Chapter V DEVELOPMENT SCHEMES

(1) Subject to the provisions of the 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 sanctioned development plans on its own or authorize any other body or any Licensed Developer 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 sanctioned development plans for ‘Peri-urban use, conservation use, agricultural use or any other non-conflicting use as may be 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 prohibited uses as may be decided by the Authority including roads and utilities in the sanctioned development plans are prohibited for automatic change of land use or modification. Provided further that the marginal realignment of road network proposed in the sanctioned development plans may be considered by the Authority, if the said realignment is within the Scheme area only and is essential in the overall interest of the development of the area. (3) The Authority or the Metropolitan Commissioner / Vice-Chairperson, 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) Types of Development Schemes - The types of development schemes shall be,- (a) Land Pooling Scheme [LPS], (b) Town Planning Scheme[TPS], (c) Any other special development scheme as prescribed. Power of the Government to require the authority to make a development scheme - (5) Notwithstanding anything contained under the 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 development area which conforms to the provisions of the Act. (6) For the purposes of the provisions of the Act, the requisition made by the Government through the 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) for the lands likely to be used for construction of buildings for residential or commercial or industrial or for any other purposes as decided by the Authority; (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; (11) any other provisions as may be prescribed.

(1) The Development Scheme shall contain the following particulars, namely,- (a) survey numbers as in diglot or res-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 roads, amenity areas, land use etc in accordance with the sanctioned plans; (d) the land use break-up of the scheme; (e) the re-constituted plots [Final Plot / Land] 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 or 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 or 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; (k) line estimates for development of the scheme. [level and cost of infrastructure shall be as per the prescribed standards]; (l) the scheme shall also indicate the area proposed for the various purposes as may be prescribed; (m) any other particulars as may be prescribed. (2) It shall also contain any specific development promotion regulations to control the developments in the scheme area.

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

The cost of the development scheme shall include,- (1) all sums payable to the Authority under the provisions of the 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; (7) any other sum payable as may be prescribed.

(1) The title of the land owners covered under the development scheme shall be verified with reference to the revenue records and registration documents and other relevant records of ownership of land by the officer authorized by the 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 the name and number of the plots, roads and the developed final plots which shall be allotted in the development scheme area to the owners in accordance with the eligibility as may be prescribed. (4) The Authority may earmark the land allotted to it as a separate sector or in a group of sectors for specific purposes and the reconstituted plot / land to the land owners in 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 shall be by draw of lots. (d) to provide with the consent of the owners that the reconstituted plot / land may be allotted jointly as common reconstituted plot. (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 Metropolitan Commissioner / Vice-Chairperson 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 Metropolitan Commissioner / Vice-Chairperson, he shall, send to the applicant a written acknowledgement of its receipt and after making such inquiry as it deems fit and in consultation with the officer authorized by the Metropolitan Commissioner / Vice-Chairperson, 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 conditions imposed, the Metropolitan Commissioner / Vice-Chairperson 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 development scheme area in respect of which a declaration of intention to make a development scheme 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 an Officer appointed by the Government in case of any development scheme in the manner as prescribed or the Planning Officer in case of a Town Planning 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 the 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.

(1) Nothing in the Registration Act, 1908 (Act No.16 of 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.

(1) “Land Pooling Scheme” means the pooling together of all the lands in an identified area, under different ownerships voluntarily and redistributing it in a properly reconstituted form after development and re-allotment of the pre-defined extent of the land to the Land Owners, after deducting the land required for public open spaces for parks and play grounds, social housing for economically weaker sections, social amenities such as school, dispensary, other civic amenities etc, road network and other infrastructure as specified under the Act and duly retaining a part of the land by the Authority in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the Scheme and external trunk infrastructure. (2) The land pooling scheme is intended for land owners volunteering to surrender their land against a guaranteed return of a developed and reconstituted plot / land.

(1) The reservation and allotment of land for various purposes in the Land Pooling Scheme may be as specified below:-- (a) reservation of land to an extent of ten percent of total scheme area for parks, playgrounds, gardens and open spaces; (b) allotment of land for roads and utility services to an extent of thirty percent of total scheme area; (c) allotment of land to an extent of five percent of total scheme area for social amenities such as school, dispensary and other community facilities; (d) allotment of land to an extent of five percent of total scheme area for providing affordable housing for the poor; (e) a share of total area of the scheme specified by the Authority for reconstituted plots [Final Plot], for re-allotment to the Land Owners; (f) a share of total area of the scheme specified by the Authority in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the Scheme and external trunk infrastructure for re-allotment to the Authority. The Authority may use this allotted land for residential or commercial or public or semipublic or any other purposes as may be approved by the Authority: Provided that the percentage of the allotment of land as specified in Clauses from (b) to (d) may be altered by the Authority while preparing the Land Pooling Scheme depending upon the nature of existing and proposed development, sanctioned development plans and for the reasons to be recorded in writing. (2) The area of the Land Pooling Scheme shall be as notified by the Authority under section 29 of the Act.

