Bill tables to allow extension of planning permission to construct buildings to perpetuity

Himachal Pradesh Government today tabed a HP Town and country planning amendment bill 2022 allowed extensions of planning permission to construct buildings under section 35 to perpetuity. Urban Development Minister Suresh Bhardwaj table the bill in the house said that as per section 31 of the Himachal Pradesh Town and Country Planning Act, 1977 Director has the power to grant or refuse the planning permission to construct any building etc.  Further section 32 provides for appeal against the order passed under section 31 and the State Government has power of revision under section 33. Presently every permission granted under section 31 or section 32 or section 33 remains in force for a period of three years from the date  of such grant and thereafter it shall lapse.  The permission may be extended from year to year but the total period shall in no case exceed five years from the date on which the permission was initially granted.  Further  under the Himachal Pradesh Municipal Corporation Act , 1994 , the period for completion of building or work was defined as ” reasonable period ” to be specified by the Commissioner , The Municipal Corporation as per section 251 of the Act .  But section 251 of the Himachal Pradesh Municipal Corporation Act , 1994 , was deleted thus making all development , planning permissions and sanctions valid for perpetuity .  This dichotomy in the validity of development or planning permissions or  sanctions between Himachal Pradesh Town and Country Planning Act, 1977 and the Himachal Pradesh Municipal Corporation Act, 1994 has been pointed out and discussed at various forums from time to time.  Further , it is imperative to point out here that in a hilly State , the large scale projects especially the residential , tourism , real estate and industrial projects are rarely completed within the stipulated short span of 3 to 5 years due to various constraints like site or  topographic conditions , climatic conditions and variation , financial constraints , and some unforeseen events etc.  Thus , in order to streamline the process of planning permission and to promote ease of doing business , it is proposed to extend the validity of map approvals under section 34 of the Act ibid at par with the Himachal Pradesh Municipal Corporation Act , 1994 for perpetuity ,  with provision of revision and revalidation of the permission or sanction as per requirement of the applicants and project proponents for the areas notified by the State Government .  This Bill seeks to amend the sec 34 of TCP ACT 1977  to achieve the aforesaid objectives, the minister added.