Chapter VIII DEVELOPMENT SCHEMES

(1) Subject to the provisions of this Act or any other law for the time being in force, the Authority may, within its jurisdiction, or any part thereof, for the purpose of achieving planned development and for providing better infrastructural facilities by implementing the proposals as envisaged in the plans sanctioned under section 38 on its own or authorize any other body or any developer entity to prepare and implement one or more development schemes in conformity with such plans: Provided that the scheme is contiguous and approachable by a public road. (2) Land uses earmarked in the plans sanctioned under section 38 as peri-urban use, conservation use, agricultural use, or any other non-conflicting uses as may decided by the Authority shall automatically stand converted to uses proposed under the development scheme: Provided that land uses earmarked as bio-conservation use, water bodies, buffer zone, forest use and all other such prohibited uses as may be decided by the Authority including roads and utilities sanctioned in plans under section 38 are prohibited from automatic change of land use or modification: Provided further that, the marginal realignment of road network proposed in the sanctioned plans under section 38 may be considered by the Authority, if the said realignment is within the scheme area and is essential in the overall interest of the development of the area and does not in any manner contradict the development plans. (3) The Authority/Commissioner, as and when required, may by notification invite applications from any developer entity to undertake a development scheme independently or jointly with the Authority as specified in accordance with the provisions of this Act, as per the terms and conditions specified in the notification and as per the conditions stipulated by the Authority while according sanction for the development scheme. (4) The types of development schemes shall be,- (a) Land Pooling Scheme; (b) Town Planning Scheme; and (c) Any other special development scheme as prescribed. (5) Notwithstanding anything contained under this Act, the Government may, after making such inquiry as it deems necessary, by notification, require the Authority to make development scheme in respect of any area within the capital region which conforms to the provisions of this Act. (6) For the purposes of the provisions of the Act, the requisition made by the Government through a notification shall be deemed to be the declaration of intention to make a scheme.

The development scheme may make provisions for any of the following matters, namely,— (1) the laying out or relaying out of land, either vacant or already built upon; (2) lands likely to be used for construction of buildings for residential or commercial or industrial or for other purposes including for the sectors of capital city area; (3) layout of new streets or roads, construction, diversion, extension, alternation, improvement of streets and communication network; (4) the allotment of land for roads, spaces for public purposes like open spaces, gardens, recreation grounds, schools, markets, green belt, transport facilities, utilities and amenities of all kinds; (5) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal; (6) lighting; (7) water supply; (8) trunk and other infrastructure required to service the infrastructure within the development area; (9) preservation, conservation and protection of all heritage related objects and also water bodies; (10) The preservation of objects of historical or national interest or natural beauty; and (11) Such other provisions as prescribed by the Authority.

(1) The development scheme shall contain the following particulars, namely,- (a) survey numbers as in diglot or re-survey register or fair adangal, survey numbers as in record of rights and adangal, sub-division sketch from field measurement book of the original survey number as well as sub-divided survey number, revenue village, extent of land; (b) details of ownership of all parcels of land; (c) preparation of the scheme incorporating details such as roads, amenity areas, land use and such other items in accordance with the sanctioned plans under section 38; (d) the land use break-up of the scheme; (e) the re-constituted plots which would be re-allotted to the land owners; (f) method of re-allotment or registration; (g) original location of the land and location of the developed land; (h) the plots / lands to be allotted to the Authority or developer entity in lieu of the cost of development towards the preparation, sanction, provision of infrastructure and amenities and implementation of the scheme; (i) the plots / land to be allotted to the Authority in lieu of the cost of development towards provision of infrastructure and amenities and other costs and expenses to be incurred for the scheme and external trunk infrastructure; (j) type of the development entitled for each of the plot / land based on the use of the development including the sectors of capital city area in accordance with; (k) line estimates for development of the scheme [Level and cost of infrastructure shall be as per the prescribed standards]; (l) the area proposed for various purposes as prescribed; (m) any other particulars as may be prescribed.

