[ 411 ]

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



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

Registered with the Registrar

of Newspapers for India under

No. 10410







2024 } | 18 {

No. 26 Poudouchéry

Mercredi

Septembre

2024

No.

Puducherry

Wednesday

18th

September

2024

(27 Bhadra 1946)

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[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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(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.

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[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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(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”.

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).

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[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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(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.

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) The Planning Authority after verification of the

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.

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(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.

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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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

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[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 (Annexure-V).— In case of approval,

the Planning Authority shall issue proceedings to the effect that the

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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;

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

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. . Member

(d) Member-Secretary,

. . Convenor

Puducherry Planning Authority.

(II) Karaikal Planning Area

(a) District Collector, Karaikal District

. . Chairman

(b) Municipal Commissioner,

. . Member

Karaikal Municipality.

. . 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.

. . 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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. . 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

————

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[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

Name of the Applicant

Postal Address

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

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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(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

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

Road Access Details

Existing Road Width or abutting road in meters

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Usage of the building as per approved

As per

As on

plan (if any).

Sanctioned

ground

Plan

(a) Individual Residential

Building

(b) Commercial Building

(d) Apartment complex

(e) Other uses

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

(1) Total Application and

Scrutiny fee payable.

(2) Total Regularisation

Charge payable

(as per Self Computation

Table in Sl. No. 15).

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.

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(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

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[PART–II

15(a). Self Computation Table showing regularisation charge for the unauthorised deviated building -

To be filled in by the Applicant/Registered Technical Personnel