Chapter 7: Action Against Violations
- ACTION AGAINST VIOLATIONS
The Authority shall take appropriate action against a sponsor in case any provision of these rules is violated.
- CANCELLATION OF AN APPROVED SCHEME
(1) In case a sponsor is unable to develop or complete an approved scheme within the stipulated time, he may apply to the Authority for the cancellation of the scheme subject to the condition that he has not sold any plot in the scheme, provides such surety as the Authority deems appropriate and deposits the requisite fee for publication of a public notice in this regard at the cost of the sponsor.
(2) Subject to the conditions mentioned in sub-rule (1), the Authority may cancel the scheme on payment of all the outstanding dues, including fine, and payment of the prevailing market value of the sites reserved for public buildings.
(3) The approved evaluator of the Authority shall, in the prescribed manner, assess the value of land under sub-rule (2).
(4) Nothing in this rule shall have the effect of absolving the sponsor of any liability or claim of a third person on account of the cancellation of the approved plan or scheme.
- DEVELOPMENT OF AN APPROVED HOUSING SCHEME
In case a housing scheme was approved prior to the enforcement of these rules but has not been developed and the sponsor is not available, the persons interested, if any, may constitute a committee for purposes of approval of the revised plan, release of mortgaged plots, development of the housing scheme and other allied matters.
- TRANSFER OF APPROVED HOUSING SCHEME
(1) The Authority may allow the transfer of an approved housing scheme from a sponsor to another sponsor subject to fulfillment of the following conditions:
(a) Provision of valid sale deeds of the scheme;
(b) Submission and execution of the agreement between the sponsors with the prior approval of the Authority that the sponsor shall abide by all the terms and conditions of the approved housing scheme;
(c) Public notice for calling objections from the general public and settlement of the objections if any;
(d) Payment of a fee for the transfer of the housing scheme; and
(e) Transfer of assets, rights, and liabilities.
(2) The transfer to the new sponsor shall not absolve the original sponsor of any liability arising at any stage.
- THE AMALGAMATION OF APPROVED HOUSING SCHEMES
(1) The Authority may allow the amalgamation of two or more approved housing schemes, other than a cooperative housing society, subject to the following conditions:
(a) Public notice for calling objections from the general public and settlement of objections, if any; (b) payment of a fee for amalgamation of housing scheme;
(c) Clearance of the outstanding amount, if any; and
(d) Transfer of all assets, rights, and liabilities.
(2) The amalgamation of approved housing schemes shall not absolve the original sponsors from any liability arising at any stage.
- REVISION OF APPROVED HOUSING SCHEME
(1) The Authority may allow revision of an approved housing scheme in the manner in which a new housing scheme is approved.
(2) In case of revision of an approved housing scheme, public amenity sites like open spaces, public buildings shall not be changed In the revised layout plan but the site reserved for unutilized graveyard even If transferred In the name of the Authority may be substituted with some other equal land in the revised layout plan and the sponsor shall incur the cost on the transfer of such land.
(3) No revised scheme shall be entertained and approved unless the Authority has granted an extension in the development period In accordance with these rules.
(4) The sponsor shall not be allowed any extra time for executing the revised scheme.
(5) If before the expiry of the development period, the sponsor submits the revised plan which includes an additional area, the Authority may, in accordance with these rules, grant extension in the development period but only to the extent of the additional area. 43. Area for approval of housing scheme.-The Authority shall allow a housing scheme in the area declared residential or peri-urban in the master plan, outline development plan, agro-Ville development plan, peri-urban structure plan and other allied plans.
- UNPLANNED HOUSING
The Authority shall not allow any individual construction in the area unless it Is part of any approved housing scheme except in the following cases: (a) areas contiguous to Lal fakeer of village settlements to be notified by the Authority; (b) farmhouse on a minimum four Kanal area; and (c) farmer’s but and ancillary facilities up to a maximum of ten marlas on the land not less than one acre.