The Puducherry Regularization of Unauthorisedly Constructed Buildings and Buildings Constructed in Deviation to the approved Plan Scheme, 2024.

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

➢ EXTRAORDINAIRE EXTRAORDINARY

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▪   2024 } ➢| 18 { No. 26 Poudouchéry Mercredi 1 8 Septembre 2024

No. Puducherry Wednesday 18th September 2024

(27 Bhadra 1946)

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (HOUSING)

(G.O. Ms. No. 13/2024-Hg., Puducherry, dated 12th September 2024)

ORDER

The Union territory of Puducherry has witnessed rapid urbanization and population growth in all areas leading to proliferation of large number of unauthorized developments which are detrimental to the sustained and balanced growth of Union Territory. The Government had taken various steps to create awareness among the public and curb the unauthorised developments. But, the number of unauthorised developments is huge and demolition of all such construction is not

[ 411 ] 412 LA GAZETTE DE L'ETAT [PART–II

practically feasible and would be socially disruptive. Therefore, the Government of Puducherry, in consultation with the Town and Country Planning Department, hereby notifies the following Scheme to regularise the unauthorised constructions and buildings constructed in deviation to the sanctioned plan, as a one-time measure.

The general public may submit their objections/suggestions within a period of 30 days from the date of publication of the Notification in the Official Gazette and the objections/suggestions shall be submitted to the Chief Town Planner, Town and Country Planning Department, Government of Puducherry.

(By order of the Lieutenant-Governor)

P. EJOUMALE, Under Secretary to Government (Housing).

————

NOTIFICATION

In exercise of the powers conferred by Section 46A read with Section 2(37) of the Puducherry Town and Country Planning Act, 1969 (No. 13 of 1970), the Lieutenant- Governor, Puducherry, in consultation with the Town and Country Planning Department, hereby notifies the following Scheme namely:-

1. Short title, applicability and commencement.—(1) This Scheme may be called "The Puducherry Regularization of Unauthorisedly Constructed Buildings and Buildings Constructed in Deviation to the approved Plan Scheme, 2024".

(2) They shall be applicable to all the existing buildings and buildings where structural works are completed and all roof slabs are laid, in the jurisdiction of all the Planning Authorities in the Union territory of Puducherry, constructed from 01-05-1987 to the date of Notification of the Scheme.

(3) They shall come into force from the date of its Notification

in the Official Gazette.

2. Definitions.— In these Scheme, unless the context otherwise

requires,-

(i) "Act" means the Puducherry Town and Country Planning

Act, 1969;

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PART–II] LA GAZETTE DE L'ETAT

(ii) "Board" means the Puducherry Town and Country Planning

Board constituted under the Act;

(iii) "Building Bye-Laws" mean the Puducherry Building

Bye-Laws and Zoning Regulations, 2012;

(iv) "Construction" means any construction, addition or reconstruction which was carried out or completed during the period from 01-05-1987 to the date of Notification of the Scheme, without obtaining a building permission from the Planning Authority;

(v) "Guideline Value" mean the prevailing guideline value of land in terms of rupees per square metre as fixed by the Registration Department of the Union Territory, as on the date of filing of Application for regularisation;

(vi) "Notification" means a Notification published in the Official Gazette of Puducherry and the word "Notified" shall be construed, accordingly;

(vii) "Planning Authority" mean any Local Planning Authority

constituted under the Act;

(viii) "Registered Technical Personnel" mean a Town Planner/ Architect/Engineer/Structural Engineer/Quality Auditor/Construction Engineer/Developer/Licensed Supervisor registered or deemed to have been registered by the Planning Authority;

(ix) "Rule" means the Puducherry Town and Country Planning

Rules, 1974;

(x) "Total Built up area" mean the entire built up area covered

in the building including common areas and balconies on all floors;

(xi) "Unauthorized Deviated Construction" mean any construction, addition or reconstruction which was carried out or completed during the period from 01-05-1987 to the date of Notification of the Scheme, in deviation to the sanctioned building plan issued by the Planning Authority;

(xii) Words and expressions used and not defined in this Scheme, but defined in the Act, the Rules and the Puducherry Building Bye-Laws and Zoning Regulations, 2012 made thereunder, shall have the same meaning assigned to them in the said Act, the Rules and the Building Bye-Laws.

414 LA GAZETTE DE L'ETAT [PART–II

3. Regularization Notice to the Building owners.— The concerned Planning Authority may serve a notice to all the owners or occupiers of unauthorized buildings or deviated buildings within a period of six months from the date of notification of the Scheme.

