Detailed procedural steps to grant approvals relating to the clearance of Housing Mega Projects/Townships.

          Procedural steps to grant approvals relating to clearance of Housing & Infrastructure Mega Projects were approved in the meeting held on 6-12-2005 under the Chairmanship of Chief Secretary, Punjab issued vide memo no. 17/65/2005-1HG2/189 dated 10-1-2006. These steps have further been fine tuned and the details are as follows:-

1.       After approval of Mega Projects by the Empowered Committee,  LOI will be issued by PUDA as per the specimen LOI     (Annexure –A).

2.       After issue of LOI, Promoters/Developers have to submit the legal documents for signing of agreements in the approved format (Annexure-B) to CA, PUDA within 3 months of issuance of LOI After its scrutiny, it will be forwarded to Government (Office of SHUD) for signing it. In case Promoter/Developer fails to submit agreement within stipulated period LOI issued to him shall deemed to be cancelled.

3.       After the agreement has been signed, Promoter shall submit the application (six copies) for grant of CLU with the Government,    within six months from the date of signing of the agreement in the office of SHUD, Mini Secretariat, Chandigarh for obtaining reports/comments from PUDA, CTP, Pb, Department of Forests, Punjab Pollution Control Board. After obtaining the comments of the above referred departments, these reports will be reconciled and consolidated by a Sub Committee headed by CA, PUDA and recommendations sent to Government for considering the Project for the grant of CLU. The Promoter has to submit the following documents to the Government alongwith CLU application:-

i)                   Detailed location plan of the Project.

ii)                 Khasra Plan and other revenue details of the land of the Project.

iii)               The revenue plan clearly indicating 50% of land already in name and possession of the Promoter, 40% of the land for

which agreements have been made by the Promoter with land owners & remaining 10% of land details which the Promoter wants to be acquired by the Government.

          After the revenue record has been examined & found in order by the Naib Tehsildar in PUDA office, it will be forwarded to CTP, Punjab. After its scrutiny by CTP, Pb., the case will be forwarded by CTP, Pb. to CA, PUDA in the prescribed format to be forwarded to Government (Office of SHUD) (Annexure C). Government after examining these documents shall issue letter (Demand Note) to the Promoter to deposit CLU charges and Licence Fee to be deposited with PUDA as prescribed in the (Annexure-D1) of the approved Periphery Policy. After CLU charges and Licence Fee have been deposited in PUDA and on receipt of this information from PUDA, the Government (SHUD) shall issue the CLU orders. In case Promoter/Developer failed to submit these documents within stipulated period, the LOI/agreement shall be deemed to be cancelled.

4.       After the CLU order has been issued, the Promoter has to submit the layout plan (based on approved Guidelines) to CA, PUDA after having comments on the layout plan by the CTP, Punjab (The Prescribed Authority) shall issue the approval to the layout plan only after first installment of EDC and other charges as prescribed in the (Annexure D1) of the Periphery Policy have been deposited with PUDA & other related documents finalised.

5.       Government shall issue notification/orders u/s 44 of PAPR Act, 1995 for the Projects in which Empowered Committee has mandated for its exemption from PAPR Act, 1995.

                                                                                                                              CHIEF ADMINISTRATOR

                                                           PUDA

Note: No sale of plots shall be made by any Promoter unless Licence under PAPR Act, 1995 to any Mega Projects has been issued or exemption u/s 44 of PAPR Act, 1995 notification/orders has been issued by the Government. 

                                                                                                                                Annexure – ‘A’

PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY

PUDA Bhawan, Sector – 62, SAS Nagar (Mohali)

From

                   Chief Administrator,

                   Punjab Urban Planning & Development Authority,

                   PUDA Bhawan, Sector 62,

                   SAS Nagar (Mohali).

