electricity Rules from

time to time as under:-

Sr. No.

Voltage

Vertical

Clearance

Horizontal

Clearance

Low and medium voltage and

service line.

2.439 m

(8')

1.219 m

(4′ )

High voltage lines

(a) up to and including 11,000

volts.

(b) Above 11,000 volts to

33,000 volts.

3.658 m

(12′ )

3.658 m

(12′ )

1.219 m

(4′ )

1.829 m

(6’)

For extra high voltage lines

(For every additional

33,000 volts or part thereof)

3.658 m

(12′ )

0.305 m

(1’)

1.829 m

(6’)

0.305 m

(1’)

17.1.6.28 Regulations regarding re-construction of houses/ buildings in the existence

shall be on predominantly existing building lines, provided minimum width of road as per Rules

and Regulations is available and roof projections, sun shades upto 0.60 M shall be permitted over

streets or paths, as the case may be. At least 2 or 3 photographs shall be submitted with existing

building drawings to establish the existing building line. However the building in question shall not

be dismantled till photographs as well as drawings of existing built up structure have been

submitted and site inspection got done.

17.1.6.29 Minimum permissible distance between two blocks constructed on a plot shall be

5.00 mtrs.

17.1.6.30 Underground rain water harvesting tank shall be constructed in the plot with

minimum capacity @ 20 litres per m²of the roof top area.

17.1.6.31 No building shall be constructed or raised above the vision line i.e 1.50 mtrs.

From road level on the valley side in case of the entire stretch of National Highway - 5 falling

within Barog Special Area so that valley view is fully preserved and protected.

17.1.6.32 Change of existing land use for Residential, Commercial, Public and semi-

public and Industrial uses, shall be on existing pattern of development and site conditions subject to

the conditions that where basic services like paved roads, drainage, water supply, sewerage

disposal, electrical supply line, street lighting etc. do not exist, change of land use or development

of land shall not be permitted unless the applicant undertakes that these services shall be provided

at his own cost.

17.1.6.33 In the public interest and in the interest of town design or any other material

consideration the Director, Town and Country Planning Department may relax minimum size/area

of plot, plot coverage, set backs, floor area ratio (F.A.R.), change of landuse etc. The decision of

Director shall be final.

17.1.6.34 No building or structure shall be raised or constructed within specified distance

from the National Highway plus local offset i.e 3.00 mtrs. This will further subject to the

requirements of National Highway Authority of India (NHAI). For development along this

highway, the applicant shall invariably have to submit NOC from the competent authority along

with a site plan showing acquired and controlled width of the road.

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17.1.6.35 On following roads no building or structure shall be raised or constructed

within specified distance from the H.P.P.W.D plus local offset i.e 2.00 mtrs

(i)

Kumarhatti-Barog -Solan road.

(ii) Dharampur- Subathu road.

17.1.6.36 In case if there is any ambiguity/ conflict/ misunderstanding URDPFI and

National Building Code (NBC) shall be referred.

17.1.7. (A) URBANISABLE AREA BOUNDARY

Barring forest areas, steep lands, water bodies, nallahas and roads entire Barog Special Area

shall be an Urbanisable Area.

17.1.8 ZONING REGULATIONS

Mixed land use shall be allowed in the entire Barog Special area. The mixed land use shall

include only such activities as are incidental, conforming and compatible with one another. No

obnoxious, environmentally hazardous or non-conforming functions shall be allowed. Following

sets of activities shall not be permissible:—

(a) A school or a college in the vicinity of a bus-stand or right on a busy road.

(b) A petrol pump in a predominantly residential locality.

(d) An activity likely to cause air, noise, dust, water or surface pollution right in a

residential area and so on.

17.1.8.1 Only need-based activities shall be allowed in the entire Barog Special Area

provided these are eco-friendly and do not involve any cutting of trees, vegetation and hill slopes

beyond the permissible limits.

17.1.8.2 Apartments, tourist resorts, industries and major commercial/ institutional projects

shall not be permitted unless the builder/ developer/ applicant guarantees an independent source of

water supply to the satisfaction of the competent authority.

17.1.9 VILLAGE ABADIS OR ABADI DEH

Areas coming under existing abadis or abadi dehs shall have separate regulations for

them:—

(a) Construction of a residential house, shops, nursery,

primary and middle schools,

buildings of public utility and service industry shall be permissible. No obnoxious

activity as may pose any danger to the living environment would be permissible in

such an area.

(b) No building shall exceed three storeys in any case.

A simple application shall have to be submitted to the competent authority before

undertaking any construction. The application shall contain the following description:—

(i) Name of applicant.

(ii) Activity/construction proposed.

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(iii) Description of land i.e. Mohal/Name of revenue village.

(iv) A location/site plan (not to scale).

(v) Line plan of proposed construction.

(vi) Recommendation from the Pradhan of village panchayat.

17.1.10

RESIDENTIAL USE

17.1.10.1

Minimum size and requirement of plots

The construction of buildings for residential use shall not be permitted on any plot, which

has an area of less than 90 m²in row housing, 120 m²in semi detached and 150 m² in detached

category of houses. Plots registered before August, 2000 in Barog Special Area shall, however, be

considered. Relaxation shall be granted in case of Government housing schemes for houseless

namely Gandhi Kutir Yojna, Indira Awas Yojna, Rajiv Awas Yojna, and Economically Weaker

Sections etc.

17.1.10.2. The maximum covered area and setbacks shall be governed by the following table:—

Sr.

No.

Plot Area

(m²)

Type of

construction

Maximum

coverage

Minimum

Set Back

(in m)

Front

Sides

Rear

90 to 120

Row

75%

2.0

121 to 250

Semi-detached

75%

2.0

151 to 250

Detached

60%

2.0

251 to 350

Detached

55%

2.0

351 to 500

Detached

50%

3.0

2.5

Above 500

Detached

45%

4.0

3.0

3.00

Note.—

(a) The maximum height of building in no case shall exceed 21.00 mtrs. The

maximum F.A.R. permissible shall be 1.75. An attic or basement shall be treated

as an additional storey.

(b) For plot having side set-back of 3.00 m or more, construction of a Garage up to

5.00 m depth in ground floor shall be permitted touching rear boundary of the

plot, provided that total coverage remains within the maximum permissible limit

and no opening is left on the sides of the adjoining plots.

of row and semi-detached houses. However, the owners of plots of either side

shall have an option to construct a common wall.

(d) In case if there is any ambiguity/ conflict/ misunderstanding URDPFI and

National Building Code (NBC) shall be referred.

17.1.11

COMMERCIAL USE

1. For commercial-cum-residential use up to 500 m² plot area the setbacks, coverage etc.

shall be the same as for residential use.

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2. For purely new commercial schemes/proposals:—

(a) For independent shops (standalone) having plot area 10-30 (Sqm.) the front set-

back shall be 2.00m, side set-backs- nil and rear set back shall be .00m. Total

permissible height of building shall be 6.00 mtrs.

(b) Access to the new commercial schemes/proposals shall not be less than 5.00 m.

to 250 m², 4.00 m for plots with area between 250 m²to 500 m² and 5.00 m for

plots with area more than 500 m² .

(d) Coverage shall not exceed 50% of the plot area.

(e) Sufficient and separate entries as well as exits shall be provided in the commercial

buildings for emergencies like fire etc.

(f) Side and rear set backs of 2.00 m shall be compulsory.

(g) Arcade of 2.00 m width for shops shall have to be provided.

(h) The maximum height of building in no case shall exceed 21.00 mtrs. An attic or

basement shall be treated as a storey.

(i) The maximum permissible F.A.R. shall be 1.75.

Shopping complex

Sr. No.

Plot Area

(Sqm.)

Minimum Set Backs

F.A.R

Height

building

Front Sides Rear

500 -1500

5.00

3.00

1.75

21.00

1500-4000

10.00

5.00

1.75

21.00

Above 4000

12.00

7.50

6.00

1.50

21.00

Note: Parking:- (i). 500 to 1500 = 1.50 ECS per 100 Sqm. built up area.