The developer entity intending to undertake Land Pooling Scheme shall obtain a license from the Metropolitan Commissioner / Vice-Chairperson to formulate and implement a Land Pooling Scheme containing such particulars and details as may be prescribed: Provided that,- (1) The developer entity shall submit the application to formulate and implement a Land Pooling Scheme only after the notification issued as stated at sub-section (3) of section 17 under the Act; (2) The developer entity shall be responsible for the pooling of the land under land pooling scheme and all the requirements of the scheme as may be prescribed under the Act shall be complied with; (3) The costs for development of the development scheme shall be factored into the project before the developer undertakes the development work; (4) The developer entity shall obtain all necessary permissions from the Metropolitan Commissioner / Vice-Chairperson as required under the Act duly paying the prescribed fees and charges to undertake the Scheme; (5) The developer entity shall mortgage a part of the Scheme area as prescribed in favour of the Authority in order to comply with the conditions of the development scheme. The same shall be re-conveyed by the Metropolitan Commissioner / Vice-Chairperson while issuing the completion certificate of the scheme.

(1) The Competent Authority for land pooling scheme shall be the Metropolitan Commissioner / Vice-Chairperson or an officer appointed by the Government and also includes such other officers along with staff, appointed by Government for the purpose. (2) The area for the land pooling scheme may be identified by the Competent Authority either on his own or based on the applications received from the land owners or developer entity. (3) The Competent Authority shall obtain the approval of the Authority and initiate Land Pooling Scheme for the identified area: Provided that no such approval shall be necessary in case of any area notified by the Government under sub-sections (5) and (6) of section 17. (4) The Competent Authority for land pooling scheme shall issue a notification declaring its intention (hereafter referred to as the ‘declaration of intention’) to make the land pooling scheme in respect of such an area in the prescribed manner within prescribed time period, calling for objections or suggestions as well as consent from the Land Owners or interested parties whose lands are included in the land pooling scheme so as to reach within thirty days from the date of publication of such notification. (5) The Competent Authority shall consider and dispose of all such objections and suggestions within the prescribed time limit and approve the Land Pooling Scheme area with or without modifications within the prescribed time period. (6) The Competent Authority for land pooling scheme within the prescribed time period shall notify the modified area of the land pooling scheme for the preparation of draft land pooling scheme. (7) Verification of the title and extent of consenting land owners shall be done under sub-section (1) of section 22. (8) Disputed ownership shall be resolved under section 24.

(1) The Competent Authority for land pooling scheme shall make a draft land pooling scheme of the area in accordance with the sanctioned development plans in consultation with land owners within the time period. Such consultations shall be related to the provisions made under section 18 of the Act and each such consultation has to be recorded in writing and has to be signed by the Competent Authority for land pooling or any other authorized officer on behalf of the Authority. (2) The Competent Authority shall approve and publish the notification of draft land pooling scheme within prescribed time period along with the conditions if any for carrying out the provisions of the scheme, calling for objections or suggestions from the land owners whose lands are included in the land pooling scheme giving a time period of thirty days from the date of publication of the notification.