To

                   No. PUDA/ACA(Pr.)/2006/                  Dated :

Subject :-   Letter of Intent for the Grant of Special Package of Incentives under Industrial Policy 2003, (Infrastructure including those in Housing and Urban Development) to :

                   Promoter/Developer :

Project :   

                   Location :

                   Area :     

                   Investment Scale :

                   Please refer to your application No. nil dated nil for grant of special package of incentives for setting up of --------------------- project on ------------------------ with an investment of over ----------------

                   The proposal was considered by the Empowered Committee on Mega Projects constituted under Industrial Policy 2003, under the Chairmanship of Hon’ble Chief Minister, Punjab in its meeting held on ---------------.  It was decided to grant following concessions to the subject-cited project:

i.              The promoter would submit copies of the sale deeds of at least 50% of the total land under the project within a period of 6 months of the signing of the legal agreement.  The agreement of sale with the landowner in respect of remaining 40% of the total land shall also be submitted by the promoter Promoter/Developer, along with details of the 10% (maximum) area, which is required to be compulsorily acquired by the State Government at the cost of the Developer.

ii.            The land use change shall be allowed by the Housing & Urban Development Department, within 30 days as per applicable master plan, rules, regulations, & laws etc.  However, this shall be subsequent to deposit of change of land use conversion charges at the stipulated rates in lump sum.

iii.          The project shall be exempted from operation of PAPR Act, 1995.  However, you will have to comply with the following provisions of the law :-

(a)  You will have to pay external development charges in accordance with the PAPR Act, 1995/ Periphery Policy etc. whichever is applicable.

(b)  The Layout and Zoning Plan shall be got approved from the Competent Authority under PAPR Act, 1995.  In case the project falls within any Municipal area, relevant Municipal Laws and Building Rules shall be applicable, whereas in the remaining area Punjab Urban Planning & Development Authority Building Rules, 1996 shall be applicable.  However, all such clearances shall be given by the Competent Authority within 30 days.

(c)   The Competent Authority, PAPR Act, 1995 shall issue the final sanction of the layout plan only after the first installment in respect of EDC has been deposited.  For remaining portion of the EDC, the promoter shall have the option of paying the same in lump sum or of submitting a bank guarantee or hypothecating property (Plots) of equivalent value.

iv.     The relevant Building Bye Laws/Regulations as laid down in Clause iii(B) above, of the area shall be applicable except for :-

-         FAR, which shall be 1.5 for commercial, 2.00 for Residential flats and 1 for residential plots; and

-         Ground coverage, which shall be 50% for residential and 40% for commercial use.

v.                  All relevant statutory and non-statutory charges, land use conversation charges, dues, fees etc. as leviable by the Government or any authority shall be payable, as fixed by Government/Authority from time to time.

vi.             The project shall not be advertised/launched and no money will be collected from general public for allotment of land/plot /flat/any space till such time the layout plans are cleared by the Competent Authority.

vii.           The State Government may acquire land as per provisions of the Land Acquisition Act.  1894 on request by the Promoter/Developer subject to the condition that such acquisition shall be limited to only 10% of total area of the project scope.  The acquisition shall be carried out as per the existing policy of the Department of Housing & Urban Development and by its Land Acquisition Collectors.

viii.         Barring unforeseen circumstances, the Government of Punjab shall facilitate provision of power supply, road, accessibility, water and infrastructure required for the project after the same is applied for to the concerned department/agency/authority/local body on fulfillment of various terms and conditions required in this regard at such rates/fees etc. which shall not be less favorable to them compared to similarly placed projects/customers.

ix.             High-rise buildings upto 45 mtrs. may be allowed subject to clearance from Air Safety Regulations, Fire Safety Norms and Traffic Movement.

x.               Permission under the provisions of Punjab Mines and Mineral Act shall be allowed within the project area for the works pertaining to development of the project on payment of requisite charges.

xi.             Permission under Punjab State Tube-well Act, 1954 to dig tube well(s) in the project area for the requirement of the project shall be allowed.

xii.           The State Government shall extend the facility of Public Transport System being run by any State Government agency to the project area.  The State Government shall also allow them to operate their own Public Transport System within the project area and also for connecting the project area to the main Urban Centres nearest to the project area subject to the fulfillment of required terms and conditions in this regard.

xiii.         The State Government shall not allow Polluting Industries in the periphery (upto 500 mtr. from the project boundary) of the project area.

xiv.         No state agency shall erect any barrier or create obstruction in various connectivity/ies which shall be allowed to the project as per Clause (vi) above except on the ground of major law and order problem or National Security considerations.

xv.           The State Government shall assist them in getting any other facility or requirement for the development of the Project.