4. Compulsory Online Application for Regularization.— (1) As per clause 1 (2) as stated above, an Application for regularization of unauthorized construction/unauthorized deviated construction as given in Annexure-I shall be made by the Owner/General Power of Attorney/ Registered Association to the Planning Authority in the prescribed pro forma along with the documents listed below only through online mode. It shall be filed within a period of 6 months from the date of Notification of this Scheme along with the required fees as mentioned in clause 6. If any Owner/General Power of Attorney/Registered Association does not apply within the stipulated time, he shall be liable for enforcement action under the law, as per clause 13 and his building shall not be taken up for regularization under this Scheme.

(2) The Application shall be accompanied by the following

documents, namely:-

(a) Proof for payment of Application fee, if any, paid to the

Planning Authority under this Scheme.

(b) Floor plans, elevations and sections of the buildings constructed, the site plan, building plan and wherever applicable the service plans, parking plans drawn as provided in the Puducherry Building Bye-Laws and Zoning Regulations and specification thereunder. The plans so submitted shall be:

(i) Certified by the owner to the effect that "These are the drawings having reference to the details furnished in the Application and documents enclosed along with it".

(ii) Certified by the Registered Technical Personnel to the effect that "These are the drawings having reference to the details furnished in online Application and documents enclosed along with it and that the details and measurements therein conform to the actual constructions made at the site. Further, certify that the

unauthorized building(s) is/are structurally stable".

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PART–II] LA GAZETTE DE L'ETAT

(iii) Certified by a Registered Structural Engineer to the

effect that "The unauthorized Special Buildings/

Multi-storied Buildings/Group developments as per the

drawings and Application(s) enclosed herewith is/are

structurally stable".

(c) Self-attested copy of ownership documents of the land/

site/apartment.

(d) Time stamped digital photographs of the unauthorised

buildings applied for regularisation under this Scheme (minimum

of 4 numbers from all the four sides showing all external details

of development) which is to be signed by the owner and the

Registered Technical Personnel.

(e) Proof for the period of completion of the construction/

structural works completed/roof laid (copy of property tax/

electricity/water supply bills).

(f) Proof of valid registration of the Registered Technical

Personnel.

(g) Copies of the documents regarding Court cases, if any,

(Courts, Tribunal, Ombudsman, etc.) pertaining to or of reference

to the plot or constructions therein.

(h) Any Government orders, circulars, any form of

communication(s) pending to the plot/land or any construction

works therein.

(i) Copy of approved plans and/or permit issued, if any,

by the Planning Authority.

(j) Details of action, if any taken by the Planning Authority

against the unauthorized construction.

(k) Copy of previous orders, if any, regularizing constructions

within the Plot.

(l) Copy of the resolution made by all owners of their

Association (for residential apartments).

416 LA GAZETTE DE L'ETAT [PART–II

(m) Checklist and acknowledgment.

(n) Any other details pertaining to or of relevance to the plot

and buildings therein, if any.

(3) If, the online Application received is not in order and /or

incomplete for further scrutiny, the Planning Authority shall return the

same, within ninety working days of the receipt of the online Application,

to the Applicant (Annexure-III).

(4) The site of construction of unauthorized buildings

constructed in unapproved/unauthorized layouts falling outside the

Comprehensive Development Plan area in Puducherry and Karaikal

regions shall be regularized by collecting charges as per the G.O. Ms.

No. 20/2017-Hg., dated 20-10-2017, as subsequently amended, in the first

instance and thereafter the buildings constructed in the said site shall

be considered for regularisation.

5. Clearance from other Authorities/Departments in certain

cases.— In the following cases, clearance (NOC) shall be obtained by

the Applicants from the concerned Authorities before considering the

Application under the Scheme by the Planning Authority:

(a) In respect of cases of residential and non-residential

buildings exceeding 17 mts. in height, and buildings of public

congregation like Schools, Cinema Theatres, Function halls and other

assembly buildings on plot area of 500 sq.m. and above from the Fire

Service Department.

(b) From Airport Authority of India/Archaeological Survey of

India/Railways or any State/Central Government Organizations, wherever

applicable.

6. Payment of Fee and Regularization Charges.— (1) Application

Fee.— A non-refundable Application fee of 5,000 (Rupees five

thousand only) for ordinary residential buildings and 10,000 (Rupees

ten thousand only) for other buildings shall be paid in the name of the

Member-Secretary of the concerned Planning Authority at the time of

filing online Application for regularization by way of e-transfer.

