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Chandigarh, The Punjab and Haryana High Court has set August 30, 2015, as the deadline for the Punjab Government to finalise town planning schemes. It has also given eight months’ time to Patiala Municipal Corporation to finalise schemes for the city.
The High Court also directed the corporation not permit “fresh use of commercial activities in residential premises till the schemes are finalised”.
The directions by Justice Hemant Gupta and Justice Kuldip Singh came on three petitions by Rameshwar Dass and other petitioners. The regulatory “Town Planning Schemes” are framed under the Punjab Municipal Act, the Punjab Municipal Corporation Act and the Punjab Town Improvement’ Act. As the local bodies are “main agencies” to monitor the development activities within the municipal areas, the role of town planning schemes is considered vital.
The schemes contribute to the implementation of master plan and, among other things, regulate development in a planned manner, “in which residential plots of various sizes and roads of different hierarchy are proposed”.
In one of the petitions, a resident of Patiala’s New Lal Bagh Colony had sought directions to the corporation against permitting commercial activities in buildings in residential areas of their colony.
The court was told that the state government approved commercial activity from YPS School to Thikriwala Chowk vide approval dated October 16, 2008, in pursuance of resolutions passed by the corporation.
During the pendency of the petitions, Patiala Deputy Commissioner, Senior Superintendent of Police, and Municipal Commissioner were directed to seal “all those premises which are being run without getting the building plans sanctioned for commercial activities”.
The Municipal Commissioner and the Chief Administrator of Patiala Development Authority were later permitted to apply for exemption from sealing certain premises identified to avoid inconvenience of the residents.
In case of hospitals and nursing homes in residential areas, indoor patients already admitted were allowed to continue with the treatment.
An affidavit by Assistant Town Planner was also filed saying “the notices of expression of interest were published in the newspaper to prepare a survey and layout plans for preparation of Town Planning Schemes”.