(ii) 1500-4000 = 2 ECS per 100 Sqm. built up area.

(iii) Above 4000= 3 ECS per 100 Sqm. built up area.

Cinema/ Cineplex

Sr.

No.

Plot Area

Minimum Set Backs

F.A.R

Height

building

Front Sides Rear

4000 and above

15.0

7.50

6.00

1.50

21.00

Note: Parking:- (i). 3ECS per 100 Sqm. built up area.

(ii) Other regulations as per Cinematography Act shall also

apply.

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Multiplexes

Sr. No.

Plot Area

Minimum Set Backs

F.A.R

Height

building

Front Side Rear

4000

and

above

15.00

9.00

1.5

21.00

(i)

Note: Parking:-

Parking permissible with the complex

(i) Parking space to be provided with in multiplex @

(ii) 3ECS for every 100 Sqm. of built up area.

(iii) Other regulations as per Cinematography Act shall also apply.

(iv) Multiplex complex shall mean an integrated entertainment and shopping centre/

complex having at 2 cinema halls/ PVRs. The minimum area on which this use shall be permitted

should not be less than 4000 Sqm. Apart from cinema halls, the multiplexes shall also have a

restaurant. Fast food, outlet, pubs health spas/ centers, hotels and other re-creational activities. The

Shopping center may have retail outlet, video games, parlors, bowling alleys, health centers,

shopping malls and office space .

Note:.— 1 ECS shall mean as under:—

(i) For Parking in Open

= 23 Sqm.

(ii) For Parking in stilts and ground floor

= 28 Sqm.

(iii) For parking in basement floor

= 32 Sqm.

Multi level Parking

Sr. No.

Plot Area

Minimum Set Backs

F.A.R

Height

building

Front Sides Rear

500-1500

5.00

3.00

1.75

21.00

1501-4000

10.00

5.00

1.75

21.00

Above 4000 12.00

7.50

6.00

1.50

21.00

Tourism unit

For Hotels and Guest houses the regulations shall be as under:-

Sr.

No.

Use

Plot Area

in m²

Maximum

Coverage

Minimum Set Backs in m

Front

Sid

Rear

Hotels

500 to 1000

40%

4.0

3.0

1001 to 2000

35%

5.0

3.0

2001 to 5000

30%

7.0

4.0

Above 5000

25%

10.0

5.0

Guest house

250-500

50%

3.0

2.0

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Parking:— (i). 250-500

= 1 ECS per 100 Sqm. built up area.

(ii) 501-1500

= 1.5 ECS per 100 Sqm. built up area.

(iii) 1501-2500

= 2 ECS per 100 Sqm. built up area.

(iv) Above 2500

= 3 ECS per 100 Sqm. built up area.

Note:—

(a) No tourism project shall be permitted without the in-principle approval of the State

Tourism Department.

(b) The maximum height of building in no case shall exceed 21.00 mtrs. An attic or

basement shall be treated as an additional storey.

the same.

(d) Hotels and Guest houses shall not be permitted in an intense residential development

areas since the construction of the same is likely to vitiate the living environment of

the same.

(e) Conversion of existing residential buildings into Hotels or Guest houses shall be

permitted only if these fulfill the regulations for the same.

(f) Arrangement for under ground rain water harvesting tank shall be compulsory.

(g) In case if there is any ambiguity/ conflict/ misunderstanding URDPFI and National

Building Code (NBC) shall be referred.

17.1.12.

FACILITIES, SERVICES, GOVERNMENT AND SEMI-GOVERNMENT

OFFICES (i.e. Educational Building, Police/ Station, Medical, Community Hall,

Library/Religious Building etc)

1. The setbacks and coverage etc. shall be as follows:—

Sr.

No.

Plot Area (in m²)

Maximum floor

area ratio

Minimum setbacks

in m

Front

Sides

Rear

250-500

2.00

3.0

2.0

501-1000

1.75

5.0

2.0

3.0

1001-5000

1.50

10.0

5.0

Above 5000

1.50

15.0

7.5

The setbacks and coverage etc. shall be as follows:—

Note.—

(i)

Adequate parking provision @ 2 ECS/ per 100 m²floor area in the building

(ii) Landscaping shall be done on road side and other

sides of the plot.

(iii) The maximum height of building in no case shall exceed 21.00 mtrs. An attic or

basement shall be treated as a storey

(iv) In case if there is any ambiguity/ conflict/ misunderstanding URDPFI and National

Building Code (NBC) shall be referred.

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As per directions of Secretary to the Government of India Vide D.O. No. K-

14011/26/2013 – UD-II Dated 24.9.2014 regarding Safety Management against

Fire Hazards following rules/ guidelines shall have to be adopted :—



Minimum 10000 sqm. area for Fire Station is required.



Minimum 6000 sqm. area for Sub-fire Station/Fire Post is required.



Minimum right of way of road 6.00 mts. shall be ensured



Fire stations should be located so that the fire tenders are able to reach any

disaster site within 3-5 minutes.



Fire stations should be located on corner plots as far as possible and on main

roads with minimum two entries



In the new lay outs, concept of underground pipelines for fire hydrants on the

periphery exclusively for fire fighting services should be considered.



Necessary provisions for laying underground/ over ground fire fighting

measures, water lines hydrants etc. may be kept wherever provision of the

fire station is not possible.



The agencies concerned are required to take approval from fire department

for fire fighting measures while laying the services for and area.



All Group Housing Societies, Hospitals, Commercial Complexes,

Educational Institutions having building height more than 15.00

mtrs. should mandatorily obtain clearances from fire department

and provisions has to be made for ensuring installation and proper

working of fire extinguishers with periodic fire safety audit as

required under respective building bye-laws.

17.1.13

REGULATIONS FOR INDUSTRIAL USE

For Industrial use/activities, following Regulations shall be applicable:-

1. Minimum area of plot:—

(a) For small scale industry shall be 250 M2 to 500 M2.

(b) For services/light scale industry shall be above 500 M2 to 1000 M2.

(d) For large and heavy scale industry shall be above 5000 M2.

(e) The plot area as mentioned in clauses (a) to (d) above would not be applicable in

the cases where the sub-division of land has taken effect before the

commencement of the Himachal Pradesh Town and Country Planning Rules,

2014.

(f) The plot area as mentioned under clauses (a) to (d) above would not be applicable

for the individual plots, if any, created/allotted by the Himachal Pradesh

Industries Department or the Himachal Pradesh State Industrial Development

Corporation (HPSIDC) or the Himachal Pradesh Housing and Urban

Development Authority (HIMUDA) or any Local Authority or any Authority

constituted under the Himachal Pradesh Town and Country Planning Act,1977

(Act No. 12 of 1977) or any other Authority prior to coming into force of the

Himachal Pradesh Town and Country Planning Rules, 2014.

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(g) The layout and design of industrial area, if any, shall be as per requirement of the

Industry and shall be got approved from the Director.

Height of floor/storey

The minimum floor/ storey height of industrial building shall be 3.00 M and sloping roof

height shall be in accordance with volume of the structure. In case of roof trusses, height of

building should be adjusted /relaxed accordingly.

Type of Industry, minimum Plot Area, minimum Set Backs, maximum Floor

Area Ratio (FAR) and maximum height of building:-

The minimum plot area, minimum set backs, maximum Floor Area Ratio (FAR) and

maximum height of building for different type of Industry shall be governed by the following

Table:—

The minimum size/area of plots, set backs, FAR shall be as under :—

Note.— (i) Minimum width of path/road abutting one side of plot shall be 5.00 M.

(ii) Maximum height of industrial shed shall be 15.00 metres or depending upon the nature

of requirement of particular industry. In case of roof trusses, height of building should

be adjusted/relaxed accordingly.