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PART–II] LA GAZETTE DE L'ETAT

(2) Scrutiny Fee.— A non-refundable scrutiny fee at the rate of

20 per sq.m. for ordinary buildings and 50 per sq.m. for Applications

other than ordinary buildings shall be paid in the name of the

Member-Secretary of the concerned Planning Authority along with the

Application by way of e-transfer.

(3) Regularization Charges.— (a) The owner/applicant shall

pay the regularization charges at the rates as given in Annexure-II.

(b) In case of deficit parking area in the ongoing

constructions, online Application for regularization shall be

considered, only, if parking area is provided as per the

requirements specified in the Puducherry Building Bye-Laws

and Zoning Regulations. However, in case of deficit parking area

in the buildings completed and occupied before this notification,

regularization charge equivalent to the Weighted Guideline Value

of the land rated in the concerned locality applicable at the time

of submission of online Application shall be paid for the deficit

parking area.

(c) The charges are levied for the total violated built-up area

on all floors. The charges does not include the fee / charges

such as permit/development charges etc., to be payable to other

Departments/Local Bodies/Government Agencies.

( d) T he P l a nn in g Aut ho r i ty aft e r v er ifi c a t i o n o f t h e

self computation table of regularization charge filed by the

Applicant shall intimate in Annexure-IV about the regularization

charges to be paid by the Applicant.

(e) The Applicant shall remit the regularization charges by

way of e-transfer to the Member-Secretary of the concerned

Planning Authority within 30 days from the receipt of notice as

in Annexure-IV.

7. Regularization Scheme will not be applicable to the following

cases.— Regularization of unauthorized constructions shall not be

considered in the following cases and in cases where public interest

and public safety are likely to be adversely affected, viz.

418 LA GAZETTE DE L'ETAT [PART–II

(a) Encroachment on Government land or property belonging to

Public undertakings, Puducherry Housing Board, Puducherry Industrial

Promotion and Development Investment Corporation, Puducherry Urban

Development Agency, Local Body, Endowments, Hindu Religious

Institution and Wakf Board, etc.

(b) Land for which the Applicant has no Title Deed.

(c) Surplus land declared under the Puducherry Land Reforms

Act/Agriculture Land/Ceiling/lands resumed under the Land Acquisition

Act, etc.

(d) Buildings affected under alignment of any proposed road

under Master Plan/ Comprehensive Development Plan/Road Development

Plan or any other public road/Rail corridors.

(e) Tank bed and lake, canal bunds, river course/drain/canals

and any water-body.

(f) Prohibited buildings under the Coastal Regulation Zone and

such other environmentally restricted zones as prescribed in the

respective regulations.

(g) Layout/Master Plan Open Spaces/Areas earmarked for

Recreational use in the Master Plan/Comprehensive Development Plan.

(h) Buildings that are not in conformity with the land use as

notified in the Master Plan/Comprehensive Development Plan.

(i) Site under legal litigation/disputes regarding ownership of

the site/building.

(j) Building constructions that compromises on structural safety

of the building.

(k) Under any circumstances the buildings/floors constructed

after the cut-off date as stipulated in clause 1(2) are not eligible for

regularization. If, any Registered Technical Personnel (RTP)/Applicant

submit application for regularization of such buildings suppressing the

facts, he/she will be black listed without any notice. No Application of

blacklisted RTP is acceptable, until unblocked by the Planning Authority

with the consent of the Town and Country Planning Board.

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PART–II] LA GAZETTE DE L'ETAT

8. Exemption.— (i) Buildings constructed prior to 01-05-1987.

(ii) Huts, semi-permanent and RCC residential buildings up to

two storeys (G+1) in sites up to 60 sq.m. of built-up area are exempted

from operation of this Scheme.

(iii) Residential building falling in slums, identified/notified by

the Puducherry Slum Clearance Board / other identified slums/free house

sites given by the Government and residential buildings constructed by

the beneficiaries of various Government Housing Subsidy Schemes (for

Below Poverty Line (BPL) category only).

9. Violation after submission of online Application.— During

verification, if it is found that the Applicant has misrepresented/

undertaken further additions or extensions to the existing building after

submitting the online Application, then such Application shall be

summarily rejected and necessary action shall be taken against such

unauthorized buildings including sealing/demolition of premises as per

law and also legal actions shall be initiated against the Registered

Technical Personnel and the Applicant.

