Chapter 5: Approval
- PROCESSING OF AN APPLICATION
The Authority shall entertain an application, complete in all aspects and In case of an incomplete application, inform the sponsor within seven days.
- SCRUTINY OF LAND OWNERSHIP DOCUMENTS
(1) If the Authority considers an application complete:
(a) Director Metropolitan Planning shall, within seven days, forward the application to its revenue staff for scrutiny of ownership documents;
(b) The revenue staff of the Authority with the assistance of the District Collector shall, within ten days, scrutinize the ownership documents;
(c) After the scrutiny, the revenue staff of the Authority shall forward its report or objections to the Director Metropolitan Planning; and
(d) Director Metropolitan Planning shall, within five days, convey the objections to the sponsor for appropriate action.
- PUBLIC OBJECTIONS
(1)The Authority, after clearance of the ownership documents, shall publish in at least two leading Urdu and one English daily national newspaper, a public notice for inviting objections on Form A, except in case of land sub-division scheme having an area which is less than forty kanals.
(2) The sponsor shall bear such cost of the publication of the public notice as the Authority may determine.
(3) The public notice shall specify the following:
(a) Location of the scheme;
(b) Total area of the scheme;
(c) Name and address of the sponsor;
(d) List of khasra number along with revenue estate or mauza; and
(e) The objections, if any, may be filed within fifteen days from the date of publication with such authority as is mentioned in the notice.
(4) The Authority shall, within seven days, forward the objections, If received, to the sponsor, for such action as the sponsor deems fit.
(5) In case an objection is raised about the ownership of a portion of land included in the scheme and both the sponsor and object or claim ownership on the basis of title documents, the Authority shall exclude the disputed land from the scheme.
- TECHNICAL SCRUTINY OF LAYOUT PLAN
(1)After the scrutiny of the ownership documents and settlement of public objections, if any:
(a) Director Metropolitan Planning shall, within ten days, scrutinize the layout plan in accordance with these rules and forward the objections, if any, to the sponsor for such action as he deems fit;
(b) In case of clearance of the layout plan, the Director Metropolitan Planning shall intimate the sponsor to provide the following:
(i) Transparency of the layout plan indicating also the plots proposed to be mortgaged but no mortgage of plots shall be required in case of a land sub-division having an area less than forty Kanal;
(ii) A soft copy of layout plan geo-referenced with the coordinate system of Survey of Pakistan Plan;
(iii) A transfer deed in Form B, BI, B2 for transferring to the Authority, free of cost, the area reserved for roads, open spaces, parks, graveyard, solid waste management and such other services and minimum fifty percent area of public building sites up to a maximum of two percent of the scheme area allocated for public building sites, excluding the area of mosque and in case of land sub-division having an area less than forty kanal, the area under roads, open spaces and amenities, if provided;
(iv) A mortgage deed in Form C, CI, C2 mortgagIng in favour of the Authority twenty percent plots of the housing scheme as security for completion of development works but no mortgage of plots shall be required in case of a land sub-division having an area less than forty kanal;
(2) On fulfillment of requirements:
(a) The Director Metropolitan Planning shall, within seven days, submit his recommendations to the Chief Metropolitan Planner who shall, within seven days, submit the case to the Director General;
(b) The Director-General, shall approve the layout plan or pass appropriate orders; and
(c) The Director Metropolitan Planning shall, within seven days of the receipt of the order of the Director-General, intimate the sponsors the orders of the Director-General.
- PROCESSING OF SERVICES DESIGN
On submission of the design for services, except for a land sub-division having an area less than forty kanals:
(i). (a) The Director Metropolitan Planning shall forward, within seven days, the design to the agency or agencies responsible for its approval;
(b) The concerned agency shall, within twenty days, convey objections, if any, to a sponsor under intimation to the Director Metropolitan Planning;
(c) A sponsor, after removing the objections, may resubmit the case to the Director Metropolitan Planning;
(d) On resubmission of the case, the concerned agency shall, within fifteen days, convey its decision to the sponsor under intimation to the Director Metropolitan Planning; and
(e) The sponsor shall submit: a soft copy of the approved design to the concerned agency; and
(ii) A soft copy of the approved layout plan of infrastructure services of the housing scheme.
- PRE-REQUISITES FOR SANCTIONING A HOUSING SCHEME
(1) The Authority shall issue the letter of final approval of a scheme and shall release the lay out plan within ten days from the date on which the sponsor fulfills the following requirements:
(a) Deposit the approval fee;
(b) Deposit the land use conversion fee, if applicable;
(c) deposit fee for a public notice if applicable, in one Urdu and one English daily national newspapers giving details of mortgaged plots and the salient features of the approved scheme or approved sub-division plan and publish the same on the website, If available;
(d) Execute a transfer deed in favor of Authority in the office of the Sub-Registrar;
(e) Execute mortgage deed in favor of Authority in the office of the Sub-Registrar as security, if applicable;
(f) Deposit a performance bond in Form D and Form DI, consisting of a performance agreement and a unconditional bank guarantee covering the period of development works but the amount of bank guarantee shall be equivalent to the total cost of development works of the housing scheme except for land sub-division scheme having an area less than forty kanal;
(g) Submit a no objection certificate from the Provincial Environmental Protection Agency, if applicable.
(2) The Authority shall ensure that the mortgage deed and transfer deed are executed by the sponsor scheme and such deeds are incorporated in the revenue record in the following manner:
(a) The transfer of land under public uses, open spaces, parks and such like other amenities In the name of the Authority Is Incorporated in the revenue record;
(b) The mortgage of the plots in favour of the Authority is incorporated in the revenue record; and (c) the housing scheme is incorporated in the revenue record.
- SANCTION OF PRIVATE HOUSING SCHEMES
After fulfillment of the above requirements, the Authority shall issue a formal letter of sanction in Form E and, on receipt of the letter, the sponsor may start the marketing and sale of the plots in the sanctioned housing scheme but the sponsor shall not be absolved of the responsibility to comply with the marketing requirements under any other law and shall not market or sell any mortgaged plot unless it is redeemed by the Authority and the plot is released by executing a Redemption Deed.
- PUBLIC NOTICE
The Authority shall, at the cost of the sponsor, publish in two daily national newspapers a public notice in Form F, giving details of mortgaged plots and salient features of the sanctioned housing scheme and also publish it on the website, if applicable.
- SUB-DIVISION OF A RESIDENTIAL PLOT
(1) The Authority may allow sub-division of residential plots in an approved private housing scheme.
(2) The Authority shall entertain an application for sub-division of residential plot subject to the following requirements:
(a) The applicant is the owner of the plot;
(b) The plot is not less than one Kanal, including chamfer area, if required;
(c) the plot of one kanal but less than two Kanal is sub-divided into two plots of not less than ten merle each;
(d) The plot of two Kanal and above is subdivided into plots of one Kanal or above;
(e) In a farm housing scheme, a sub-divided plot is not less than four Kanal;
(f) If a sub-divided plot is not abutting a road, a sixteen feet wide access road is provided within the original plot; if more than one sub-divided plots are not abutting a road, a twenty feet wide access road is provided within the original plot; and the resultant plots.
(3) The applicant shall provide internal Infrastructure and services for additional plots.
- APPROVAL OF SUBDIVISION OF A PLOT
(1) The Authority shall not entertain an incomplete application and shall, within seven days, inform the applicant of the objections, if any.
(2) If the Authority is satisfied that the application fulfills the requirements of these rules, the ownership of the plot has been established and the prescribed sub-division fee has been deposited, it may approve the sub-division.