Friday 2 September 2016

KULDEEP KOHLI-ARAVALI CLARIFICATION BOUNDRY



KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404

 02/09/2016

WHAT IS AGRICULTURE, WHAT IS AN ACTIVITY WHICH IS AGRICULTURE AND SUBSERVIENT TO AGRICULTURE AND DO WE REQUIRE PERMISSION FOR CONSTRUCTION OF BOUNDARY WALL AND FOR ACTIVITIES SUBSERVIENT TO AGRICULTURE  AS PER SECTION 6  OF THE PUNJAB SCHEDULED ROADS AND CONTROLLED AREAS RESTRICTION OF UNREGULATED DEVELOPMENT ACT 1963 IN AN AREA WHICH HAS BEEN DECLARED A CONTROLLED AREA THROUGH A NOTIFICATION. 

Government OF Haryana had issued a circular as per details given below which describes the activities subservient to agriculture. 

HARYANA GOVERNMENT TOWN AND COUNTRY PLANNING DEPARTMENT NOTIFICATION CCP (NCR)/DDP/BERI-2031/2014/10 DATED 2nd January, 2014 No. CCP (NCR)/DDP/BERI-2031/2014/10

“Subservient to Agriculture” means development and activities, which are required to assist in carrying out the process of agriculture such as tube wells, pump chambers, wind mills,   irrigation drain, pucca platforms, fencing and boundary walls not more than 4 ft. high and with maximum 3 ft. high fencing, water hydrant etc.
This means that no permission is required for a boundary wall which is not more than 4 ft. high and with maximum 3 ft. high fencing.

Government of Haryana further vide  notification No. M 342/2013/8/1/2014-2TCP dated 14.1.2014 describes the term agriculture and also clarifies that no permission is required for construction of a building if such building is used or is to be used for agriculture purposes or purposes subservient to agriculture.

Para 2 of the notification gives the definition of agriculture

The term agriculture” as per Section 2(1) of the Act ibid is defined as “agriculture includes horticulture, dairy farming, poultry farming and the planting and up keep of an orchard.”

It further reads:

Thus every person desiring to construct a building in the Controlled area has to get permission for change of land use (from agriculture to other purposes) from the Director.  However no such permission is necessary, if such building is used or is to be used for agriculture purposes or purposes subservient to agriculture.

HENCE THIS MEANS THAT IF YOU ARE DESIROUS TO CONSTRUCT A BUILDING THEN NO PERMISSION IS REQUIRED IF SUCH BUILDING IS USED OR IS TO BE USED FOR AGRICULTURE PURPOSES OR PURPOSES SUBSERVIENT TO AGRICULTURE. 

 Thanking you,

Yours faithfully

KULDEEP KUMAR KOHLI




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