(1) The Authority or the developer entity whoever undertakes the development scheme shall provide the following infrastructure and amenities in the area of development scheme:- (a) road development; (b) electric lines and street lighting located in exclusive strips of land; (c) water supply; (d) sewerage works – distribution network and sewerage treatment facility; (e) storm water drainage network; (f) rain water harvesting; (g) telecommunication lines located in exclusive strips of land over ground or in ducts under the surface; and (h) development of open spaces for parks, play grounds and avenue plantation without obstructing pedestrian ways or roads; (2) The responsibility of providing infrastructure within the reconstituted plots shall lie with the owner.

(1) all sums payable to the Authority under the provisions of this Act; (2) all sums spent or estimated to be spent to undertake the scheme including proportionate external and full internal infrastructure cost or betterment charges;- (a) in the making of the scheme; (b) in the execution of the scheme; (c) in the execution of such part of the peripheral and bulk services as may be considered necessary. (3) all sums payable to any other agency or Government under the provisions of any other relevant Acts; (4) administrative and legal expenses including risk reserves based on the future litigations; (5) the cost of publication charges in the newspapers pertaining to the scheme; (6) registration charges, if any.

(1) The title of the land owners covered under the development scheme shall be verified with reference to the revenue records, registration documents and other relevant records of ownership of land by the Competent Authority and an order issued under his seal and signature confirming the acceptance or otherwise of the land for the development scheme. (2) In the development scheme, the size and shape of every plot shall be determined, so far as may be, to render it suitable for development and complying with the provisions of the scheme. (3) The development scheme may be prepared in sectors with details of the name, number of the plots, roads and the reconstituted plots with numbering which shall be allotted in the area of the development scheme to the owners in accordance with the eligibility as prescribed. (4) The Authority may earmark the land allotted to it in a single separate sector or in a group of sectors for specific purposes, and the reconstituted plot / land may be allotted to the land owners in a single separate sector or group of sectors for the purposes specified in the development scheme. (5) The development scheme may contain proposals:- (a) to form reconstituted plot / land by the reconstitution of the original lands by the alteration of its boundaries and by the transfer of any adjoining lands if necessary; (b) for location of the reconstituted plot / land anywhere in the identified area of the development scheme; (c) for allotment of reconstituted plot / land by draw of lots; (d) to provide with the consent of the owners the allotment of reconstituted plot /land jointly as common reconstituted plot; and (e) for allotment of a reconstituted plot / land to any owner dispossessed of land in furtherance of the scheme. (6) The proportion and extent of eligibility for each land owner shall be determined before publishing the draft development scheme.

(1) On or after the date on which a draft development scheme is published, no person shall, within the area included in the scheme, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the Commissioner in prescribed form and on payment of such scrutiny fees and charges as may be prescribed by regulations. (2) Where an application for permission is received by the Commissioner, he shall, send to the applicant a written acknowledgement of its receipt and after making such inquiry as, it deems fit, may either grant or refuse such permission or grant it subject to such conditions as he may think fit to impose. (3) If any person contravenes the above provisions or of any condition imposed, the Commissioner may direct such person by notice in writing to stop any development in progress, and after making an inquiry in the prescribed manner remove, pull down, or alter any building or other development or restore the land or building in respect of which such contravention is made to its original condition.

(1) Where there is a disputed claim to the ownership of any piece of land included in the area under the development scheme in respect of which a declaration of intention has been made and any entry in the record of rights or mutation relevant to such disputed claim is inaccurate or inconclusive, an enquiry may be held by Competent Authority in case of any development scheme at any time before the final allotment of the reconstituted plot /land for the purposes of deciding as to who shall be deemed to be the owner for the purposes of this Act and pass orders under his seal and signature. (2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit in a Court of competent jurisdiction.

Act No.XVI of 1908: (1) Nothing in the Registration Act, 1908 shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a development scheme implemented by the Authority which has come into force. (2) All such documents, plans and maps shall, for the purposes of Section 48 and 49 of the Registration Act, 1908 be deemed to have been registered in accordance with the provisions of that Act: Provided that the documents, plans and maps relating to the sanctioned scheme shall be accessible to the public in the manner prescribed.