- (1.) THE Palace Resort and Banquet Association impugns the "Policy for Regularization of existing Marriage Palaces/Banquet Halls" notified by the State of Haryana on 03.04.2012 and apparently amended in December, 2013.
(2.) THE genesis of the subject policy lies in a public interest litigation bearing CWP No.1418 of 2013 titled as "Guru Pratap Public Welfare Association vs. State of Haryana and Ors." wherein issues relating to (i) unending traffic jams due to the unauthorized parking of hundreds of vehicles on the roadside in front of Marriage Palaces/Banquet Halls; (ii) the road accidents caused due to chaotic conditions and unauthorized construction of Marriage Palaces/Banquet Halls in violation of different Statutes etc. were raked up. This Court on 18.09.2013 passed the following order in PIL jurisdiction: - "An affidavit has also been filed by the Director, Urban Local Bodies Department, Haryana including a policy for setting up of new marriage palaces/banquet halls. However, qua the current marriage palaces/banquet halls, it was deemed expedient to have a detailed survey to know the status and extent of existing structures so as to take a comprehensive view for which a proforma has been circulated to all the concerned parties and the policy for regularization would be finalized after survey of the existing structures."
(3.) IT may be seen from the above -reproduced order that this Court is monitoring the implementation of the policy formulated by the State of Haryana whereunder the unauthorized Marriage Palaces/Banquet Halls are required to seek regularization of their respective structures. The subject policy, inter alia, contemplates regularization of existing Marriage Palaces/Banquet Halls subject to the following procedure and/or conditions prescribed therein: - "B. Applicability/Permissible zone: i. In case of any existing violation of any Act, Rules, etc., permission for regularization of a marriage palace/banquet hall would be considered only after the offences are compounded by the competent authority. ii. Marriage palaces/banquet halls located in restricted/prohibited zones/areas shall not be considered for regularization and action shall be taken against them, as per law. C. Building norms: i. Size of the plot. The size of the plot should not be less than 1000 sq.meters. ii. Approach The width of approach road shall not be less than 12 metres. iii. Ground Coverage: The maximum permissible ground coverage shall be 33%. iv. Permissible Floor Area Ratio (FAR) The permissible FAR shall be 0.70 (for main building) and upto 0.05 (for ancillary building). v. Parking The minimum area for parking shall not be less than 50% of the site area. In case of provision of valet parking at the distance of 200 metres from the site of marriage palaces/banquet halls has been made then 25% parking shall be provided at the marriage palace/banquet hall site. For this, the applicant shall submit ownership/lease documents of valet parking plot and undertaking that he shall not convert the use of valet parking site in future in any case. vi. Basement... vii. Height... viii. Setbacks... ix. Lifts and ramps... x. Bar on subdivision of plots... xi. Solar water heating system... xii. Fire safety... xiii. Structural safety certificate... xiv. Rainwater harvesting... In addition, the policy also lays down other norms like frontage of the site, toilets and water storage etc. As regards the procedure prescribed for seeking regularization, the policy says that: - "G. Submission of application: The owners of existing marriage palaces/banquet halls can apply to the Chairperson of the Committee, along with necessary documents, on the prescribed application form (Annexure "A"). H. Fee to be charged: i. Within original Municipal limit a) The fee/charges e.g. Scrutiny fee, Malba charges, composition fee shall be charged as per the Municipal Building Bye -Laws 1982 and the commercial fee/charge shall be 50% of the rates circulated vide PSULB orders dated 04.04.2012 (Annexure B). b) Labour Cess @ 1% of the estimated cost of the building is leviable under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. ii. Within extended municipal limit The fee/charges, like scrutiny fee, conversion charges, composition fee, etc. as notified for banquet halls under the rules framed under Act NO.41 of 1963 by the Town and Country Planning Department, Haryana shall be applicable. a) External Development Charges will be leviable at 50% of the rates specified by the Haryana Urban Development Authority. b) Labour Cess @ 1% of the estimate cost of the building is leviable under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.";