(iii) Service area required for pharmaceutical units or such type of Industries under

requirement of Goods Manufacturing Practice (G.M.P) shall not be included for

calculation of FAR, provided it is only used for utilities and services but not in any

case for production.

(iv) For ancillary uses like security post/room shall be allowed in set back area i.e. one wall

shared with the boundary wall and shall be counted in the FAR.

Sr.

No.

Type of Industry

Plot Area (in

m²)

Minimum setbacks

in m

F.A.R.

Max.

height

mtrs.

Front

Sides

Rear

1.75

12.00

Small

Scale

Industries

250-500

3.0

2.0

Services/

Light

scale

Industries

501-1000

5.0

2.0

3.0

1.50

12.00

Medium

Scale

Industries

1001-5000

10.0

5.0

1.25

15.00

Large and Heavy

Scale Industries

Above 5000

15.0

7.50

1.00

15.00

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(v) In case if there is any ambiguity/ conflict/ misunderstanding URDPFI and National

Building Code (NBC) shall be referred.

4. Construction of Cellar:-

(a) Construction of cellar shall not be counted as a storey and should be constructed within

the prescribed set backs and prescribed building lines and subject to maximum

coverage on floor i.e. entrance floor and may be put for following uses:—

(i) storage of household or other goods of ordinarily combustible material;

(ii) strong rooms, bank cellars etc;

(iii) air conditioning equipment and other machines used for services and utilities of

the building; and

(iv) parking spaces.

(b) The cellar shall have following requirements:-

(i) All the walls shall be kept dead and below the natural ground level except the

portion kept for ventilation purpose.

(ii) Every cellar shall be, in every part, at least 2.40 M in height from the floor to the

underside of the roof slab or ceiling.

(iii) Adequate ventilation shall be provided for the cellar and any deficiency in

ventilation requirements may be met by providing mechanical ventilation in the

form of blowers, exhaust fans and air conditioning system etc

(iv) The minimum height of the ceiling of any cellar shall be 0.90 M and the

maximum 1.20 M above the average surrounding ground level.

(v) Adequate arrangements shall be made such that surface drainage does not enter

the cellar.

(vi) The walls and floors of the cellar shall be watertight and be so designed that the

effects of the surrounding soil and moisture if any, are taken into account in

design and adequate damp proofing treatment is given.

(vii) The access to the cellar shall be separate from the main and alternative staircase

providing access and exit from higher floor. Where the staircase is continuous in

the case of buildings served by more than one staircase, the same shall be

enclosed type, serving as a fire separation from the cellar floor and higher floors.

Open ramps shall be permitted, if they are constructed within the building line

subject to the provision of clause (v) above.

(viii) In case partition in the cellars is allowed by the Authority, no compartment shall

be less than 50.00 M2 in area and each compartment shall have proper ventilation

provision and the cellar partition shall however, conform to the norms laid down

by the Fire Services; and

(ix) In no circumstances, construction of Toilet, Bath, Kitchen etc. shall be allowed in

the cellar.

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17.1.14.1

REGULATIONS FOR COLLECTION OF RAIN WATER

The collection of rain water from the roof tops of the buildings shall be compulsory

where the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977) is in

operation in the State as under :—

(a) For all the buildings existing or proposed for construction in future; and

(b) The Guidelines for capturing, storage, integration and distribution of rain water shall

be as under:—

i. The Rain Water Harvesting Structures are allowed to be constructed in set

backs below ground level. If the storage is desired at any level above ground

level, it has to be away from set backs within the permitted covered area.

ii. The community Rain Water Harvesting Structure shall also be permissible.

iii. Proper system for rain water capturing, storage as well as integration and

distribution shall be ensured.

iv. The stored rain water shall be utilized regularly for non-drinking usages

including fire fighting, landscaping, gardening apart from domestic usages.

v. No water supply connection shall be given to any building till Rain Water

Harvesting System is put in place and subsequently operationalised.

vi. The minimum capacity of Rain Water Harvesting Structure shall be worked

out @ 20 Liters per square Metre of the roof top area.

vii. Violator shall be liable for disconnection of Public Water Supply connection.

viii. The owners of existing buildings without Rain Water Harvesting System

shall have to install Rain Water Harvesting System within eighteen months

after coming into the operation of these Regulations.

17.1.15.

REGULATIONS FOR HERITAGE BUILDINGS

The heritage area or buildings shall be listed and notified. Following regulations shall be

applicable to heritage buildings:—

(1) The detailed architectural drawings/maps in the scale 1:50 shall be prepared showing

all the architectural features with size and material proposed to be used along with old

architectural drawings.

(2) Two photographs of 15cmx25cm size of existing building and adjoining heritage

building shall be submitted.

(3) In case of re-construction on old building lines, the existing plinth area, number of

storeys and floor heights shall not be altered.

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(4) The original facade shall be maintained. The facade shall have the admixture of wood,

grass, slate and tile as per the original building. If natural materials are not available,

alternative ones shall be given the same touch.

(5) The roof shall be painted with maroon or green colour only.

(6) Constructions shall be permissible on the vacant sites subject to the condition that the

height of such buildings does not exceed the height of surrounding heritage buildings

and also does not obstruct the view in any way.

17.1.15.1. Other regulations

(1) No compounding or retention shall be allowed in case of heritage buildings.

(2) The new buildings which do not conform to the architectural style of heritage buildings

shall be face-lifted in accordance with their original style or adjoining features.

(3) Only Architects registered with the Council of Architecture shall be entitled to prepare

and submit maps/proposals for construction/reconstruction of heritage buildings.

(4) The matter for cancellation of registration of Architect shall be taken up with the

Council of Architecture, if the construction carried out is in violation of the sanctioned

map. An undertaking to this effect shall be furnished by the professional who has

prepared the map and the owner at the time of seeking planning permission.

17.1.15.2. Repairs, additions and alterations

Any repair, addition in the existing heritage building shall be in conformity with the

heritage regulations and existing heritage features of the area.

17.1.15.3. Options for architectural elements

The applicant seeking planning permission for reconstruction of building shall follow the

following architectural elements for maintaining aesthetics of the existing surrounding buildings

namely :—

(1) Windows

(2) Doors

(3) Facade

(4) Roofing

17.1.15.4. Street furniture

Street furniture in natural heritage areas shall be provided in the following manner

namely:—

(1) Cast Iron benches

(2) Decorative lighting at two levels.

(3) The design of water drinking spouts made of cast iron shall be got approved from the

Heritage Advisory Committee.

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17.1.15.5. Services

All the electric and telephone wiring shall be got concealed to improve the overall look of

heritage area.

17.1.15.6. Sign boards

(1) Brass plaques of size 0.60 m x 0.45 m inscribing history of the building shall be

displayed at strategic point of historical building.

(2) The sign boards and hoarding to be provided at strategic locations shall be in

accordance with the National Building Code. They shall not occupy more than 10% of

the facade in any case.

17.1.16

REGULATIONS FOR SOLAR PASSIVE BUILDING DESIGN

Scope

The Solar Passive Building Design shall be required in the following type of buildings:—

(i) All the Government and Semi-Government buildings.

(ii) Public and Semi-Public Institutions including Educational, Health, Community

Centres, Banquet Halls, Inns and buildings of Autonomous Bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions.

(iv) Residential buildings in Urban and Urbanisable Areas.

(v) Residential Colonies and Apartments.

(vi) Commercial complexes and buildings related thereto including Hotels, Resorts,

Lodges and Guest Houses.

(vii) Industrial buildings and complexes thereof.

(viii)Transport buildings such as Airport Terminals, Bus Terminals, Railway Stations

etc.

(ix) New Townships.

2. Building Map

The map for the proposed building should accompany a statement giving detail of

specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic

panels, energy efficient and other renewal energy devices as shown in the drawing and proposed to

be installed where required. Expected energy saving in the building should also be mentioned.