10. Scrutiny, Rejection and Approval by the Planning Authority.—

After receipt of the online Application for regularization in the

prescribed pro forma (Annexure-I) along with required documents and

plans as per this Scheme, the Planning Authority (or) and the Town and

Country Planning Department shall carryout inspection, confirm the

status of the building and scrutinize the Application. The Applications

for regularization of ordinary residential and ordinary commercial

buildings shall be disposed of by the Member-Secretary of the Planning

Authority. The online Applications for regularization of buildings other

than ordinary residential and ordinary commercial buildings shall be

placed before the Planning Authority Committee, for its approval. The

Planning Authority/Committee will examine whether the minimum safety

and security provisions in the building are provided such as, clearance

from overhead electric lines, availability of minimum width of road,

availability of parking facilities, facilities for persons with disabilities,

fire escape staircases, lift, provisions for waste disposal, rainwater 420 LA GAZETTE DE L'ETAT [PART–II

storage arrangements, solar assisted water heating and lighting systems

and any other provisions in the building Bye-Laws having serious safety

and security concerns. The buildings having outright violations that

exceed the limits of regularization tolerance as above shall not be

considered by the Planning Authority/Committee and its decision shall

be communicated to the Applicant. The Applicant shall comply with the

directions of the Planning Authority Committee within 30 days from the

date of communication of the decision. The Planning Authority shall

communicate its approval or rejection to the Applicant, as early as

possible, but not beyond six months from the date of receipt of online

Applications (Annexures-V and VI). Mere submission of online

Application or any delay in communication of final orders in the matter

by the Planning Authority will not be construed as Approval.

11. Regularization of individual flats.— (1) Individual flats in a

building shall be regularized following two stage process. Wherein, the

registered Association or Society of the building has to submit drawings

for the entire building along with detailed infrastructure drawings.

individual flat owner shall submit detailed drawings for the unit owned

by him in the building. Scrutiny, subject to clause (10) shall be made as

follows:

(i) An in-principle clearance shall be given for the entire

building in which the said residential/commercial flat is situated.

(ii) If, the entire building is found approvable, then

regularization of the individual flat/floor under reference shall

be done.

(2) The Planning Authority Committee shall decide the

regularization charges that is to be paid in common by the registered

Association or Society and that is to be paid by the individual for their

individual flat/floor of the building.

12. Issue of proceedings showing Regularisation of the Buildings

and Occupancy Certificate (Annexu re-V).— In case of approval,

the Planning Authority shall issue proceedings to the effect that the 421

PART–II] LA GAZETTE DE L'ETAT

building is regularized under this Scheme and the proceedings issued

by the Planning Authority itself shall be treated as Occupancy

Certificate. In case of incomplete buildings, Occupancy Certificate shall

be issued only after the verification of the completion of buildings, in

all aspects.

13. Consequences of non-regularization.— Where no regulations

is ordered under this Scheme for an unauthorised/ deviated building;

then-

(a) No electricity, water supply, drainage and sewerage

connections shall be extended to such unauthorised/deviated building;

(b) Such unauthorised/deviated building shall not be registered

by the Registration Department;

(c) Such unauthorized constructions would be treated as

continuing offence and penalty as per the Act/Rules would be levied;

(d) Other enforcement action including sealing/demolition shall

be initiated by the Planning Authority as per the Building Bye-Law

provisions;

(e) Unless the existing buildings in a site are regularised, no

fresh building Applications shall be considered by the Planning

Authority.

14. Infrastructure Development Fund.— (i) All the fees arising

under this Scheme shall be kept in a separate corpus fund by the

respective Planning Authority. Such funds shall be utilized by the

Planning Authority for the purpose of augmentations, improvements or

creation of an infrastructure facility.

(ii) The following Committee on Infrastructure shall be

constituted for each region as follows:

(I) Puducherry Planning Area

(a) Secretary (Local Administration Department) . . Chairman

(b) Secretary (Public Work Department) . . Member 422 LA GAZETTE DE L'ETAT [PART–II

(c) Secretary (Town and Country Planning) . . Member

(d) Member-Secretary,

. . Convenor

Puducherry Planning Authority.

(II) Karaikal Planning Area

(a) District Collector, Karaikal District . . Chairman

(b) Municipal Commissioner,

. . Member

Karaikal Municipality.

(c) Deputy Director,

. . Member

Local Administration Department

(d) Superintending Engineer,

. . Member

Public Works Department, Karaikal.

(e) Member-Secretary,

. . Convenor

Karaikal Planning Authority.

