Haryana road ordinance a relief to building owners

The Haryana government has promulgated the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Ordinance,2009,giving major relief to the owners who have erected or re-erected buildings within 100 meters on either side of the road reservation of a by-pass and 30 meters on either side of a scheduled road. The owners will have to pay a prescribed fee for the relief. An official spokesman said the state government has decided not to initiate any action against such constructions raised prior to the promulgation of the ordinance.

Constructions on the scheduled roads and by-passes that had been made prior to coming into force of this ordinance,would be exempted from the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act,1963. Erection or re-erection of buildings was prohibited under Section 3 of the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act,1963. The scheduled road,as defined under section 2(10) of the Act,ceases to be a scheduled road within the limits of a local authority.

The SC had dealt with this issue and had held that any building raised in violation of the Act,even though falling within the extended municipal limits,could not be regularised by way of composition.