3. Site Selection

The site should preferably be selected on southern slopes or sunny side. Availability of sun

shine duration during the winter months of December to March should also be mentioned.

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4. Orientation

The longer axis of the building should preferably lie along east-west directions to trap

maximum solar energy during winters.

5. Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so

that natural day light is available. The stair cases, garages, toilets and stores may be planned

preferably on northern side. Minimum door and window openings on north side be proposed to

avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on

southern side. Glazing in proportion to total surface area of outer wall should not exceed more than

50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions

i.e. 2200 M and higher.

6. Integrating Solar Heating Systems in Building Designs

6.1 Passive solar heating systems like solar air heating, water heating, sun space, solar

walls, space heating, green houses and solar trombe wall etc. shall be integrated in the building

design, wherever possible on southern side, so as to allow maximum direct solar access to these

systems.

6.2 The suitability of space heating systems to be installed or incorporated in the design of

a solar passive building is to be decided by the registered Town Planner/ Architect/

Engineer/Designer /Solar Expert in accordance with building site, climate and space heating

requirements.

7. Solar Photovoltaic Panel (SPV) for Lighting

Wherever possible and required, the solar photovoltaic panels may be integrated preferably

in the building design for providing light in the building, emergency lighting and street lighting, so

that use of electricity is minimized.

Solar Passive Cooling Design Features

The ventilation and Solar Passive cooling features may be incorporated wherever required

as follows:

8.1 Cross Ventilation: Windows on opposite sides of rooms may be provided for proper

circulation and ventilation of fresh and cool air in summers. Windows on southern side may be

fixed with overhangs of adequate height and width to provide shade during the summers.

8.2 Colour and Shading: The external surface of the wall may be painted with white or

light colours to reflect instant solar radiation.

8.3 Ground Embankments: Ground floor may be provided with earth berming upto a

height of around 1.00 M for taking the advantage of constant temperature of the earth through out

the year.

8.4 Outside Temperature: Outside temperature may be modified by landscaping.

9. Reducing Thermal Losses

The local building materials including stone, slate and mud may be utilized to meet the

heating and cooling requirements by storing warmth and keeping the building cool.

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10. Outer Wall Thickness

Outer walls of the building should be made atleast 0.23 M thick or with cavity with air or

with insulation for thermal comfort and to avoid the transfer of heat from outer environment to

inner environment and vice-versa.

11. Installation of Solar assisted Water Heating System in Buildings

11.1 The capacity of the Solar hot water system is to be determined as per the requirement

of particular building. The following building plans shall be submitted alongwith provision of solar

water heating system.—

(a) Hospitals and Nursing Homes.

(b) Hotels, Lodges, Guest Houses, Group Housing or Apartments on an area of more

than 1000 M2.

(d) Barracks of Police.

(e) Functional Buildings of public institutions like Airports, Bus Stands and Railway

Stations.

(f) Community Centres, Banquet Halls and buildings for similar use.

11.2

(a) New buildings should have open space on the roof top which receives direct

sun light. The load bearing capacity of the roof should at least be 50 Kg. per M2. All new buildings

of above categories must complete installation of solar water heating system before putting the

same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in

Regulation 11.1 shall be required at the time of change of building use to above said categories,

provided there is a system or installation, for supplying hot water.

11.3

Installation of solar assisted water heating systems shall conform to the Bureau of

Indian Standards (BIS) specifications. The solar collectors used in the system shall have the Bureau

of Indian Standards (BIS) certification mark.

11.4 All solar water heating systems may have an automatic electric backup system, so that

the same is functional during cloudy or low / non-sunshine days.

11.5 Provision in the building design itself may be kept for an insulated pipeline from the

roof top in the building to various distribution points where hot water or hot air is required.

11.6 The solar water heating system has to be integrated preferably in roof of the building,

wherever possible, so that the panels become integral part of the roof. The solar air /water

collectors/ green houses / sunspaces on the roof for receiving maximum solar radiation will be

allowed.

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12. As per directions issued by the Chief Secretary, Government of India vide D.O.

No. L-14011/ 94/ 2014-UD-11 dated 8^th January, 2015 following norms for roof top Solar PV

installation are permissible:—

Sr.

No.

Category of buildings/ area

Area norm for roof top and capacity

of Solar Photovoltaic Power plant to

be installed

All residential buildings on a plot size of 100

Square Yards and above falling with the

Municipal or Urban Development Authority

limits

Minimum 12 Sqm. area of roof top

Minimum 1 Kilo Watt peak (KWp) or 5

% of connected load whichever is

higher

All private Educational Institutions, Schools,

Colleges,

Hostels,

Technical

Vocational

Education Institutes, Universities etc. having

connected load of 30 Kilo Watt (KW) and

above.

Minimum 60 Sqm. area of roof top

Minimum 5 Kilo Watt peak (KWp) or 5

% of connected load whichever is

higher

All

Government

buildings

and

offices,

Government colleges, District Institute of

Education and Training (DIET), Government

Educational Institutions, Universities etc.

having connected load of 30 Kilo Watt (KW)

and above.

Minimum 25 Sqm. area of roof top

Minimum 2 Kilo Watt peak (KWp) or 5

% of connected load whichever is

higher

All Private Hospitals and Nursing Homes,

Industrial

Establishments,

Commercial

Establishments, Malls, Hotels, Motels, Banquet

Halls and Tourism complexes having connected

load:-

(i)

of 50 Kilo Watt (KW) to 1000 Kilo

Watt(KW).

(ii)

above 1000 Kilo Watt ( KW)

Minimum 120 Sqm. area of roof top

Minimum 10 Kilo Watt peak (KWp) or

5 % of connected load whichever is

higher

Minimum 600 Sqm. area of roof top

Minimum 50 Kilo Watt peak (KWp) or

5 % of connected load whichever is

higher

All New housing complexes, developed by

Group Housing Societies, Builders, Housing

Boards, on a plot size of “

(i) 0.5 Acre to 1.0 Acre

(ii) More than 1.0 Acre to 2.0 Acre

(iii)More than 2.0 Acre to 5.0 Acre

(iv) More than 5.0 Acre

Minimum 120 Sqm. of roof top area

to 480 Sqm. depending on the KWp

(i) Minimum 10 Kilo Watt peak

(KWp).

(ii) Minimum 20 Kilo Watt peak

(KWp).

(iii) Minimum 30 Kilo Watt peak

(KWp).

(iv) Minimum 40 Kilo Watt peak

(KWp).

The area requirement on roof top has been calculated @ 12 Sqm. per 1 KWp

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17.1.17. REGULATIONS

FOR

DEVELOPMENT

BARRIER

FREE

ENVIRONMENT FOR THE PERSONS WITH DISABILITIES IN PUBLIC

AND SEMI-PUBLIC BUILDINGS AND RE-CREATIONAL AREAS

WITHIN THE LIMITS OF ECONOMIC CAPACITY

(1)

Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to

the disabled which shall be indicated by proper signage. This entrance shall have approach through

a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of

the doorway. Minimum size of landing shall be 1000 x 2000 mm.

(2)

Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of

1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%.

Selection of floor material shall be made suitably to attract or to guide visually impaired persons

(limited to floor material hose colour texture is conspicuously different from that of the surrounding

floor material or the material that emit different sound to guide visually impaired persons). Finishes

shall have a non-slip surface with texture traversable by a wheel chair. Curbs wherever provided

should blend to common level.

(3)

Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance

with maximum travel distance of 30 M from building entrance. Width of parking bay

shall be minimum 3.60 M.

(b) Guiding floor materials shall be provided or a device which guides visually impaired

persons with audible signals or other devices which serves the same purpose shall be

provided.

(4)

Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear

width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and

bottom of the ramp. Length of ramps shall not exceed 9.00m having 800 mm high

handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the

adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser

shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped

approach similar to the ramped approach shall be provided.