Above concessions will be granted subject to the condition that each of the Residential Project at any individual location must comply with following conditions :

(a)  Each Mega Project in Housing should be of Rs. 100 crore or above at single geographical location and shall be developed in contiguity.  However, public services which already exist such as roads, canals, parks etc. shall not be construed to break the unity and contiguity of the project.

(b)  Developers of Mega Projects in Housing shall earmark 10% of the land and develop it for allotment to Economically Weaker Sections of the Society.  The price to be charged for EWS houses/flats would be determined by the Government, in accordance with Section 5(9) of the Punjab Apartment & Property Regulation Act, 1995.

(c)   “Rain Water Harvesting” shall be provided in all Mega Projects, which shall be indicated on the building plans submitted for approval and shall be installed as per the approved plan.

(d)  “Sewage Treatment Plant” shall be provided in all Mega Projects, of 10 & above 10 acres which shall be indicated on the building plans submitted for approval and shall be installed as per the approved plan.  The treated water shall be recycled for irrigation & surplus water generated shall be utilised for beautification.

(e)  Developers of Mega Projects in Housing shall submit six-monthly progress reports to the Nodal Agency to be tabled at the meeting of the Committee under the Chairmanship of Chief Secretary, Punjab to monitor the progress made by each Developer.

(f)    That the area proposed under these projects does not conflict with acquisition plans of the Government for any purpose.  The specific location details can be worked out at the instance of submission of layout plan or submission of land details by the applicant Promoter/Developer.

(g)  The Promoter/Developer shall not be allowed to execute the development works on the project land except in accordance with the environmental clearance from the Punjab Pollution Control Board, following the Environmental Impact Assessment process.

(h)  Electrification work will be carried out as per design and specification approved by PSEB under their strict supervision.

(i)    The Promoter will obtain No Objection Certificate before the construction of high rise buildings in their township projects from Director General of Civil Aviation, Govt. of India, New Delhi in case of Civil Airports and Ministry of Defence in case of Air Force Station.

(j)    Minimum investment of Rs. 100 crore shall be completed within a period of 3 years from the date of signing of the Agreement.

 Besides, the grant of above concessions will be subject to signing of an agreement, as per draft enclosed, by your Promoter/Developer and the State Government and complying with the terms & conditions of the agreement, failing which the said concession will stand withdrawn.  The agreement in this regard shall be signed with you by the officials of Housing & Urban Development Department, Government of Punjab.  You are requested to send your consent to the Secretary, Department of Housing & Urban Development, Government of Punjab with a copy to this office.

(k)  You are requested to sign the agreement within three months from the date of issue of Letter of Intent (LOI) as per enclosed draft, incorporating any applicable fee/charges/ dues etc. failing which the Letter of Intent (LOI) will be deemed to be cancelled.

(l)    This is only a letter of intent issued by Punjab Urban Planning & Development Authority in capacity as Nodal Agency and does not confer any right to the Promoter/Developer to sell/transfer the property or execute any transactions with anyone without obtaining valid approvals & requisite notification/order under Section 44 of PAPR Act, 1995 to be issued by the Department of Housing & Urban Development.

DISCLAIMER

PUDA or the Government of Punjab or public servants acting in due discharge of their official duties shall not be liable for any civil or criminal liability on account of any action taken by the Promoter /Developer while executing the Project.

Further PUDA/Government of Punjab shall also not be liable/responsible for any civil or criminal liability if occurred any, while acquiring the 10% land for the Project.

The Developer/Promoter shall not claim any damages whatsoever these may be if the above said 10% land could not be acquired due to any order passed by any court or due to any other circumstances.

PUDA or the Government of Punjab or public servants acting in due discharge of their official duties shall not be liable to any civil or criminal liability, in case any of the clauses remain unfulfilled on part of the State agencies for any reason whatsoever.

