legal aspects/LAND DEVELOPMENT REGULATIONS

LAND DEVELOPMENT REGULATIONS
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I. ABRIDGED VERSIONOF THE LAYOUT REGULATIONS APPLICABLE FOR HUDA AREA (OUTSIDE M.C.H. LIMITS)

1. These Regulations will apply to the following type of development:

i) All types of plotted residential development, including houses as per approved type designs;

ii) All types of commercial, institutional and industrial development;

iii) Mixed land use development;

iv) Any other type of development schemes.

2. The owner of any land shall before he utilizes, sells, leases, or otherwise disposes off such land or any portion thereof as sites for construction of building or development schemes -

i) Obtain the layout approval from the Authority

ii) Lay down and develop the roads, streets, drainage lines, community sewage disposal system, and other amenities and facilities as per the Authority's specifications and to the satisfaction of the Authority.

3. Every owner, who intends to undertake or carry out such development shall apply in the Pre4scribed Form-A and submit for approval to HUDA, along with ownership details enclosure, plans drawn and complete in all respects (as given in the Form-A).

4. Reservations, Amenities and facilities to be provided in Layouts:

All layouts shall comply with the following requirements:

a) ROADS: The proposed road shall have the following minimum widths depending upon their length, the requirements of the prospective traffic function, and also subject to the provisions of the Master Plan or Zonal Development Plan.:

(i) Road widths for residential and other types of layouts (other than Industrial layouts):

In no case any layout development shall be permitted unless it is accessible by a public street of width not less than 12.2 meters Black topped road.

ii) Road widths for Industrial Development:

In any layout or sub-division for residential, commercial, industrial, or any other type of development, 10% (ten percent) of the layout area shall be reserved for park, play area and recreational space, which shall , as far as possible, be provided centrally in one place and shall be of regular shape. No such open space shall admeasure less than 450 sq m. The minimum dimension of such open space shall in no case be less than 7.5 m. Every such open space shall have an independent means of access. The open spaces shall be developed with greenery and landscaped and protected with low wall of 2 feet height and have ornamental grills up to a height of 3 to 4 feet by the applicant.

c) AMENITIES AND FACILITIES RESERVATIONS:

In any layout or sub-division for Residential, Commercial and other types of development exceeding 10 Ha, in addition to the above open space reservations, provisions shall be made for community amenities as given below:

Community Amenities to be left in larger layouts and sub-divisions:

The applicant mat provide for any additional facilities in the proposed layout site in addition to the above. Within a layout the shopping center shall be provided on ground floor and upper floors may be utilized for residential purposes and conveniences like banks, places for doctors, advocates, architects and other professional offices. The Authority may insist on other community reservations exceeding 40 Ha (100 acres) as per planning standards and norms. ii) Industrial development: In any layout or sub-division for industrial and such similar development excceding10 Ha, in addition to the open space requirements, provisions shall be made for the following amenities:

5. The net area for plots or building sites (which shall include all saleable areas including the
above amenities reservation sites) in any layout shall not exceed 60 5 of the total site
area.

6. Scrutiny by the Authority:

a. The layout applications shall be processed and finalized by the Planning Department on the proposals submitted by the applicant with reference to the notified land use and also of the rules governing the issue of layouts from time to time and also as per the conditions that are imposed in change of land use wherever applicable and approval of the Competent Authority obtained in the matter.

b. On payment of Development Charges, Processing charges, etc. by the developer, a copy of the unsigned approved layout shall be handed over to the applicant for demarcation of plots, open spaces, etc. as shown in the plan on ground preferably within (15) days from the date of receipt of the payment.

c. After the developer informs that necessary demarcation has been done, the Junior Planning Officer pertaining to the layout area, shall inspect and confirm the same.

d. On verification by the Junior Planning Officer of the demarcation on the ground, proposals identifying the 25% area to be mortgaged shall be worked out and submitted to the Vice-Chairman for approval.

e. On approval of the area to be mortgaged by the Vice-Chairman, the applicant shall be asked to produce the certificate of Encumbrance on Property issued by the Sub-Registrar of the Registration Department indicating that the area under mortgage is not sold to any other person (s) and vests with the developer only. For this purpose, the Junior Planning Officer of the layout area, shall be responsible for ascertaining the actual facts in person from the Sub-Registrar.

f. On the necessary clearance/confirmation obtained from the Sub-Registrar, the developer shall be asked to fence the area to be mortgaged with barbed wire and to display a Board indicating the particulars of the Plot Nos., have been mortgaged to HUDA and are not for sale.

g. On completion of the above work and after obtaining the ground position by the Junior Planning Officer that fencing has been done, the latter of mortgage shall be issued to the layout developer for submitting the filled in stamped documents.