(1) If any person affected by such scheme communicates in writing, the Competent Authority shall consider such objections relating to such scheme and at any time before approving the final land pooling scheme, modify such scheme as it thinks fit. (2) The Competent Authority after considering the modifications shall approve the final land pooling scheme and publish the notification of the final land pooling scheme. (3) The notified area under the final land pooling scheme shall vest absolutely with the Authority or the developer entity, as the case may be, free from all encumbrances, for reconstituting and implementing the land pooling scheme. (4) After publication of the Final Land Pooling Scheme, within a prescribed period of time, the Competent Authority shall issue a Land Pooling Ownership Certificate [LPOC] to each land owner which shall contain details of the land owner’s original land and that of the reconstituted Plot / Land, including its original ownership details, along with a sketch of reconstituted plots and such Certificate shall be the conclusive evidence of the title of the property in respect of the reconstituted Plots / Lands and shall be eligible for transfer of rights of the property in accordance with the provisions of the Registration Act, 1908 (Act No.16 of 1908). (5) After notification of the final land pooling scheme, the same shall be incorporated in the notified sanctioned development plans as the case may be. (6) All lands reserved for the parks, play grounds and open spaces, and all lands allotted for roads, social amenities and affordable housing shall be deemed to be handed over to the Authority upon the notification of the final land pooling scheme. (7) All lands allotted for the Authority or the developer entity, as the case may be, shall also be deemed to be handed over to the Authority or the developer entity, as the case may be. (8) The notified final land pooling scheme shall be a deemed layout development permission by the Authority. (9) The owner of the reconstituted plot will be responsible for the following, namely,-- (a) for providing all the required infrastructure within the reconstituted plot or land and for obtaining development permissions as per applicable regulations; (b) to obtain all permissions and requisite ‘No Objection Certificates’ required for the development of the reconstituted plot; and (c) to pay necessary fees and charges as per the rules for the sanction of development permission before commencing any construction activity on reconstituted plots.

(1) The permission for the final land pooling scheme shall remain valid for a period as may be prescribed. (2) The physical demarcation of roads and plots of the final land pooling scheme shall be commenced immediately on final sanction and shall be completed within a period as may be prescribed. (3) The Competent Authority for land pooling scheme shall hand over the reconstituted plots to the land owners after formation of the roads as per the final land pooling scheme within a period as may be prescribed. (4) The remaining infrastructure shall be developed in a phased manner in a period as may be prescribed. (5) If the works are not completed within a prescribed period, the final sanction and permission shall be revalidated by the Authority for a maximum period as may be prescribed.

(1) The Competent Authority shall, duly furnishing the details of completion of the works along with the necessary infrastructure plans, publish a notice of completion of the final land pooling scheme within the period as may be prescribed.

(2) The Competent Authority shall also publish the details of re-allotment of reconstituted plots / lands along with land mutation records or land pooling ownership certificates.

(3) On verification of the details in sub-sections (1) and (2), the Competent Authority shall issue the Completion Certificate along with layout of final land pooling scheme.

(1) The reconstituted plot / land owners shall have to pay for the usage, consumption and maintenance charges levied by the agencies responsible for the common infrastructure and respective services including roads, street lighting, solid waste management, sewerage treatment plant, water supply, parks and play grounds and other amenities.

(2) The Authority may maintain the common infrastructure and facilities either on its own or authorize a Local Authority or a resident welfare association duly collecting the necessary charges for such maintenance.

(1) Subject to the provision of this Act or any other law for the time being in force, the Authority may make one or more Town Planning Schemes for the development area or any part thereof, regard being had to the proposals in the final sanctioned development plans, if any.

(2) Town Planning Scheme may be in accordance with the provisions of this Act in respect of any land which is:-

(a) in the course of development ;

(b) likely to be used for residential or commercial or industrial or for building purposes; or

(c) already built upon.

Explanation: For the purpose of this sub section, the expression “land likely to be used for building purposes” shall include any land likely to be used as, or for the purpose of providing, open spaces, roads, streets, parks, pleasure or recreation grounds, parking spaces or for the purpose of executing any work upon or under the land incidental to a Town planning Scheme, whether in the nature of a building work or not.

(3) The reservation and allotment of land for various purposes in the Town planning Scheme shall be in accordance with sanctioned development plans under this Act and as specified in sub-section (1) of section 27.

(1) Before making any Town Planning Scheme under the provisions of the Act in respect of any area, the Authority may, by resolution, declare its intention to make such a scheme in respect of such area.

(2) Within fifteen days from the date of such declaration (hereinafter referred to as the declaration of intention to make a scheme), the Authority shall publish a notification it in the prescribed manner.

(3) A copy of the plan shall be kept open at the office of the Authority during the office hours for the inspection of the public.

(4) The Town Panning Scheme shall be mandatory and all the land owners shall invariably participate in such Town Planning Scheme on Declaration of Intention to make the Scheme by the Authority.

Within six months from the date of the declaration of intention to make a scheme under the section 36, the Authority shall make a draft town planning scheme of the area in respect of which, the said declaration has been made and publish the notification, along with the draft regulations for carrying out the provisions of the scheme calling for objections or suggestions from the land owners whose lands are included in the draft town planning scheme within thirty days from the date of the publication of the draft town planning scheme.

If any person affected by such Scheme communicates in writing to the Authority, any objections relating to such scheme, the Authority shall consider such objections and may at any time before submitting the draft town planning scheme to the Government as hereinafter provided modify such Scheme as it thinks fit.