                                                                                                               Additional Chief Administrator (Projects),

Punjab Urban Planning & Development Authority                                    For Chief Administrator

Encl: Draft Agreement

Endst: No. PUDA / ACA  (Pr.) / 2006 /                                   Dated:

                   A copy along with enclosures is sent to the Principal Secretary to Government Punjab, Department of Industries & Commerce for information and necessary action.

                                                                                                                                        Additional Chief Administrator (Projects),

Punjab Urban Planning & Development Authority                                 For Chief Administrator

Encl: As above

Endst: No. PUDA / ACA  (Pr.) / 2006 /                                   Dated:

                        A copy along with enclosures is sent to the Secretary to Government Punjab, Department of Housing & Urban Development for information and necessary action.

                                                        Additional Chief Administrator (Projects),

Punjab Urban Planning & Development Authority                                    For Chief Administrator

Encl: As above

ANNEXURE – ‘B’

Revised Version

AmeNDED AGREEMENT- 26.4.06

                   Memorandum of Agreement made, this ______ day of ____ 2006 between the ----------, a Promoter/Developer through its authorized person namely ____________Promoter/Developer and having its registered office at _______________ (hereinafter referred to as “the Promoter/Developer”) of the one part  and the Governor of Punjab, through the Secretary, Department of Housing & Urban Development, Govt. of Punjab ( hereinafter referred to as “State Government”).

1.                                Whereas the State Government with a view to attract new investment in Punjab has under Industrial Policy 2003 provided for consideration and determination of a special package of incentives for infrastructure project including Housing and Urban Development through an Empowered Committee duly notified under the said policy for this purpose, provided fixed capital investment in these projects is more than Rs. 100 crores.

2.                                Whereas the Promoter/Developer proposes to set up ______project at ----- (---- acre area) with minimum investment of over Rs. 100 crores.

3.                                Whereas the Promoter/Developer for implementation of the aforesaid project, requested the State Government for grant of special package of concessions enabling them to implement this project.  Request of the Promoter/Developer was duly discussed and considered by the Empowered Committee constituted under Industrial Policy, 2003 in its meeting held on _______

4.                                Whereas on the basis of decision of the Empowered Committee, ‘Letter of Intent’ indicating the concessions proposed to be granted to the Promoter/Developer by State Government has been issued to the Promoter/Developer vide No______/____/ dated ______06.

5.                                Whereas the Government of Punjab has required the Promoter/Developer to enter into an Agreement within three months of issue of LOI with the Governor of Punjab as per the terms and conditions  hereinafter contained.  Now this indenture witnessed i.e. hereby agreed and declared as follows :-

(i)               The  Government of Punjab has agreed to provide reliefs and concessions to the Promoter/Developer for implementation of aforesaid ___________ Project at _________as per LOI appended to this agreement.

(ii)              The promoter shall submit copies of the sale deeds of at least 50% of the total land under the project within a period of 6 months of the signing of the legal agreement.  The agreement of sale with the landowner in respect of remaining 40% of the total land shall also be submitted by the Promoter/Developer, along with details of the 10% (maximum) area, if any, which is required to be acquired by the State Government at the cost of the developer.

(iii)            Minimum investment of Rs. 100 crore shall be completed within a period of 3 years from the date of signing of the Agreement.

Besides, the grant of above concessions will be subject to signing of an agreement by the  Promoter/Developer and the State Government and complying with the terms & conditions of the agreement, failing which the said concessions shall stand withdrawn.  The agreement in this regard shall be signed with the promoter/developer by the officials of Housing & Urban Development Department, Government of Punjab.  The Promoter/Developer is requested to send the consent to the Secretary, Department of Housing & Urban Development, Government of Punjab with a copy to this office.

(iv)           The promoter shall  sign the agreement within three months from the date of issue of Letter of Intent (LOI) incorporating any applicable fee/charges/ dues etc. failing which the Letter of Intent (LOI) shall be deemed to be cancelled.

(v)     Barring unforeseen circumstances, the Government of Punjab shall facilitate provision of power supply, road, accessibility, water and infrastructure required for the project after the same is applied for to the concerned department/agency/authority/local body on fulfillment of various terms and conditions required in this regard at such rates/fees etc. which shall not be less favorable to them compared to similarly placed projects/customers.

