E-Paper
Stilt-plus-4 floor constructions: Reprieve for Haryana’s 18 blacklisted architects upon payment of ₹2L per offence
For such constructions without approved building plans, violators have to pay 10 times the penalty. According to officials, some architects had sought removal of their names from the blacklist.
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The Haryana town and country planning department (TCPD) has decided to grant reprieve to 18 architects, who were blacklisted for granting occupation certificates in violation of the ban imposed by the state government on stilt-plus-four floor constructions by allowing them to pay ₹2 lakh penalty per offence.
The TCPD, in an October 16 order, said that it was observed that some architects had indulged in blatant violation of grant of occupation certificates under self-certification policy by compounding unauthorised construction of stilt plus four floors wherein building plans for stilt-plus-four floor construction in residential plots were not approved after issuance of February 23, 2023 orders to ban such construction. The department on July 15, 2024 intimated the Council of Architecture regarding blacklisting of a group of 18 architects seeking revocation of their registration with immediate effect.
Officials said some architects made representations to the department seeking removal of their names from the blacklist. They argued that cases where construction was raised without approval of building plan for stilt plus four floors fell under the purview of July 2, 2024 instructions as well as Haryana Building Code, making them compoundable after charging of composition fees at 10 times the rate prescribed for construction raised without approval of building plans. “Therefore, considering the principles of natural justice and also the fact that no earlier violations by the said architects have been reported to the directorate, it is ordered that the violation by the architects may be considered compoundable upon payment of ₹2 lakh per offence.
The state government, after deliberating for a year, had in July 2024 decided to allow construction of stilt-plus-four floor constructions in residential sectors where the layout plan for building four dwelling units per plot or accommodating density of 18 persons per plot stood approved. It was also decided to grant approval for constructing stilt plus four floors in residential areas where layout plan for building three dwelling units per plot stand approved and the plot abuts onto 10 metre or more wide road for access. However, this would be contingent on inking of a mutual consent agreement with all the adjoining plot allottees or keeping side setbacks of a certain dimension on every floor from the neighbouring plots to ensure better aeration and sunlight, top officials said.
The fresh decisions with regard to the stilt-plus-four floor policy are broadly based on the recommendations of an expert committee constituted to comprehensively study and analyse it.
The state government has also decided that in cases where stilt-plus-four floor construction has been made without approval of building plans, violators can apply for composition of offence on payment of penalty 10 times the rate prescribed for raising constructions without getting building plans approved. The violators will have to also ensure that the construction conforms to the provisions of Haryana Building Code, officials said. “Approval of building plans and grant of occupation certificates for such violators will be subject to payment of penalty. A 90-day period will be provided for paying the penalty and regularising the constructions,’’ an official said.