(5)

Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

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(6)

Corridor connecting the entrance/exit

The corridor connecting the entrance/ exit for handicapped leading directly outdoors to a

place where information concerning the over all view of the specific building can be provided to

visually impaired persons either by a person or signs shall be provided as follows:—

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually

impaired persons.

(b) The minimum width shall be 1500 mm.

1:12.

(d) Handrails shall be provided for ramps/ slope ways.

(7)

Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel

chair user with the following clear dimensions:—

Clear internal depth

1100 mm

Clear internal width

2000 mm

Entrance door width

910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to

the control panel. The lift lobby shall be of an inside measurement of 1800 mm x 2000 mm or

more. Operational details of lifts shall conform to the National Building Code of India.

(8)

Toilets

One special water closet in a set of toilets shall be provided for use of handicapped with

following specifications:—

(a) Provision of wash basin near the entrance.

(b) The minimum size shall be 1500 mm. x 1750 mm

swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from

wall shall be made in the toilet.

(e) The W.C. seat shall be 500 mm from the floor.

(9)

Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having

doorways with clear opening width of 900 mm that can safely hold one or two wheelchairs. The

alarm switch should be installed between 900 and 1200 mm from the floor level.

17.1.18

REGULATIONS FOR ENVIRONMENT AND HEALTH

(a) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least

3 hours sun may be available for each flat during winters. Kitchen and services shall

have to be provided along the external walls. However, if the water closets and

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bathrooms are not opening on to front, side, rear and interior open spaces, these shall

open on to the ventilation shaft, the minimum size of which shall be as under:-

Height of buildings (in M)

Size of ventilation shaft

(in M²)

Minimum one Dimension

of the shaft ( in M)

Upto 10

1.2

0.9

2.8

1.2

4.0

1.5

5.4

1.8

(b) The developer has to ensure prior environmental clearance under the provisions of

Environment Protection Act, 1986 from the competent authority besides consent of the

State Environment Protection and Pollution Control Board under Water Act, 1974 and

Air Act, 1981.

5.00 meter distance from the Forest/Green belt boundary. The distance shall be

measured from the circumference of the tree. No lopping shall be allowable.

(d) In case any unauthorized construction involves cutting/ drying/ lopping of any tree,

electricity, water supply and sewerage connections shall remain disconnected till

clearance is given by the Forest Department.

(e) No construction shall be allowed on land/plot having slope more than 45⁰

(f) No drainage line or nallahs shall be allowed to be covered by any private construction.

However, strategic locations adjacent thereto along the highways may be utilized for

parking purpose either by the Government or by Municipal Corporation or by

Development Authorities for community purposes.

17.1.19

REGULATIONS FOR INFORMATION TECHNOLOGY PARKS.

Slope

Buildings of Information Technology (IT) Park shall be allowed upto 300 slope. The

infrastructural services including roads shall be developed in accordance with the slope of the area.

Land Use structure of complex

Sr. No. Land Use Structure

Maximum limit

Total Covered Area

(i) IT related activities

(ii) Commercial

(iii) Recreational (Indoor)

(iv) Residential

50%

22% to 44%

1% to 5%

1% to 3%

9% to 15 %

Parks and Tot Lots

8% to 12%

Area under Traffic and Transportation

16% to 20%

Area under Set Backs and other Open Spaces

20% to 24%

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Means of Access

(i) The access to the site of IT Park area shall not be less than 5.00 M wide.

(ii) Provisions of internal roads shall be as under:-

Sr.No.

Width

Length

9.00 M

Up to 1000.00 M

12.00 M

Above 1000.00 M

Parking Provision

1. Residential = @ 1.00 car space per 75 M2 floor area

2. Commercial = @ 1.50 car space per 75 M2 floor area

3. Office Use = @ 1.25 car space per 75 M2 floor area

4. Hardware Manufacturing Unit = @ 1.00 car space per 60 M2 floor area

5. Software development/ITES = @ 1.00 car space per 40 M2 floor area

Maximum height of parking floor shall be 3.00 M including depth of beam below the

ceiling of the slab.

Maximum Floor Area Ratio (FAR)

Maximum Floor Area Ratio (FAR) shall be 1.75.

Maximum height of buildings

Maximum height of buildings for IT and related activities shall be 21.00 M.

Set Backs

(i) Block to Block distance shall be 2/3rd of average height of the Blocks.

(ii) Distance of structures from the adjoining properties and side Set Backs shall not be

less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 M distance from internal roads shall have to be maintained.

Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion

joints as per the Structural Design calculations.

Structural Stability

The Structural Stability provisions including Soil Investigation Report have to be strictly

adhered, as enshrined in section 31-A of the Himachal Pradesh Town and Country Planning Act,

1977 (Act No. 12 of 1977) and under Rule 21 of the Himachal Pradesh Town and Country Planning

Rules, 2014.

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10.

Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least

three hours sun may be available for each building during winters. In case of

residential structures, kitchen and services shall have to be provided along the external

walls. However, if the water closets and bath rooms are not opening to the front, sides,

rear and interior open spaces, these shall open to the ventilation shaft. The maximum

size of ventilation shaft shall be 4.00 M2 with minimum one dimension of 1.50 M.

(ii) The Developer shall ensure prior environmental clearance under the provisions of the

Environment Protection Act, 1986 from the Competent Authority, besides consent of

the Himachal Pradesh State Environment Protection and Pollution Control Board under

the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and

Control of Pollution) Act, 1981.

11.

Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director

of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National

Building Code of India i.e. minimum two stair cases for floor area of more than 500

M2. At least one of the stair case shall be on external wall of the buildings and shall

open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50

M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for

more than 3 storeys and one parking floor, it shall be mandatory requirement. The

Developer shall make provision of power back up for the lift and general lighting

within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall have to be made in the Complex and the

layout, showing position and location of the same. It shall be made available to the

nearest Fire Office.

12.

Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate (NOC) from the Himachal Pradesh Irrigation and Public

Health Department (HPI&PH) regarding availability of adequate water supply and

viability of design of rain water harvesting structure shall have to be furnished.

(ii) Adequate provision for rain water harvesting structure, @ 20 Liters per M2 of the roof

top area, shall have to be made underground in the parks and open spaces and the same

shall be used for the purposes other than drinking and cooking.

13.

Parks and Tot Lots

Area under parks and tot lots shall have to be properly developed in regular shape by

providing retaining walls, railings, plantation etc. and amidst the Blocks, proper landscaping of the

IT Park area in accordance with the design shall be ensured by the Developer.

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14.

Existing trees and plantation

(i) No construction shall be allowed within a radius of 2.00 M from the existing tree and

5.00 M from the forest boundary measured from the circumference of an existing tree.

(ii) Plantation shall be ensured @ 125 trees per Hectare.

15.

Distance from Natural drainage

Distance from the Highest Flood Level (HFL) along Rivers, Khuds and Nullahs shall be as

delineated in the Interim Development Plans / Development Plans. In other areas, no construction

shall be allowed in parcel of land prone to floods.

16.

Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal

Pradesh Public Works Department (HPPWD)’s Scheduled roads, Bye-Passes and other District

roads shall be 15.00 M.

17.

Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State

Electricity Board Limited (HPSEB Ltd.) Rules shall have to be maintained. The No Objection

Certificate (NOC) of the Competent Authority shall also be required, if HT/LT line is crossing

through the Complex.

18.

Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of

electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The

proposed space is to be got verified from the concerned Officer of the HPSEB Ltd. and accordingly

No Objection Certificate (NOC) alongwith verification at site shall have to be furnished.

19.

Development of Infrastructure and its maintenance

(i) The Developer shall construct roads and drains, lay electric and sewerage lines and

shall make provision for disposal of solid waste etc. Suitable site has to be reserved for

placement of dumpers. The provision of services infrastructure shall be made through a

duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 M on either

side of the roads.

(iii) The provision of community water reservoir has to be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time

when a Society is formed and got registered by the stakeholders and residents of the

Complex or a Municipality or Gram Panchayat takes over the maintenance pursuits of

the area.