(vi)           Concessions given in LOI will be granted subject to the condition that each of the Residential Project at any individual location must comply with the following conditions :

a.      Developers of Mega Projects in Housing shall earmark 10% of the land and develop it for allotment to Economically Weaker Sections of the Society.  The price to be charged for EWS houses/flats would be determined by the Government, in accordance with Section 5(9) of the Punjab Apartment & Property Regulation Act, 1995.

b.     “Rain Water Harvesting” shall be provided in all Mega Projects, which shall be indicated on the building plans submitted for approval and shall be installed as per the approved plan.

c.      “Sewage Treatment Plant” shall be provided in all Mega Projects, of 10 & above 10 acres which shall be indicated on the building plans submitted for approval and shall be installed as per the approved plan.  The treated water shall be recycled for irrigation & surplus water generated shall be utilised for beautification.

d.     Developers of Mega Projects in Housing shall submit six-monthly progress reports to the Nodal Agency to be tabled at the meeting of the Committee under the Chairmanship of Chief Secretary, Punjab to monitor the progress made by each Developer.

e.      That the area proposed under these projects does not conflict with acquisition plans of the Government for any purpose.  The specific location details can be worked out at the instance of submission of layout plan or submission of land details by the applicant Promoter/Developer.

f.       The Promoter/developer shall not be allowed to execute the development works on the project land except in accordance with the environmental clearance from the Punjab Pollution Control Board, following the Environmental Impact Assessment process.

g.     The electrification work will be carried out as per design and specification approved by PSEB under their strict supervision.

h.     Promoter/Developer will obtain No Objection Certificate before the construction of high rise buildings in their township projects from Director General of Civil Aviation, Govt. of India, New Delhi in case of Civil Airports and Ministry of Defence in case of Air Force Station.

i.    The promoter/developer undertakes to pay the relevant statuory charges i.e. land use conversion charges, dues, fees etc., as leviable by the Govt. or any other authority within the schedule time period as and when demanded.

                   In case the Promoter/Developer fails to comply with any clause of this agreement and also of LOI, within the stipulated period mentioned therein, the concession enumerated in LOI shall stand automatically withdrawn and the Promoter/Developer shall have no claim or liability whatsoever on the state Government in this regard. The Government of Punjab shall be entitled to recover the cost of all relief’s / concessions availed by the Promoter/Developer (as dues recoverable by the Government as arrears of land revenue) as given in LOI  in the event of failure on the part of the Promoter/Developer to fulfill its obligations under this Agreement.

In witness whereof the Promoter/Developer has cause its common seal to be affixed and the Government of Punjab both hereunto set their hand and seal on the day and year first above written.

Signed on behalf of:

State Government                                         the Promoter/Developer

(Signatures)                                                                             

(Name)                                                                                    

(Seal)                                                                                      

Witness                                              Witness

1.                                                       1.

2.                                                       2.

 ANNEXURE-C

Area to Acquired by Govt.

M/s ---------------------------------------------------------------------------------------------------------
Layout Plan for development of integrated Township with Special Education & Wellness Zone at Mohali as Mega Housing & Infrastructure Project.

M/s ---------------------------------------------------------------------------------------------------------
Layout Plan for development of integrated Township with Special Education & Wellness Zone at Mohali as Mega Housing & Infrastructure Project.

 Sub:-        List of prescribed documents for Mega Projects

                The Mega Projects which have been cleared by the High Empowered Committee particularly within the sectoral grid of master plan, Mohali are required to get various clearances sectorwise for whcih the following information is required in the prescribed form

            i)    Conceptual sectoral plan showing the dimensions of sectors, sector roads, sub sector roads and major landuse.

            ii)    Khasra fittings on the sectoral plan of concerned plan of concerned sector indicating land purchased by the promoter, land under agreement and land likely to be acquired through Govt. All these details are to be shown on the shajra plan in different colours;

            iii)    Revenue estatewise detail of areas i.e. khasra nos. with their area in kanals, marlas etc. concerning the land purchased by the promoter, land purchased to agreement and land to be acquired through the Govt.