(III) Yanam Planning Area

(a) Regional Administrator, Yanam . . Chairman

(b) Municipal Commissioner,

. . Member

Yanam Municipality.

(c) Executive Engineer,

. . Member

Public Works Department, Yanam region.

(d) Member-Secretary,

. . Convenor

Yanam Planning Authority.

(IV) Mahe Planning Area

(a) Regional Administrator, Mahe . . Chairman

(b) Municipal Commissioner,

. . Member

Mahe Municipality.

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PART–II] LA GAZETTE DE L'ETAT

(c) Executive Engineer,

. . Member

Public Works Department, Mahe region.

(d) Member-Secretary,

. . Convenor

Mahe Planning Authority.

(iii) This committee shall examine the requirement of the

infrastructure projects for the respective planning areas and recommend

the executing agency for that works.

(iv) Based on the committee recommendation, the planning

authority shall deposit the work to the executing agency and the works

to be completed following the due procedure by the executing authority.

15. Appeals.— (i) Any person aggrieved by any Order passed under

the Scheme by the Planning Authority may prefer an Appeal to the

Committee viz.,Town and Country Planning Board, within 30 days from

the date of receipt of the Order.

(ii) The Town and Country Planning Board shall dispose of the

Appeals, as per the provisions contained in the Act / Rules.

Encl. Annexures

————

424 LA GAZETTE DE L'ETAT [PART–II

ANNEXURE-I

PLANNING AUTHORITY

(See clause 4)

Online Application Number Date:

ONLINE APPLICATION FOR REGULARISATION OF UNAUTHORISEDLY CONSTRUCTED BUILDING/BUILDING CONSTRUCTED IN DEVIATION TO THE SANCTIONED PLAN

1. Name of the Applicant :

2. Postal Address :

3. Building Location

(i) Plot/Door No. :

(ii) R.S. No./T.S.No. :

(iii) Ward No/Block No. :

(iv) Street/Road Name :

(v) Layout/Nagar Name :

(vi) Village Name :

(vii) Municipality/Commune :

Name

4. Furnish the following:

(i) Plans prepared by Registered Technical :

Personnel (RTP) and signed by Applicant and RTP.

(ii) Copy of Property Tax/Electricity tariff/Water : YES/NO

supply tariff receipt.

(iii) Self attested copy of ownership documents : YES/NO

of the land/site/apartment.

(iv) 4 Nos. of time stamped photographs from all : YES/NO

the four sides unauthorised construction showing all external details of development, which is attested by the owner and the Registered Technical Personnel.

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PART–II] LA GAZETTE DE L'ETAT

(v) Guideline value of the plot as on date of : YES/NO

Application.

(vi) Encumbrance certificate of land/site/apartment : YES/NO

for the past 15 years issued not prior to 30 days

from the date of submitting the online

Application.

(vii) Indemnity Bond and Undertaking : YES/NO

5. Details of Site and Building

(i) Plot Area (in sq.m.)

:

(ii) Building Permit No. and Date if any :

(iii) Sanctioned Plan copy enclosed : YES/NO

(iv) No. of Floors and height of building as per :

sanctioned plan.

(v) Month and Year of commencement/ :

completion of construction of building

(vi) No. of Floors and height of building :

constructed as on site

(vii) Total Built- Up Area Sanctioned (in sq.m.) :

(viii) Total Built-Up Area constructed as on site :

(in sq.m.).

(ix) Additional built-up area built

(a) Area in deviation to sanctioned plan :

within permitted floors.

(b) Area constructed without any permission :

or over and above the permitted floors

6. Road Access Details

Existing Road Width or abutting road in meters :

426 LA GAZETTE DE L'ETAT [PART–II

7. Usage of the building as per approved As per As on plan (if any). Sanctioned ground

Plan

(a) Individual Residential :

Building

(b) Commercial Building :

(c) Non-Residential Building :

(d) Apartment complex

(e) Other uses :

(specify...........................)

8. (1) Total Application and :

Scrutiny fee payable.

(2) Total Regularisation :

Charge payable (as per Self Computation Table in Sl. No. 15).

9. e-transfer

(i) Amount

:

(ii) e-transfer No. :

(iii) Date :

(iv) Name of the Bank :

10. Any Court case is pending regarding ownership of : YES/No

the Site

11. If yes, details may be enclosed separately :

12. Certificate to be signed by the Applicant :

(1) I am aware that the Building Plans, Site Plan and the particulars furnished above are true and correct. If any, under assessment in the self assessment or further construction is detected at any stage, the Regularisation Application shall be rejected, the amount paid shall be forfeited and enforcement action against the violation shall be taken.