20.

Supervision

The registered Architect from the Council of Architecture and Structural Engineer,

Graduate in Civil Engineering with 3 years experience in Structural Engineering and the Town

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Planner shall be competent for supervision of development of land as per provisions of Annexure-A

of Part II of the National Building Code of India, 2005.

21.

Integration

Proper integration of the IT park area shall have to be ensured with the surrounding uses

and infrastructural provisions like roads, drainage, sewerage etc.

22.

Preservation of local Heritage and Hill Architecture

As far as possible local Heritage and Hill Architecture imperatives shall have to be ensured

and incorporated in the designs in terms of facades, sloping roof, windows, doors etc. in hilly areas.

23.

Other Regulations and instructions as issued by the Government from time to time shall be

adhered strictly.

17.1.20

REGULATIONS FOR DEVELOPMENT OF APARTMENTS AND COLONIES

Site selection

The site may be selected in such area which is going to be proposed for Residential Use and

the same is not having non-conforming uses like obnoxious uses, industrial and dumping ground

etc. in its vicinity.

2. Check List

A Check List showing Regulatory provisions and fulfillment thereof shall have to be

submitted alongwith the proposal for Apartments as under:—

Sr.

No.

Description

As per regulations

As proposed

Scheme Area.

Slope of Area.

Means of Access.

Land Use Structure.

Coverage

(i) Under Flats (Block wise).

(ii) Under other uses (Block wise).

Total Built up Area.

Floor Area Ratio (FAR).

No. of storeys in each Block.

Height of each floor.

10. Total Height of Block.

11. No. of Flats/Dwelling Units in each Block.

12. Total Population.

13. Density per Hectare.

14. Detail of facilities like school, health services

etc. with respect to population.

15. Parking provision.

16. Structural Stability Certification.

17. Distance of structures from natural drainage.

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Sr.

No.

Description

As per regulations

As proposed

18. Distance of structures from Highways and

other District Roads.

19. Distance of structures from HT/LT lines.

20. No

Objection

Certificate

competent

authority of the Himachal Pradesh State

Electricity Board Limited in case HT/LT line is

crossing over/ nearby proposed site.

21. No Objection Certificate of the competent

authority of National Highway / Himachal

Pradesh Public Works Department or Local

Bodies for approach to the proposed project as

the case may be.

22.

No Objection Certificate of the competent

authority

Himachal

Pradesh

Forest

Department.

23.

No Objection Certificate of the competent

authority of Himachal Pradesh Irrigation and

Public Health Department or consent of

Central Ground Water Authority regarding use

of ground water.

24.

No Objection Certificate of the competent

authority of Himachal Pradesh Fire Services

Department.

25.

No Objection Certificate of the competent

authority of Urban Local Bodies/Panchayats.

26.

Provision of Rain Water Harvesting Structure.

27.

Arrangement for disposal and treatment of

solid waste, sullage, sewage, sewerage and

storm water.

28.

Provision for street lighting.

29.

Name of the registered Town Planner /

Architect/Engineer with full correspondence

address, appointed for the job.

30.

Name of the registered Structural Engineer

with full correspondence address, appointed for

the job.

Size and shape of Scheme Area

The cases for permission of Apartments shall be considered in the form of complexes and

not on ribbon development pattern along Highways/Major Roads.

Slope

Apartments shall be allowed upto 30ñ slope.

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Land Use structure of Apartments in a Colony:-

Sr.

No.

Land Use

Percentage to Total Area

Area under Apartments

45 – 50 %

Commercial

02 – 03 %

Public and Semi- Public

06 – 10 %

Traffic and Transportation

10 – 15 %

Parks and Open Spaces

10 – 15 %

Area under, plantation and landscaping etc.

Balance

Note.—Under Commercial Use, convenient shops @ of one shop per 150 persons shall

have to be provided. These will include service shops like vegetable, shoe repair, dry cleaning,

tailor, barber, general merchandise etc. The purpose of these shops should clearly be mentioned in

the Plan and should be accordingly allotted after completion. In case Public and semi-Public

amenities like schools, health centres etc. are available in the vicinity and the same are adequate to

cater for the requirements of inhabitants, detail thereof shall have to be given in the Check List at

Regulation 2. However, provision of toilets and urinals @ two toilets, one for ladies and one for

gents, per 1000 persons and provision for Kindergarten/ tot lots etc. shall have to be made in every

Scheme.

Means of Access

(i) The minimum access/approach from main road to the project site for construction of

colony or apartments with a population of 1000 persons shall not be less the 5.00 M

and for population above 1000 persons shall not be less than 6.00 M.

(ii) Width and length of means of internal access for Colonies of more than 1000 persons

shall be as under:—

(a) For hilly areas:-

Sr. No. Width

(in Metre)

Length upto

(in Metre)

5.00

400.00

7.50

1000.00

9.50

Above 1000.00

Parking Provision

Parking provision shall have to be provided @ one vehicle i.e.18.00 M2 area per 100 M2

floor area. Maximum height of parking floor shall be 3.00 Metre including the depth of beam below

the ceiling of the slab.

Maximum Floor Area Ratio (FAR)

(i) Maximum permissible FAR shall be 1.75. However, the maximum FAR with respect

to Apartments shall be 1.50. The rest 0.25 FAR 146 shall, however be meant for Public

and Semi-Public and Commercial purposes in view of the requirements of locality as

well as surrounding areas.

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(ii) In case of a Colony where independent Plots, Apartments and Cottages are proposed to

be developed and constructed, the calculation of FAR shall be as under:-

(a) For independent Plots—

The FAR shall be calculated for whole of the Plot area.

(b) For Apartments—

The FAR shall be calculated for the built up area

available after leaving prescribed Set Backs.

The FAR shall be calculated for whole of the land over which cottages are

proposed to be constructed.

Floor Height and Maximum Height of Building

The minimum floor height of Apartments may vary from 3.00 Metres to 3.50 M. However,

the overall height of the building shall not exceed 30.00 Metres in plains areas and 25.00 M

including sloping roof in hilly areas of the State. Maximum height of sloping roof shall be in

accordance with the volume of structure and the same shall not be less than 30° slope of the roof.

The height of the Block shall be measured from plinth of the Block to the ridge of the roof

including parking and roof. The minimum slope of the roof/ dormer shall not be less than 300 . The

colour of the roof shall be in post office red or grey green or any other colour conforming to the

colour of the natural roofing material

10.

Set Backs

The Block to Block distance shall be 1/3rd of average height of Blocks subject to minimum

of 6.00 M. Distance of Apartments from the adjoining properties and side Set Backs for plain area

shall not be less than 1/3rd and for hilly area 1/4 th of the height of the respective adjacent Block

subject to minimum of 3.00 M.

11.

Structural Stability

The Structural Stability provisions including Soil Investigation Report have to be strictly

adhered as enshrined under section 31-A of the Himachal Pradesh Town and Country Planning Act,

1977(Act No. 12 of 1977) and under Rule 21 of the Himachal Pradesh Town and Country Planning

Rules,2014. Monitoring of the same shall have to be ensured at each floor level and Completion

Certificate in this regard shall be furnished to the Director, Town and Country Planning

Department, Himachal Pradesh, Shimla.

12.

Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least

3 hours sun may be available for each flat during winters. Kitchen and services shall

have to be provided along the external walls. However, if the Water Closets (WCs) and

bath rooms are not opening on to front, side, rear and interior open spaces, these shall

open on to the ventilation shaft. The minimum size of which shall be as under:—

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Sr.

No.

Height of Buildings

(in Metre)

Size of Ventilation Shaft

(in square Metre)

Minimum one dimension of the

Ventilation Shaft ( in Metre)

Upto 10.00

1.20

0.90

Upto12.00

2.80

1.20

Upto18.00

4.00

1.50

24.00 & above

5.40

1.80

13.

