Environment laws for realtors get tough in HP

These are some of the proposals under consideration of the state government for bringing sweeping changes in the Himachal Pradesh Apartment and Property Regulation Act 2005,enacted during the Congress rule. A cabinet sub-committee headed by Revenue Minister Gulab Singh Thakur held a meeting and approved significant changes in the law.

“The proposals will be placed before the cabinet and if adopted,will be introduced in the Act after amendment. Effort has been made to protect the interests of locals and land holders,” said the minister after the meeting.

Forest minister J P Nadda,Health Minister Rajeev Bindal and Housing Minister Mohinder Singh Thakur are other members of the committee,which was formed during a cabinet meeting at Dharamshala last month.

An important change proposed in the Act is restricting the choice of developers and builders to take up housing projects in the state. Instead,the state government has empowered itself to choose the site and notify it for a housing project. “It has been proposed that certain areas should be designated where promoters may be allowed to raise constructions. Earlier,the promoters were found carrying out constructions at ecologically fragile places. This will not be permitted,” said the proposal.

Even for new construction,promoters will be required to follow norms of building rainwater harvesting systems beside undertaking plantations,streetlighting,scientific handling of garbage and safe disposal of sewage.

There has also been provisions of community buildings and drainage systems.

Though efforts have been made to make provisions of the law similar to those proposed under the Model Real Estate (Regulation Development Act) by the Ministry of Housing and Urban Poverty Alleviation,there is no concession for outsiders to buy property without seeking state government’s permission.

The allottees will have to get permission of the government under Section 118 of the HP Tenancy and Land Reforms Act to buy a flat,house or plot from private promoters.

The revenue minister said the government is very clear that only barren and non- agricultural land will be allowed for construction of apartments. No agriculture land will be diverted for housing projects as earlier experience had showed what happens when cultivable land was used for construction of flats. Further,licences granted to developers will be only for three years as against five years under existing laws. The licence will be renewed for two years only. The proposed changes also include that the promoter will have to reserve 10 per cent of flats and units for economically weaker sections. Earlier,it was only five per cent of the project.

Mohinder Singh said: “The Town and Country Planning Department will ensure effective implementation of the Act and see that no damage to the ecology is caused and allottees are not cheated.”