(2) I declare that the property for which I am applying for regularisation is not a public property and I further declare that there are no disputes/legal cases pending in the Court of Law regarding ownership of the site/building.

427

PART–II] LA GAZETTE DE L'ETAT

(3) I also declare that my Application is not in contravention of

land use as per the Master Plan.

(4) In the event of the particulars furnished in the Application are found to be not true, my application may summarily be rejected duly forfeiting the entire regularization charges paid and I am liable for enforcement action by the Planning Authority, as per law.

Date : Name :

Place : Signature :

13. Certificate to be signed by the Registered Technical Personnel:

I hereby certify that the Building Plans and Site Plan are prepared by me duly taking the measurements on ground. The technical data with regard to the permitted built-up area, as per sanctioned plan and actual built-up area existing at site, extent of built-up area in deviation to sanctioned plan and total built-up area without any building permission is true and correct.

Signature :

Name

:

License No. and Stamp :

Address with Contact Numbers :

14. Certificate to be signed by the Registered Structural Engineer (in case of Special/Multi-storeyed Building/Group Developments)/ Registered Engineer (in case or ordinary Building) as the case may be:

I hereby certify that the building is structurally safe and the construction is in accordance with the specified designs and that I will be held responsible if the same are not in order at a later stage.

Signature :

Name

:

License No. and Stamp :

Address with Contact Numbers :

428 LA GAZETTE DE L'ETAT [PART–II

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PART–II] LA GAZETTE DE L'ETAT

16. Indemnity Bond and Undertaking

(Notarized undertaking to be executed on

100 Non-Judicial e-stamp paper)

1. This Undertaking/Indemnity bond is executed on this ................ day of .......... 20............ at ............................................. by the owner/ Applicant, (hereinafter called the first party) which terms shall include their legal heirs, successors, agents, assignees etc.

A Name and Address of the Owner/Application (First Party)

(1) Name :

(2) Age

:

(3) S/D/W/o :

(4) Door/Plot/Flat No. :

(5) Road/Street

:

(6) Locality :

(7) Village/Town/City : PIN :

(8) District

(9) e-mail

(10) Phone/Mobile No.

B Location of the Building

(1) Plot/Door No.

:

(2) R.S. No. /T.S.No. :

(3) Ward No/Block No. :

(4) Street/Road Name :

(5) Layout/Nagar Name :

(6) Village Name :

(7) Municipality/Commune Name :

2. Executed in favour of the Member-Secretary .............................. Planning Authority, (hereinafter called the second party) which term shall include their officers, successors in office and staff.

432 LA GAZETTE DE L'ETAT [PART–II

3. Declaration-cum-Undertaking and Indemnity Bond by the

owner/Applicant:

(a) Whereas, the First Party has applied for the regularisation of the unauthorized constructed/deviated building constructed

to a total built up area ................... sq.m. Whereas, the Second Party has agreed to consider regularisation of the unauthorized

construction/deviation in the said site/plot in terms of the Puducherry Regularization of Unauthorisedly Constructed

Buildings and Buildings constructed in deviation to the Sanctioned Plan Scheme, 2022 and made it a condition that there

shall not be any defect/litigations/land acquisition over the said site/land and the same shall be free from all claims of

Government/Banks/and attachment of Courts, and the First Party has to indemnify the Second Party to this effect.

And whereas, the First Party having agreed to the aforesaid condition hereby indemnifies the Second Party with the above

assurance and hereby solemnly declare that the abovesaid site/ land is the property of the First Party which is possessed by

him/her since the date of purchase and the same is free from all defects, litigations, claims and attachments from any Courts,

etc., and in case of any disputes / litigations arises at any time, in future the First Party will be responsible for the settlement

of the same and the Second Party will not be a party to any such disputes/litigations.

(b) I/We affirm that I/We shall not encroach any Government land/ canal/ road portion adjoining or passing the plot/land, in

any manner. If any, such encroachment is found at the later stage, the regularisation of the building shall be deemed to be

revoked and shall be liable to be dealt as per law and the Planning Authority shall not be held responsible.

(c) I/We affirm that I/We shall pay necessary fees/charges

to the Planning Authority.

4. I/We, the above named deponent, do hereby solemnly affirm and certify that we have executed this undertaking with free will and signed

this...................... day of.................20........