Safety Measures

(i) In case of buildings above 15.00 M of height, No Objection Certificate (NOC) from

the Director, Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of National Building

Code of India i.e. minimum of 2 stair cases for floor area of more than 500 M2. Atleast

one of the stair case shall be on external wall of the buildings and shall open directly to

the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in one flight.

(iii) Upto 4 storeys and 1 parking floor, provision for a lift shall be optional. However, for

more than 4 storeys and one parking floor, it shall be mandatory requirement. The

Promoter has to make provision of power back up for the lift and general lighting

within and outside the building at his own cost.

14.

Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate (NOC) from the Himachal Pradesh Irrigation and Public

Health Department(HPI& PH), regarding availability of adequate water supply and

viability of design of rain water harvesting structure shall have to be furnished.

(ii) Adequate provision for rain water harvesting structure @ 20 Liters per M2 of the roof

top area shall have to be made underground in the parks and open spaces and the same

shall be used for the purposes other than drinking and cooking.

15.

Parks and Open Spaces

Area under parks and tot lots shall have to be properly developed in regular shape by

providing retaining walls, railings, plantation etc. and amidst the Blocks, proper landscaping of the

Apartment area in accordance with the design shall be ensured by the Promoter.

16.

Existing Trees and Plantation

(i) No construction shall be allowed within a radius of 2.00 M from the existing tree and

5.00 M from the forest boundary measured from the circumference of an existing tree.

(ii) The Promoter shall ensure plantation of trees at least equivalent to the anticipated

population of the area and the same shall have to be monitored by the Director, Town

and Country Planning Department, Himachal Pradesh, Shimla. Local varieties of trees

with exotic impact and attraction shall have to be planted.

17.

Distance from Natural Drainage

Distance from the Highest Flood Level (HFL) along Rivers, Khuds and Nullahs shall be as

delineated in the Interim Development Plans / Development Plans. In other areas, no construction

shall be allowed in parcel of land prone to floods.

18.

Distance from Roads

Distance of structures from roads shall have to be adhered as under:-

(i) National/ State Highways/ Himachal Pradesh Public Works Department’s Scheduled

Roads and Bye-passes = 15.00 M

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(ii) Other District Roads. = 10.00 M

(iii) Other Roads = 5.00 M

19.

Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State

Electricity Board Limited (HPSEB Ltd) Rules shall have to be maintained. The No Objection

Certificate (NOC) of the competent authority shall also be required, if HT/LT line is crossing

through the Scheme.

20.

Assessment of Power Requirement

In case, power assessment exceeds 50 KW, proper space for installation of electricity

Transformer is required to be provided in the layout plan and provision has to be made for coming

11 KV line. The proposed space is to be got verified from the concerned Officer of the Himachal

Pradesh State Electricity Board Limited (HPSEB Ltd) and accordingly No Objection Certificate

(NOC) alongwith verification at site shall have to be furnished.

21.

Reservation for Economically Weaker Sections, Low Income Groups of Society and

Bonafide Himachalis

The promoter shall have to ensure the reservation for Economical Weaker Section (EWS) ,

Low Income Group (LIG) of the society and Bonafide Himachalis atleast 25 % of developed land (

residential apartments and residential plots ) in all housing projects.

22.

Development of Infrastructure and its Maintenance

The Promoter shall construct roads, drains, lay electricity lines, sewerage and make

provision for disposal of solid waste etc. Suitable site has to be reserved for placement of dumpers.

The provision of services infrastructure shall be made through a duct to be constructed on sides of

the road and the same have to be ascertained by the Director, Town and Country Planning

Department, Himachal Pradesh, Shimla during the course of development at site. The Promoter has

to provide street light poles, each at a distance of 30.00 M on either side of the roads. The provision

of community water reservoir has to be made in the Scheme. All the infrastructural services shall

be maintained till such time that a Society is formed and got registered by the residents of the

Scheme or Municipal Corporation or Municipal Council or Nagar Panchayat or Special Area

Development Authority (SADA) or Panchayat, undertakes the maintenance pursuits of the area.

23.

Control on Registration of Apartments and release of service connections

The Sub-Registrar shall not register sale deed of a Flat/ Apartment which has been

constructed in violation of an approved plan. Similarly, the Himachal Pradesh State Electricity

Board Limited as well as Himachal Pradesh Irrigation and Public Health Department shall not

release any 150 service connection without obtaining No Objection Certificate (NOC) of the

Director, Town and Country Planning Department, Himachal Pradesh, Shimla under provision of

section 83-A of the Himachal Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977).

24.

Supervision

The registered Architect from the Council of Architecture and Structural Engineer,

Graduate in Civil Engineering with 3 years experience in Structural Engineering and the Town

Planner shall be competent for supervision of development of land as per provisions of Annexure-A

of Part II of the National Building Code of India, 2005.

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25.

Integration

Proper integration of the Apartment area shall have to be ensured with the surrounding uses

and infrastructural provisions like roads, drainage, sewerage etc.

26.

Preservation of local Heritage and Hill Architecture

As far as possible local Heritage and Hill Architecture imperatives shall have to be ensured

and incorporated in the designs in terms of facades, sloping roof, windows, doors etc. in hilly areas.

27.

Urban Development Plan Formulation and Implementation (UDPFI) Guidelines.

In case of any clarification with reference to any proviso or if there is no any specific

provision, the provisions as envisaged in the Urban Development Plan Formulation and

Implementation (UDPFI) Guidelines of the Government of India or the National Building Code of

India shall have to be adhered to.

17.1.21

REGULATIONS FOR INSTALLATION OF COMMUNICATION TOWERS

1. Definition.—Communication Tower- shall include Antenna, fabricated Antenna,

Antenna fixtures, tower erected on ground to install the telephone lines including transmission

lines. This will not include the Antennas installed for domestic purpose, namely Television

Antennas or Dish Antennas or Cable Antennas.

The policy for setting up Mobile Communication Towers, as approved by the Hon’ble

Cabinet has been received from the Secretary IT) to the Government of Himachal Pradesh through

Principal Secretary (TCP) to the Government of Himachal Pradesh vide letter No. TCP-F(10)-

6/2005 dated 1.9.2006. As per policy of Mobile Communication Towers following norms has been

approved:-

2. Application for Permission:

(i)

Application to a Local Body/SADA shall be made along with the following

documents:

(ii) Affidavit from the owner of the land/building containing his consent along with proof

of ownership.

(iii) Copy of sanctioned roof plan, if the tower is to be erected on an existing building. As

far as possible, sufficient open space should be left on all sides of the tower to ensure

that damage is not caused, if the tower falls down. If due to any specific site related

limitations, sufficient space cannot be left and if permission is to be granted, third party

insurance of such amount shall be got done, as may be decided by

the

sanctioning

authority.

(iv) Design parameters and foundations details. Drawing of tower with complete details in

shape of ferro-prints. Height of the tower and HT lines in the vicinity should be clearly

indicated.

(v) Structural safety certificates of tower from a graduate structural engineer who should

be a member of IEEE.

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(vi) Indemnity Bond to take care of any loss or injury due to accident caused by the tower

(including a declaration to the effect that the applicant shall take special precaution for

fire safety and lightning.

(vii) Requisite Fee by way of a demand Draft.

(viii)Revenue documents i.e. tatima and jamabandi in original.

(ix) Site plan in scale of 1:200 and location plan in 1:1000.

(x) Copy of completion plan of the building if tower is to be erected on top of an existing

building.

NOTE.— In case of Gram Panchyats, roof plan at Sr. No. (ii) and completion plan as per Sr. No.

(ix) shall not be required.

3. Fee.—(a) Prior permission of the Local Body/SADA/(as the case may be) will be

obtained for raising nay construction, including tower as under:—

(b) One time and renewal fee to be charged at the following rates shall be paid:

(i) Municipal Corporation, Shimla: Installation Fee @ Rs.