(1) The Authority shall, within sixty days from the date of the publication of the draft town planning scheme in the manner as may be prescribed, submit the draft town planning scheme with any modifications that may have been made therein under section 38 together with the objections which may have been communicated to it, to the Government for sanction.

(2) After receiving the draft town planning scheme, the Government may, within thirty days from the date of its receipt, by notification, sanction such scheme with or without modifications or subject to such conditions as it may think fit to impose or refuse to sanction it.

(3) If the Government sanctions such scheme, it shall in such notification, stating at what place and time the draft scheme be open for the inspection of the public.

(1) Where a draft town planning scheme has been sanctioned by the Government under sub-section (2) of section 39, (hereinafter in this section, referred to as ‘the sanctioned draft scheme’), all lands required by the Authority for the purposes in clauses (3), (5), (6) and (7) of section 18 shall vest absolutely in the Authority free from all encumbrances.

(2) Nothing in sub-section (1) shall affect any right of the owner of the land vesting in the Authority under that sub-section.

(3) The provisions of sections 54 and 55 shall mutatis mutandis apply to the ‘sanctioned draft scheme’ as if; ‘sanctioned draft scheme’ was a preliminary scheme.

(1) Within thirty days from the date on which the sanction of the Government to a draft scheme is notified, the Government shall appoint a Planning Officer possessing such qualification as may be prescribed, for the purpose of such scheme and provide him with such number of officers and staff as may be considered necessary and his duties shall be as hereinafter provided:

Provided that the Government may, on the request made by the Authority, appoint a Planning Officer within thirty days from the date of the publication of the draft town planning Scheme under section 37.

(2) The Government may, if it thinks fit, at any time, remove on the ground of incompetence or misconduct or any other good and sufficient reason a Planning Officer appointed under this section and shall forthwith appoint another person in his place and any proceeding pending before Planning Officer immediately before the date of his removal shall be continued and disposed of by the new Planning Officer appointed in his place:

Provided that no Planning Officer shall be removed under this sub-section except after an inquiry in which he has been informed of the charges against him and a reasonable opportunity of being heard in respect of those charges has been given to him.

(3) Subject to the provisions of sub-section (2), a Planning Officer appointed under sub-section (1) for the purpose of any Scheme shall cease to hold office with effect from the date on which the Final Town Planning Scheme is sanctioned under section 56. (2) The Government may, if it thinks fit, at any time, remove on the ground of incompetence or misconduct or any other good and sufficient reason a Planning Officer appointed under this section and shall forthwith appoint another person in his place and any proceeding pending before Planning Officer immediately before the date of his removal shall be continued and disposed of by the new Planning Officer appointed in his place: Provided that no Planning Officer shall be removed under this sub-section except after an inquiry in which he has been informed of the charges against him and a reasonable opportunity of being heard in respect of those charges has been given to him. (3) Subject to the provisions of sub-section (2), a Planning Officer appointed under sub-section (1) for the purpose of any Scheme shall cease to hold office with effect from the date on which the Final Town Planning Scheme is sanctioned under section 56.

Within a period of six months from the date of his appointment, the Planning Officer shall, after following the prescribed procedure, sub divide the ‘sanctioned draft scheme’ into a preliminary scheme and a final scheme:

Provided that the Government may, from time to time, by order in writing, extend the said period by such further period or periods as may be specified in the order and any such order extending the period may be made so as to have retrospective effect.