The J.P.O. of the layout area shall attend the office of Sub-Registrar as representative of HUDA and shall put his/her signature in the presence of the Sub-Registrar/developer on behalf of HUDA. There shall not be any deviation in this regard. The Junior Planning Officer shall periodically visit the office of the Sub-Registrar to ascertain the latest position with regard to the plots under mortgage and record the same in the File for bringing to the notice of the higher officials.

h. On receipt of the mortgage deed from the Sub-Registrar and of the latest certificate of the Encumbrance on property from the Sub-Registrar proposals shall be submitted for approval of the Vice-Chairman, confirming the fulfillment of all required conditions for obtaining the approval of the layout.

i. The approved plan shall be sent to the local Municipality/Gram Panchayat to ensure that the plan is released to the developer after the open spaces are essentially developed and protected with low wall of 2 feet height and have ornamental grills up to a height of 3 to 4 feet.

The layout plan should be recorded by giving Layout Permit No., year-wise separately before forwarding to local Municipality/Gram Panchayat.

j. A copy of the layout plan shall also be sent to the Sub-Registrar of the Registration Department indicating the mortgaged area and other area permitted for sale. The Sub-Registrar shall be specifically addressed to ensure that no sale transaction takes place in the mortgaged area till further communication is sent by the HUDA, to the Registration Department.

k. The Local Authority shall release the plan duly collecting the required fees as per their rules.

l. The Local Authority shall open a separate account for each layout, where the betterment cost has been paid by the applicant, the Municipal Commissioner/ Executive Officer shall ensure to spend the amount for development of amenities in the same layout.

The Local Authority shall be entirely responsible for any problems/grievances either from the residents of the layout area or from any other person for non-implementation of the amenities.

m. The applicant shall take up the development of amenities such as formation of Black topped roads, drainage lines, with septic tank as per standards, electric lines including street lighting, water supply lines, avenue plantation along the roads and open spaces to the satisfaction of the HUDA within the prescribed period and on completion of all the developmental works shall be submit a requisition letter to the HUDA for release of mortgaged plots, duly handing over open spaces and roads to the Local Authority through a registered Gift Deed.

n. In case the applicant do not want to take the developmental works detailed above, the Authority may consider permitting him to pay the betterment charges to the Local Authority or HUDA as per the rates prescribed by them or on the actual cost of development as arrive.

o. In case the applicant fails to undertake the developmental works, the Vice-Chairman, HUDA is competent to take up auction of mortgaged plots/area without any further notice to the applicant and the amount so received by auction shall be spent for providing the amenities in the layout area.

p. The applicants are not eligible and competent to question HUDA about the receipt of the amount in the auction and also expenditure for undertaking the developmental works. The Local Authority shall be addressed not to approve/ release any building permission in the area under mortgage to HUDA and in other plots of the layout in general and until and unless the applicant completes the developmental works/pays required charges to the Municipality and gets the mortgaged released.

q. The developer shall be asked to undertake the avenue plantations, greenery , landscaping and development of the open areas under the directions and guidance of the Director, Urban Forestry, HUDA.

r. It shall be noted that the developer executes the deed of mortgage by conditional sale to the HUDA as per rules and the mortgage is purely a measure to ensure compliance of the condition of development of infrastructure by the developer and the HUDA is in no way accountable to the plot purchasers in the event of default by the developer. In case, the developer fails to develop the layout area with all the infrastructural facilities as specified by the HUDA, the area so mortgaged in favour of HUDA shall be forfeited and also liable for any criminal action taken up by the HUDA under the provisions of the Andhra Pradesh Urban Areas (Development) Act, 1975.