433

PART–II] LA GAZETTE DE L'ETAT

Name of the owner/Applicant :

Address

:

Signature :

Sworn and signed before me.

Notary

17. List of Documents to be enclosed alongwith the Application:

Details of documents:

(1) Sanctioned Plan copy.

(2) Copy of Ownership Document/Title Deed for land/site/flat

self-attested.

(3) Plans prepared by Registered Technical Personnel and

signed by Applicant and RTP.

(4) Self Computation Table for Regularisation charge.

(5) e-transfer receipt in favour of the Member-Secretary, Planning Authority separately towards (i) Application and Scrutiny fee and (ii) the Regularisation Charge.

(6) Encumbrance certificate of land/site/apartment for the past 15 years issued not prior to 30 days from the date of submitting the online Application.

(7) 4 Nos. of time stamped photographs from four sides of the unauthorised construction showing all external details of development, which is signed by the owner and the Registered Technical Personnel.

(8) Indemnity Bond and Undertaking.

(9) NOC from the Fire Service Department/Airport Authority of India/Archaeological Survey of India/Railways or any State/Central Government Organisations (wherever applicable).

(10) Proof for the period of completion of the construction/ structural works completed/ roof laid (copy of property tax/ electricity/water supply bills).

434 LA GAZETTE DE L'ETAT [PART–II

(11) Weighted Guideline Rate value of the plot as on date of

Application.

18. Checklist and acknowledgement:

ONLINE APPLICATION FOR REGULARISATION OF UNAUTHORISEDLY CONSTRUCTED BUILDING/BUILDING CONSTRUCTED IN DEVIATION OF THE SANCTIONED PLAN

Online Application Number:

1. Name of the Applicant :

2. Building Location :

(i) Plot/Door No. :

(ii) R.S. No./T.S.No. :

(iii) Ward No/Block No. :

(iv) Street/Road Name :

(v) Layout/Nagar Name :

(vi) Village Name :

(vii) Municipality/Commune :

Name

3. List of documents to be enclosed alongwith the online Application

submitted:

(i) Copy of Sanctioned Plan : YES/NO

(ii) Attested Copy of Ownership document/ : YES/NO

Title Deed of the land/site/flat.

(iii) Plans prepared by Registered Technical : YES/NO

Personnel and signed by Applicant and RTP.

(iv) Self Computation table for Regularisation : YES/NO

charge.

(v) e-transfer receipt in favour of the Member- : YES/NO

Secretary, Planning Authority separately towards (i) Application and Scrutiny fees and (ii) the regularisations charges.

435

PART–II] LA GAZETTE DE L'ETAT

(vi) Encumbrance certificate of land/site/apartment : YES/NO

for the past 15 years issued not prior to 30 days from the date of submitting the online Application.

(vii) 4 Nos. of time stamped photographs from four : YES/NO

sides of the unauthorised construction showing all external details of development, which is signed by the owner and the Registered Technical Personnel.

(viii) Indemnity Bond

: YES/NO

(ix) NOC from State/Central Government : YES/NO

Departments/organisations (wherever applicable).

Specify the Department:

(1) ................................................................ : YES/NO

(2) ................................................................ : YES/NO

(3) ................................................................ : YES/NO

(4) ................................................................ : YES/NO

(5) ................................................................ : YES/NO

(x) Proof for the period of completion of the : YES/NO

construction/structural works completed/roof/ laid.

(xi) GLR value of the plot as on date of submission : YES/NO

of online Application.

(xii) Other documents (specify)

: YES/NO

Total No. of Documents :

19. Acknowledgement

Received the Application and documents as stated above.

Application Number

Signature

Name and Designation of the receiver OFFICIAL SEAL 436 LA GAZETTE DE L'ETAT [PART–II

ANNEXURE-II

(See clause 6)

REGULARISATION CHARGES FOR UNAUTHORISED

CONSTRUCTION/DEVIATION

1. Regularisation charges for unauthorised deviated construction.—

If, a building or part thereof has been constructed deviating from the

approved plan of the Planning Authority, the same shall be regularised

at the rates provided in the Table below.

Table

2. Regularisation charges for unauthorised construction.— If, a

building or part thereof has been constructed unauthorisedly i.e.,

without obtaining the requisite building permission from the Planning

Authority, as required under the Building Bye-Laws, the same shall be

regularised at the rates as stipulated in the above Table with a

multiplication factor of 1.2.

437

PART–II] LA GAZETTE DE L'ETAT

ANNEXURE-III

(See clause 4)

PLANNING AUTHORITY

No. .................................... Date ....................................