(1) In a Preliminary Scheme, the Planning Officer shall,- (a) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for the purpose of the Authority and the final plot / land; (b) after giving notice as aforesaid, determine in a case in which a final plot / land is to be allotted to persons in ownership in common, the shares of such persons ; (c) provide for the total or partial transfer of any right in an Original Plot to a final plot or provide for the transfer of any right in an Original Plot in accordance with provisions of the Act; (d) determine the period within which the works provided in the scheme shall be completed by the Authority. (2) The Planning Officer shall submit the Preliminary Scheme so prepared to the Government for sanction and shall thereafter prepare and submit to the Government the Final Scheme in accordance with the provisions of sub-section (3). (3) In the Final Scheme, the Planning Officer shall,- (a) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the provisions of clause (c) of sub-section (1) of section 69; (b) determine whether the areas used, allotted or reserved for a public purpose or purposes of the Authority are beneficial wholly or partly to the owners or residents within the area of the scheme; (c) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme; (d) calculate the contribution to be levied under sub-section (1) of section 71, on each plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public; (e) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section 70; (f) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of section 71; (g) calculate the contribution to be levied on each plot included in the final scheme; (h) determine the amount to be deducted from, or added to, as the case may be, the contribution to be levied from a person in accordance with the provisions of section 71; (i) estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously affected by the making of the Town Planning Scheme in accordance with the provisions of section 74; (j) draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme: Provided that the Planning Officer may make variation from the ‘sanctioned draft scheme’, but no such variation, if it is of a substantial nature, shall be made except with the previous sanction of the Government, and except after hearing the Authority and any owners who may raise objections. Explanation:- (i) For the purpose of this proviso “Variation of a substantial nature” means a variation which is estimated by the Planning Officer to involve an increase of ten percent in the costs of the scheme as stated in section 69 on account of the provisions of new works or the allotment of additional sites for public purposes included in the Preliminary Scheme drawn up by the Planning Officer. (ii) If there is any difference of opinion between the Planning Officer and the Authority as to whether a variation made by the Planning Officer is of substantial nature or not, the matter shall be referred by the Authority to the Government whose decision shall be final.

Except in matters arising out of clauses (c), (d), (e), (f), (g) and (i) of sub-section (3) of section 43, every decision of the Planning Officer shall be final and binding on all persons.

Any decision of the Planning Officer under clause (c), (d), (e), (f), (g) and (i) of sub-section (3) of section 43 shall forth with be communicated to the party concerned in the prescribed form and any person aggrieved by such decision may within fifteen days from the date of communication of decision, present an appeal to the Board of Appeal constituted under section 46.

(1) The Government shall, from time to time by an order published in the Andhra Pradesh Gazette, constitute a Board of Appeal for hearing and deciding appeals under section 45. (2) The Board of Appeal shall consist of three Members, one of whom shall be its President and two persons, possessing such qualifications and experience as may be prescribed, as assessors. (3) The President shall be a person who is or has been a District Judge or a Judge of the City Civil Court. (4) The terms of appointment of the President of the Board of Appeal and conditions of service shall be such as may be prescribed. (5) The Board of Appeal constituted under sub-section (1) shall stand dissolved as soon as a copy of its decision in appeal is sent to the Planning Officer under sub-section (2) of section 53. (6) The Government may, if it thinks fit, remove for incompetence or misconduct or for any other good or sufficient reason any assessor appointed under sub-section (1). (7) If any assessor is removed or dies or refuses or neglects to act or becomes incapable of the acting, the authority who appointed such assessor shall appoint forth with a fit and proper person in his place.

(1) The Planning Officer shall be present at the proceedings before the Board of Appeal. (2) The Planning Officer shall not be required to give evidence in such proceedings but the President may require him to assist the Board in an advisory capacity.

The Board of Appeal may sit either at the headquarters of the President or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Board.

All questions of law and procedure shall be decided by the President and all other questions shall be decided by the President and the two assessors or by a majority of them.

(1) After making such inquiry as it may think fit, the Board of Appeal may either direct the Planning Officer to reconsider its proposals, or accept, modify, vary or reject the proposals of the Planning Officer. (2) Every decision of the Board of Appeal shall be final and binding on all persons.

Nothing contained in the Act shall be deemed to constitute the Board of Appeal to be a court.

(1) The assessors shall, save where they are salaried Government Officers, be entitled to such remuneration either by way of monthly salary or by way of fees or partly by way of salary and partly by way of fees, as the Government may, from time to time, determine. (2) The salary of the President of the Board of Appeal or an Assessor who is a salaried Government Officer and any remuneration payable under sub-section (1) and all expenses incidental to the working of the Board of Appeal shall, unless the Government otherwise determines, be defrayed from out of the funds of the Authority and shall be added to the costs of the scheme.

(1) Where no appeal has been presented under section 45, in respect of a matter arising out of clauses (c), (d), (e), (f), (g) and (i) of sub-section (3) of section 43, the decision of the Planning Officer shall be final and binding on all the parties. (2) The Board of Appeal shall send a copy of its decision in appeal to the Planning Officer who shall, if necessary, make any variation in the scheme in accordance with such decision and shall forward the Final Scheme together with a copy of his decision under section 44 and a copy of the decision of the Board of Appeal in appeal to the Government for the sanction of the Final Scheme.