        All the said details are required to be given sector -wise in case the land falls in more than one sector indicating the area from the central line of the peripheral sector roads;

            iv)    After completion the above two steps i.e. after the approval of conceptual plan and change of land use permission the promoter is required to submit the survey plan on appropriate scale i.e. 1"=80". 1"=160', 1"=200' followed by layout plan indicating about the land which he intends to develop as per standard laid down in the rules/guidelines;

                        a)    Reference to the various used of land proposed in the scheme shall be made in the form of a schedule (Land use Schedule) in the drawing, clearly indicating the areas under Residential, Commercial/Industrial including Industrial Parks & Mixed Landuse, Parks & Open spaces, Parking Lots, Educational & Institutional Public & Semi-Public, Recreational Grounds, Leisure Valley, neighborhood level shopping, schools & public amenities, any other uses as per requir3ement of the locality/site.

                        b)    Reference to various sizes of plots.

                        c)    Reference to rights of way of roads with the width of the pavement and their lengths as proposed in

                               the scheme shall be made in the form of a schedule (Schedule of roads) in the drawings.

                        d)    Any other conditions or restriction that shall be applicable in the area covered by the development plan;

                        e)    The road reservation/ no building zone along schedule roads and bypasses.

                        f)    The services such as water, surface drainage, sewerage, electric lines etc.

                        g)    Index of all notations used.

OTHER REQUIREMENTS:

a)    An explanatory note explaining the salient features of the proposed colony, in particular the sources of wholesome water supply, arrangement and site for disposal and treatment of storm and sullage water;

b)    Plan shopping the cross-sections of the proposed roads indicating in particular the width of the proposed carriage ways, cycle tracks and footpaths, green verges, position of electric poles and of any other work connected with such roads;

c)    Plan as required under sub clause (b) indicating in addition, the position of sewers, storm water channels, water supply and any other public health services;

d)    Detailed specifications and designs of road works shown in the plans submitted under sub-clause (b).

e)    Detailed specifications and designs of sewerage, storm water and water supply schemes.

f)    Detailed specifications and designs for electric supply including street lighting.

****************

Subject:        Regarding ownership of land with promoters for mega Housing Projects and issues 

related       to Revenue rastas.

                    I am directed to inform you that it has been decided that land maximum upto 15% of total area of the proposed may be acquired by the State Govt for housing Mega projects approved by the Empowered Committee constituted by the State Govt for this purpose.

                    The promoters/developer would submit  copies of ownership deeds of at least 50% of the total land under the project and copies of agreements with land owners to purchase 25% of the land, within the period of  6 months and an undertaking by way of an affidavit that the promoter will purchase 10% of land subsequently but not latter than six months of signing of the agreement to the Government while Appling for the change of land use.

                    The promoter will also submit the detail of 15%(maximum) land of the project which is required to be compulsorily acquired by the state Government at the cost of the developer.

                    This will also apply to the Mega housing Projects already approved

                    It has also been decided to transfer the land under revenue Rastas in consultation  with Revenue Department ,to the promoter of the Mega Housing project at his expenses over and above the limits of acquisition specified above ,subject to the condition that suitable road network connecting both ends of through Revenue Rastas shall be provided by the Promoter and there shall not be any hindrance to the exiting habitation.

                                                                                                                                    Special Secretary

                                                                                                                                      Dated:_________

    *******************

Subject:            Building Bye Laws/Regulation -Modification in Annexure V-Concession granted to Mega Housing             projects.

                    I am directed to inform that it has been decided to replace clause (XIV) of Annexure V as follows:-

                    The relevant Building  Byelaws/Regulation as laid down in Clause (i) of Annexure V shall be applicable except for:

                    FAR which shall be 1.5 for commercial 2.0 for residential flats and as per PUDA (Building) Rules .1996 residential plots ;and 

Ground coverage which shall be 50% for residential flats 40% for commercial use and as per PUDA (Buildng)  Rules 1996 for residential plots.

This shall be applicable to the Mega Projects already approved as well.

                                                                                                                                    Special Secretary

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Detail of Amount Received from Promoters of Mega Projects as on 24.8.07 (Fig in lacs)

t