INTIMATION REGARDING ADDITIONAL PARTICULARS TO BE

FURNISHED FOR REGULARISATION OF UNAUTHORISED

CONSTRUCTIONS/DEVIATIONS

To

Tmt./Thiru

Sir/Madam,

Your online Application No. ..................... date ......................... for

the regularisation of unauthorised construction/deviation at

............................................... (precisely state the location of the building)

has been examined by the ................................Planning Authority.

The Planning Authority Committee has approved the

above-mentioned unauthorised construction for regularisation in

accordance with the provisions in the "The Puducherry Regularisation

of Unauthorised Constructions and Buildings Constructed in Deviation

to the Sanctioned Plan Scheme, 2024", under the following conditions.

(1)

(2)

(3)

In accordance to the above, you are directed to comply with all

the above conditions and submit a letter of intimation to the

Member-Secretary to the effect that the above conditions are compiled

alongwith the following documents within ................. days.

MEMBER-SECRETARY,

Planning Authority.

438 LA GAZETTE DE L'ETAT [PART–II

ANNEXURE-IV

(See clause 6)

PLANNING AUTHORITY

No. .................................... Date ....................................

INTIMATION REGARDING REMITTANCE OF REGULARISATION

CHARGES FOR REGULARISATION OF UNAUTHORISED

CONSTRUCTIONS/DEVIATIONS

To

Tmt./Thiru

Sir/Madam,

It is hereby acknowledged that the receipt of the NOC's and other

documents for the regularisation of the building constructed by you at

......................................... You are directed to remit the regularisation

charges of ............................, by e-transfer in the name of the

Member-Secretary, ............................. Planning Authority within 30 days

from the receipt of this notice, failing which your application will be

refused and further action will be taken on the unauthorised construction

/ deviations as per the Puducherry Town and Country Planning Act and

the Puducherry Building Bye-Laws and Zoning Regulations.

MEMBER-SECRETARY,

Planning Authority.

439

PART–II] LA GAZETTE DE L'ETAT

ANNEXURE-V

(See clauses 10 and 12)

PLANNING AUTHORITY

No. .................................... Date ....................................

FINAL ORDERS REGARDING REGULARISATION OF UNAUTHORISED CONSTRUCTION/DEVIATION

To

Tmt./Thiru

Sir/Madam,

Your online application No. ..................... date ....................... for the regularisation of unauthorised construction at ............................ (precisely state the location of the building) has been considered by the ........................ Planning Authority.

The Planning Authority Committee has approved the above-mentioned unauthorised construction for regularisation in accordance with the provisions in the "The Puducherry Regularisation of Unauthorisedly Constructed Buildings and Buildings Constructed in Deviation to the Sanctioned Plan Scheme, 2024" vide Order No. .......... , dated ......................... under the following conditions:

(1)

(2)

The conditions stipulated in the order were complied with and the

following NOCs were submitted:

(1)

(2)

The regularisation charges of ........................ as stipulated in the order have been remitted vide e-transfer No. ............................., dated ............................. . Hence, in accordance to the orders of the Committee, it is certified that the unauthorised construction of ........................ building at ........................ (precisely mention the location of the building) is hereby regularised under the provisions of the "The Puducherry Regularisation of Unauthorisedly Constructed Buildings and Buildings Constructed in Deviation to the Sanctioned Plan Scheme, 2024".

MEMBER-SECRETARY, Planning Authority.

440 LA GAZETTE DE L'ETAT [PART–II

ANNEXURE-VI

(See clause 10)

PLANNING AUTHORITY

No. .................................... Date ....................................

ORDER REJECTING THE REGULARISATION APPLICATION

To

Tmt./Thiru

Sir/Madam,

Whereas, your online Application for the regularisation of the unauthorised construction at ...................... (precisely mention the location of the site) has been examined as per the provisions of "The Puducherry Regularisation of Unauthorisedly Constructed Buildings and Buildings Constructed in Deviation to the Sanctioned Plan Scheme, 2024" has been rejected due to the following reasons:

(1)

(2)

Now, Therefore, in pursuance of the provisions in "The Puducherry Regularisation of Unauthorisedly Constructed Buildings and Buildings Constructed in Deviation to the Sanctioned Plan Scheme, 2024", it is hereby informed that your Application for regularisation is hereby refused and your unauthorized construction cannot be regularised.

Date : MEMBER-SECRETARY,

Place :

Planning Authority.

————

online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.