(1) After a Planning Officer has been appointed under section 41, the Authority may apply to him to split up the ‘sanctioned draft scheme’ into different sections and to deal with each section separately as if such section were a separate Sanctioned Draft Scheme. (2) On receipt of an application under sub-section (1), the Planning Officer may, after making such inquiry as he thinks fit, split up the ‘sanctioned draft scheme’ into Sections. (3) The provisions of the Act and the rules made there under shall, so far as may be, apply to each of such Sections as if it were a separate ‘sanctioned draft scheme’.

The Planning Officer shall submit to the Government for sanction the preliminary scheme also before the final scheme is submitted to the Government under sub-section (2) of section 43, together with copy of his decision under section 44.

(1) On receipt of the Preliminary Scheme or as the case may be, the Final Scheme, the Government may,-- (a) in the case of Preliminary Scheme, within a period of thirty days from the date of its receipt, and (b) in the case of final scheme, within a period of sixty days from the date of its receipt, by notification, sanction the Preliminary Scheme or the Final Scheme or refuse to give sanction, provided that in sanctioning any such scheme, the Government may make such modifications as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality. (2) Where the Government sanctions the Preliminary Scheme or the Final Scheme, it shall state in the notification,-- (a) the place at which the scheme shall be kept open for inspection by the public, and (b) a date on which all the liabilities created by the scheme shall come into force: Provided that the Government may from time to time extend such date, by notification, by such period, not exceeding thirty days at a time, as it thinks fit. (3) On and after the date fixed in such notification, the Final Scheme shall have effect as if it were enacted in the Act.

(1) If at any time before the Preliminary Scheme is forwarded by the Planning Officer to the Government, a representation is made to the Planning Officer by the Authority and if the owners of the majority of the land extent in the Scheme area represent that the Scheme should be withdrawn, the Planning Officer shall, after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the Government. (2) The Government after making such inquiry as it may deem fit, may, if it is of opinion that it is necessary or expedient so to do, by notification, direct that the scheme shall be withdrawn and upon such withdrawal no further proceedings shall be taken in regard to such scheme.

On the day on which the Preliminary Scheme comes into force,— (1) all lands required by the Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Authority free from all encumbrances; (2) all rights in the original plots which have been re-constituted into reconstituted plots / land shall be determined and the final plots / land shall become subject to the rights settled by the Planning Officer.

On and after the date on which a Preliminary Scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the Preliminary Scheme shall, in accordance with the prescribed procedure, be summarily evicted by the Authority.

(1) On and after the date on which the Preliminary Scheme comes into force, the Authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme,-- (a) remove, pull down, or alter any building or other work in the area included in the scheme which is such as contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with; (b) execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the Authority that delay in the execution of the work would prejudice the efficient operation of the scheme. (2) Any expenses incurred by the Authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the Authority under the provisions of the Act. (3) If any question arises as to whether any building or work contravenes a Town Planning Scheme or whether any provision of a Town Planning Scheme is not complied with in the erection or carrying out of any such building or work, it shall be referred to the Government and the decision of the Government shall be final and binding on all persons. (4) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from all action taken by the Authority under the provisions of this section except in respect of the building or work begun before the date referred to in sub-section (1) and only in so far as such building or work has proceeded until that date: Provided that any claim to compensation, which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the Authority. (5) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or a State Government.

(1) If after the Preliminary Scheme or the Final Scheme has come into force, the Authority considers that the scheme is defective on account of an error, irregularity or informality, the Authority may apply in writing to the Government for the variation of the scheme. (2) If on receiving such application or otherwise, the Government is satisfied that the variation required is not substantial, the Government shall publish a draft of such variation in the prescribed manner so that any person affected thereby may communicate in writing his objections to such variation to the Government through the Authority within thirty days of the date of publication of the draft variation. (3) The draft variation published under sub-section (2) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the sub-sections (1) to (8) of section 18, the draft variation shall also contain such other particulars as may be prescribed. (4) The draft variation shall be open to the inspection of the public at such offices as published under sub-section (2). (5) After receiving the objections, the Government may, after consulting the Authority and after making such inquiry as it may think fit, by notification- (a) appoint a Planning Officer and thereupon the provisions of this Chapter shall so far as may be, apply to such draft variation as if it were a draft scheme sanctioned by the Government or (b) make the variation with or without modification or (c) refuse to make the variation. (6) From the date of the notification making the variation, with or without modification, such variation shall take effect as if it were incorporated in the scheme.

If at any time after the Final Town Planning Scheme comes into force, the Authority is of the opinion that the purpose for which any land is allotted in such scheme under any of the clauses (a) and (c) of sub-section (1) of section 27 requires to be changed to any other purpose specified in any of the said clauses, the Authority may make such change after following the procedure relating to amendment of regulations, specified in section 64 as if such change were an amendment of regulations.

