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HindustanTimes Thu,31 Jul 2014

Change of land use permission back in Haryana

Hitender Rao, Hindustan Times  Chandigarh, June 12, 2014
First Published: 08:41 IST(12/6/2014) | Last Updated: 08:46 IST(12/6/2014)

Decks have been cleared for the Haryana government to grant change of land use (CLU) permissions, colonization licenses and continuing with land acquisition proceedings —freezed since January 2014 — following a Punjab and Haryana high court order.

These activities have been put to a halt due to non-finalisation of Haryana’s sub-regional plan (SRP) stipulated under the National Capital Region Planning Board (NCRPB) Act, by the state government.

After notifying the SRP on May 28, the state gover nment sought clarification from the office of Haryana advocate general on whether it could now start granting of CLU permissions and licences.

CLARIFICATION SOUGHT

The clarification was sought by the gover nment as the HC had on May 14 listed the matter for August 22 for further compliance after the state government filed a compliance report in the court.

The HC had also said: “Needless to say the minutes of the Board would also be placed before us.”

Additional advocate general (AAG) Kamal Sehgal in his advice on June 9 said since the SRP was finalised, there was no legal impediment in proceeding with the development activities like grant of CLU permissions, licenses and land acquisition proceedings.

MATTER WAS PUT BEFORE HOODA

The matter was then put up before chief minister Bhupinder Singh Hooda on the same day (June 9).

Hooda directed that further action be taken as per AG’s advice.

In his advice the AAG wrote: “As far as the issue of grant of CLUs, letter of intent and further acquisition of land is concerned, it is sought to highlight here that the high court, while passing January 23 orders, only recorded the concession given by principal secretary, town and country planning, TC Gupta that the state will stay its hands till the SRP is approved.”

The AAG said the HC, while making reference to the preparation of the SRP under section 17 of the NCRPB Act, had also referred to the approval to be obtained from the NCR Planning Board in terms of section 19 of the Act.

“Since the state has complied with the provisions of section 19 of the Act by submitting the SRP for the consideration by the NCR Planning Board. It has also considered the observations made by the Board while finalising the SRP. It’s apparent that all mandatory requirements of section 19 of the Act have been complied with by the state government,” the advice read.

Haryana’s compliance report before the HC on May 14 said the SRP submitted by Haryana was deliberated upon by the NCR Planning Board on April 25. But the minutes, which would include the observations of the Board, were awaited, it said.

GOVT UNDERTAKING
The state government also g ave an under taking that it would finalise its SRP after giving due consideration to the observations made by the Board and ensuring that it is in conformity with the provisions of the revised Regional Plan, 2021 already approved by the Board on January 20, 2014.

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