20,000/-

per

tower and Annual Renewal fee @ Rs. 10,000/-= per annum per tower. Fee in

following Special areas falling

within Shimla Planning Area namely Dhalli,

New Shimla (

Kasumpti) and Totu will also be levied at the same rates.

(ii) Other Urban/SADA Areas: Installation Fee @ Rs. 10,000/-

per tower and

Annual Renewal Fee @ Rs. 5,000/- per annum per tower.

(iii) Rural Areas and Urban/SADA locations in Tribal/Difficult

Area: Installation

Fee @ Rs. 4,000/- per tower and Annual Renewal Fee @ Rs. 2,000/- per annum

per tower.

NOTE:



An option for lump sum payment of renewal fee may also be given in blocks of 5

years (with 40% discount for upfront payment of the entire amount including

renewal fees for 5 years). There will be periodic incase

in renewal fee by 25%

after every 5 years.



An additional amount @ 60% shall be levied for every additional antenna which shares

the same tower.

(C) It is clarified that this Fee shall be charged for granting requisite approval for erecting

the immovable structure viz. communication tower on top of an existing building or on

the ground. This fee shall be in addition to the rent charged by the owner of land,

which he negotiates with the Telecom Service Provider.

Prohibition on Subletting : These structures will not be sublet without the permission

of the Local Body/SADA, which has granted the original permission.

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Deemed Approval.—A final decision shall be taken within 30 days from the date fo

submission of all the documents. If the documents submitted for permission are complete in all

respects and a decision is not taken within 30 days, deemed permission shall be assumed. Local

Body/SADA/MC shall also have online application form for installation of Mobile Communication

Towers. Monitoring of applications through REFNIC or any other online interface on the lines of

website of TCP shall be provided.

Location.—Location of communication towers is governed by radio frequency system

and as far as possible, cellular operators should try to avoid residential area. The location shall be

decided as follows.

(i)

First preference should be given to the location of tower in the commercial areas or

other public areas.

(ii) Where it is not possible to avoid the location of this tower in residential area,

possibility should be explored to locate these in open spaces or on community

buildings in these areas.

(iii) Where it is not possible to find such suitable space mentioned at Sr. No. (ii) above,

tower should be permitted on the roof top of residential buildings.

(iv) Erection of towers on heritage buildings shall not be allowed.

(v) Such towers can be permitted only on top of buildings already approved or regularised

under the law in force.

Compounding of Minor Deviations.—At certain places the Telecommunication

Operators are forced by technical feasibility to install Antennae on the particular building which

may have minor violations, which are compoundable as per Law. In such cases, building owner can

get compounding done in advance for which an outer time limit of 30 days for taking a final

decision shall be applicable.

Noise Pollution.—Generator sets installed at the tower site to cater to the poer

requirements of the antenna should conform to the noise and emission norms prescribed under the

Environment Protection Rules. However, in view of time frames set out for electricity providing

electricity connection, need for generators should be minimized.

Acknowledgement of a duly filled application form to the concerned Local Body/SADA

shall be deemed to be sufficient for making an application to HPSEB &PCB (Himachal Pradesh

State Environment Protection & Pollution Control Board). Consent to operate shall be normally

granted seeing manufactures specification sheet, unless there is a felt need of carrying out noise

tests. However, antenna shall be made operational only after obtaining permission of Local

Body/SADA, HPSEB & PCB (if applicable) and other clearances as per S.No. 4 above.

“ The policy as communicated by the department of information technology, Govt of

H.P, shall be applicable in toto in all the Planning Areas and Special Areas in the State

of H.P. subject to the condition that minimum setbacks as applicable for residential

buildings in the Planning Areas or Special Areas shall be applicable in case tower is

installed on ground. A structural stability certificate of the building shall be mandatory

for roof top towers and tower erected on ground from the competent authority ”.

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17.1.22

REGISTRATION OF

PRIVATE PROFESSIONALS

NAMELY

TOWN

PLANNERS/ ARCHITECTS/ ENGINEERS/ DRAUGHTSMAN / SURVEYORS,

THEIR QUALIFICATIONS AND COMPETENCY

Essential requirements—

Every Plan / Design within the limits of Planning Area/ Special Area shall be prepared/

designed/ signed by the Town Planner/ Architect / Engineer/ Draughtsman /Surveyor belonging to

an appropriate class of Town Planner/ Architect / Engineer/ Draughtsman/Surveyor duly registered

by the Director.

Categorization—

The registered Town Planner/ Architect / Engineer/ Draughtsman/Surveyor for the purpose

of preparation of Plans/Design/sign shall be classified into following 3 classes namely A, B and C.

The classification being based on the plot area for which they will be eligible to prepare Plans/

Design and sign the same within Planning Area/Special Area. The limit of the plot area for the

preparation of Plans /Design/sign by such class of the registered Town Planner/ Architect /

Engineer/ Draughtsman/ Surveyor shall be as under:—

Class

Plot Area for

Building Plan

Area for Sub-

Division of land

Class of Town where

entitled to function

A-Class

No limit

Municipal

Corporation,

Municipal Councils, Nagar

Panchayats and Rural Areas

B-Class

500 M2

5000 M2.

Municipal Councils, Nagar

Panchayats and Rural Areas

C- Class

250 M2

Nil

Nagar Panchayats and Rural

Areas

Class wise Qualification-

The minimum qualification necessary for the registration of Town Planner/ Architect /

Engineer/ Draughtsman/ Surveyor of an appropriate class shall be as under:—

(i) Class-A-

(a) A Degree or equivalent qualification in Town Planning or Regional Planning

from a recognized University or Institute making the holder eligible for the

Associateship or Fellowship of the Institute of Town Planners (India) or Royal

Institute of Town Planners(London).

(b) A Degree or equivalent qualification in Architecture from a recognized University

or Institute, making the holder eligible for Associateship or Fellowship of the

Royal Institute of British Architects or Institute of Architects (India) and

registered with the Council of Architecture.

University or Institute, making the holder eligible for the Associate Membership

of the Institute of Engineers (India).

(ii) Class-B-

Three years Diploma in Civil Engineering or equivalent or three years Diploma in

Architectural Assistantship awarded by the State Board of Technical Education or

Intermediate in Architecture or equivalent.

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(iii) Class-C-

Two years Diploma in Civil Draughtsmanship /Surveyor or equivalent from a

recognized Polytechnic/ Industrial Training Institute and recognized for

recruitment as a Civil Draughtsman/ Surveyor.

Registration and Renewal Fee-

The non-refundable Registration Fee and Renewal Fee after a period of five years of initial

Registration shall be as given in the following Table.

Sr.

No.

Category of Registered Private Professionals Registration Fee

(Rupee)

Renewal Fee

(Rupee)

Class-A :

(a) Town Planner /Architect/ Engineer.

(b) Group or Company of Town Planners/

Architects/ Engineers.

2000.00

6000.00

2500.00

7500.00

Class-B

1000.00

1250.00

Class-C

600.00

750.00

The Renewal Fee shall be payable every five years after the initial Registration.

Provided that the Architects registered with the Council of Architecture, New Delhi

under the Architects Act, 1972 shall not require Registration under these Rules. However,

such Architects shall require to be empanelled with the Director without paying any Fees.

Such Architect once empanelled, shall not required any renewal of empanelment.

Cancellation of Registration-

The Director may suspend or cancel the Registration of any Town Planner/ Architect /

Engineer/ Draughtsman/Surveyor, who in the opinion of the Director is not carrying out the

requirements of the Zoning Regulations framed under Interim Development Plan, Development

Plan and the Guidelines issued under the Himachal Pradesh Town and Country Planning Act, 1977

and the Himachal Pradesh Town and Country Planning Rules, 2014.

Provided that before the Registration is cancelled, an opportunity of being heard shall be

afforded to the concerned Town Planner/ Architect / Engineer/ Draughtsman/ Surveyor.

Provided further that three opportunities shall be given to a professional before finally

cancelling the Registration.