Notwithstanding anything contained in section 61, a Town Planning Scheme at any time be varied by a subsequent scheme made, published and sanctioned in accordance with the provisions of the Act.

(1) If at any time after the Final Town Planning Scheme comes into force, the Authority is of the opinion that the regulations relating to a Town Planning Scheme require to be amended, it may publish the requisite draft amendment in the prescribed manner and invite suggestions or objections thereto from any person to submit within thirty days from the date of publication of the draft amendment; (2) if any suggestions or objections relating to such amendment are received, the Authority shall consider such suggestions or objections and may, at any time before submitting the draft amendment to the Government as hereinafter provided, modify such amendment as it thinks fit; (3) the Authority shall within a period of sixty days from the date of its publication, submit the draft amendment along with the suggestions or objections to the Government and shall at the same time apply for its sanction; (4) after receiving such application and after making such inquiry as it may think fit, the Government may sanction the amendment submitted with or without modifications as it deems necessary or refuse to sanction the amendment; (5) if the amendment is sanctioned by the Government, the Final Town Planning Scheme shall be deemed to have been varied in accordance with the amendment.

If at any time after the date on which the scheme has come into force, such scheme is varied, and any person who has incurred any expenditure for the purpose of complying with such scheme shall be entitled to be compensated by the Authority for the expenditure, if such expenditure is rendered abortive by reason of the variation of such scheme.

In the event of a Town Planning Scheme being withdrawn, the Government may direct that the costs of the scheme shall be borne by the Authority or be paid to the Authority by the owners concerned in such proportion as the Government may in each case determine.

Every party to any proceedings before the Planning Officer or before the Board of Appeal shall be entitled to appear either in person or by his recognized agent.

For the purpose of the Act, the authority under sub-section (1) of section 24 or the Planning Officer or the Board of Appeal shall have the same powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Act No.5 of 1908) in respect of the following matters, namely,- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witness or documents.

(1) In addition to the requirements as stated in section 21 of the Act, the costs of a Town Planning Scheme shall include the following, namely,- (a) all sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the Authority which is solely beneficial to the owners of land or residents within the area of the scheme; (b) such portion of the sums payable as compensation for land reserved or designated for any public purpose or for the purpose of the Authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public, as is attributable to the benefit accruing to the owners of land or residents within the area of the scheme from such reservation or designation; (c) any amount by which the total amount of the values of the original plots exceeds the total amount of the values of the plots included in the final scheme, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme, with all the buildings and works thereon at the said date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries. (d) twenty percent of the amount of the cost of infrastructure provided in the area adjacent to the area of the scheme as is necessary for the purpose of and incidental to the scheme. (2) If in any case the total amount of the values of the plots included in the final scheme exceeds the total amount of the values of the original plots, each of such plots being estimated in the manner provided in clause (c) of sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in sub-section (1).

For the purpose of the Act, the increments shall be deemed to be the amount by which at the date of the declaration of intention to make a scheme the market value of the plot included in the final scheme estimated on the assumption that the scheme has been completed would exceed at the same date the market value of the same plot estimated without reference to improvements contemplated in the scheme: Provided that in estimating such value, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.

(1) The costs of the scheme shall be met wholly or in part by a contribution to be levied by the Authority on each plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Planning Officer: Provided that— (a) where the cost of the scheme— (i) does not exceed half the increment, the cost shall be met wholly by a contribution, and (ii) exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the Authority; (b) where a plot is subject to a mortgage with possession or to a lease, the Planning Officer shall determine in what proportion the mortgagee or lessee on the one hand and the mortgagor or lessor on the other hand shall pay such contribution; (c) no such contribution shall be levied on a plot, uses, allotted or reserved for a public purpose or for the purpose of the Authority which is solely beneficial to the owners of land or residents within the area of the scheme; and (d) the contribution levied on a plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation. (2) The owner of each plot included in the final scheme shall be primarily liable for the payment of the contribution to be levied in respect of such plot.

The amount by which the total value of the plots included in the final scheme with all the buildings and works thereon allotted to a person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from, or, as the case may be, added to, the contribution to be levied from such person, each of such plots being estimated at its market value at the date of declaration of intention to make a scheme or the date of the notification issued by the Government under sub-section (5) of section 17and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.

Any right in an original plot which in the opinion of the Planning Officer is capable of being transferred wholly or in part, without prejudice to the making of a Town Planning Scheme, to a final plot shall be so transferred and any right in an original plot which in the opinion of the Planning Officer is not capable of being so transferred shall be extinguished: Provided that an agricultural lease shall not be transferred from an original plot to a final plot without the consent of all the parties to such lease.

The owner of any property or right which is injuriously affected by the making of a Town Planning Scheme shall, if he makes a claim before the Planning Officer within the prescribed time, be entitled to be compensated in respect thereof by the Authority or by any person benefited or partly by the Authority and partly by such person as the Planning Officer may in each case determine: Provided that the value of such property or rights shall be deemed to be its market value at the date of the declaration of intention to make a scheme or the date of the notification issued by the Government under sub-section (5) of section 17 without reference to improvements contemplated in the scheme, as the case may be.

(1) No compensation shall be payable in respect of any property or private right which is alleged to be injuriously affected by reason of any provision contained in the Town Planning Scheme, if under any other law for the time being in force applicable to the area for which such scheme is made no compensation is payable for such injurious affection. (2) Any property or private right shall not be deemed to be injuriously affected by reason of any provision inserted in a Town Planning Scheme which imposes any conditions and restrictions in regard to any of the matters related to the construction of buildings such as Development Control / Promotion Regulations, Zoning Regulations or Building Rules / bye-laws.

If the owner of an original plot is not provided with a plot in the preliminary scheme or if the contribution to be levied from him under section 71 is less than the total amount to be deducted there from under any of the provisions of the Act, the net amount of his loss shall be payable to him by the Authority in cash or in such other manner as may be agreed upon by the parties.

(1) If from any cause the total amount which would be due to the Authority under the provisions of the Act from the owner of a plot to be included in the final scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Planning Officer shall at the request of the Authority direct the owner of such plot to make payment to the Authority of the amount of such excess. (2) If such owner fails to make such payment within the prescribed period, the Planning Officer shall, if the Authority so requests, acquire the original plot of such defaulter and apportion the compensation among the owner and other persons interested in the plot on payment by the Authority of the value of such plot estimated at its market value at the date of the declaration of intention to make a scheme or the date of a notification under sub-section (5) of section 17 and without reference to improvements contemplated in the scheme; and thereupon the plot included in the final scheme shall vest absolutely in the Authority free from all encumbrances but subject to the provisions of the Act: Provided that the payment made by the Authority on account of the value of the original plot shall not be included in the costs of the scheme.

All payments due to be made to any person by the Authority under the Act shall, as far as possible, be made by adjustment in such account with the Authority in respect of the plot concerned or of any other plot in which he has an interest and failing such adjustment, shall be paid in cash or in such other manner as may be agreed upon by the parties.

(1) The net amount payable under the provisions of the Act by the owner of a plot included in the final scheme may at the option of the contributor be paid in lump-sum or in annual installments not exceeding ten. (2) If the owner elects to pay the amount by installments, interest at such rate as is arrived at by adding two percent to the bank rate published under section 50 of the Reserve Bank of India Act, 1934, (Act No.2 of 1934) from time to time, shall be charged per annum on the net amount payable. (3) If the owner of a plot fails to exercise the option on or before the date specified in a notice issued to him in that behalf by the Authority, he shall be deemed to have exercised the option of paying contribution in installments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to exercise the option. (4) Where two or more plots included in the final scheme are of the same ownership the net amount payable by such owner under the provisions of the Act shall be distributed over his several plots in proportion to the increments which is estimated to accrue in respect of each plot unless the owner and the Authority agree to a different method of distribution.

(1) The Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a Town Planning Scheme, subject to the power of the Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the Town Planning Scheme comes into force. (2) Such agreement shall not in any way affect the duties of the Planning Officer as specified under section 42 or the rights of third parties but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the Planning Officer: Provided that if the agreement is modified by the Government, either party shall have the option of avoiding it, if it so elects.

(1) Any sum due to the Authority under the Act or any regulation made there under shall be a first charge on the plot on which it is due, subject to the prior payment of land revenue, if any, due to the Government thereon. (2) Any sum due to the Authority under the Act or any regulation made there under which is not paid on demand on the day on which it becomes due or on the day fixed by the authority shall be recoverable by the Authority by distress and sale of the goods and chattel of the defaulter as if the amount thereof were a property tax due by the said defaulter. (3) In lieu of the recovery of the dues of the Authority in the manner provided in sub-section (2), any sum due or the balance of any sum due, as the case may be, by such defaulter may be recovered from him by a suit in any court of competent jurisdiction.