Chapter V PREPARATION, CONTENTS AND APPROVAL OF DEVELOPMENT PLAN

Preparation of the Development Plan.-(1) As soon as may be, after the declaration of a Planning Area, the Planning Authority shall, but not later than two years after such declaration or within such time as the Government may from time to time determine, prepare and submit to the Government through Board a plan (hereinafter called “Development Plan”) for the Planning Area or any of its parts with a time frame of twenty years or such extended period as may be specified by the Government. Provided further that for a Metropolitan Area, the Development Plan shall be submitted to the Government in consultation with the Board by the Metropolitan Planning Committee, which may append its comments and suggestions with the Plan provided that while appending its comments and suggestions, the Metropolitan Planning Committee shall have regard to

1. (a) plans prepared by the Municipalities, District Planning Committee and the Panchayats in the Metropolitan area
2. (b) matters of common interests between Municipalities and the Panchayats including coordinated spatial planning of the area sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation
3. (c) the overall objectives and priorities set by Government of India and the Government of the state
4. (d) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the state and other available resources whether financial or otherwise.

1. (2) The Development Plan shall :
   • (a) indicate the manner in which the Planning Authority proposes that land in such area should be used and define and provide for all the matters that have to be or may be indicated;
   • (b) allocate areas or zones of land for use;
     • (i) for residential, commercial, industrial and agricultural purposes;
     • (ii) for public and semi-public open spaces, parks and playgrounds; and
     • (iii) for such other purposes as the Planning Authority may think fit;
   • (c) indicate, define and provide for–
     • (i) existing and proposed national highways, arterial roads, ring roads, and major streets; and
     • (ii) existing and proposed other lines of communication, including railways, airports and canals;
     • (iii) areas reserved for agriculture, public and semi-public, open spaces, parks, playgrounds gardens and other recreational uses, green belts, heritage area precincts and natural reserve;
     • (iv) comprehensive land allocation of areas or zones for residential, industrial, agricultural and other purposes;
     • (v) complete road and street pattern and traffic circulation pattern for present and future requirements;
     • (vi) major road and street improvements;
     • (vii) areas reserved for public buildings and institutions and for new civic development;
     • (viii) areas for future development and expansion, and areas for new housing;
     • (ix) amenities, services and utilities; and
     • (x) all such matters as may be prescribed by the rules or may be directed by the Government or the Board to be indicated, defined, and provided for;
   • (d) include Zonal Development Plan with Zoning Regulations to regulate within each zone, the location, density of population, FAR, height, number of storyes and size and number of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures, land and any other matter as required;
   • (e) indicate the stages by which the plan proposals are proposed to be carried out, together with financial implication of each stage.
2. (3) The Development Plan may -
   • (a) indicate, define and provide for –
     • (i) all such matters including planning standards, gross and net densities and guiding principles as the Planning Authority may consider expedient to be indicated, defined and provided for in the Development Plan ;
     • (ii) the existing and proposed public and semi-public buildings;
     • (iii) detailed development of specific areas for housing, shopping centers, industrial areas and civic centers, educational and cultural institutions ;
     • (iv) detailed redevelopment or renewal of specific areas for housing, shopping centers, industrial areas, civic centers, educational and cultural institutions and other related purposes.
     • (v) control of architectural features, elevation and frontage of buildings and structures; and
     • (vi) a five year development programme within the framework of the staging referred to in sub-section (2) (e).
   • (b) designate land as subject to acquisition for any public purpose, and in particular, but without prejudice to the generality or this provision for the purposes of –
     • (i) the Union of India, the State, and the Local authorities or any other authority established by law and public utility concerns;
     • (ii) any of the matters as are referred to in Sub-Section (2).
     • (iii) dealing satisfactorily with the Areas of Bad Layout or Obsolete Development and slum areas and provision for relocation of population;
     • (iv) the provision for open spaces, parks, and playgrounds;
     • (v) securing the use of the land in the manner specified in the Development Plan;
3. (4) in the case of a Metropolitan Area, the Development Plan may indicate define and provide, in addition to all matters as defined above, for all or any of the following matters, namely –
   • (a) Metropolitan road and rail system, including terminals for road, rail, air, and water, traffic and a rapid transit system;
   • (b) Metropolitan systems for water supply, drainage and sewerage and waste disposal;
   • (c) Metropolitan system of electric power generation and distribution;
   • (d) Metropolitan systems of parks, playgrounds and other recreational facilities;
   • (e) Metropolitan system of gas generation and supply;
   • (f) Such other amenities and facilities as may be required by the metropolitan area; and
   • (g) Any other matter as may be prescribed.
4. (5) subject to the provisions of the rules made under this Act for regulating the form and contents of the Development Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals in the Development Plan.

Contents of Development Plan.-(1) The Planning Authority shall consider and incorporate, while preparing the Development Plan, such information and details including land use, Zoning Regulation, development control regulations, whether the Planning Area is a Natural Hazard Prone Area, within a time frame of twenty years or such extended period as may be specified by the Government:

1. (a) prepare a topographical map for the Planning Area and also earmark lands fit for agriculture (wet and dry), and allied sectors like animal husbandry, dairy, poultry, horticulture, floriculture, forestry (including social forestry), urban agriculture and wasteland fit for various kinds of development;
2. (b) identify and map the facilities at the level of village, block, city and district.
3. (c) identification and demarcation of zones and sub zones, within the holistic framework of the Development Plan.
4. (d) collect, compile and update the information on natural and human resources and the demographic profile, for preparing the database at block, city and district level for decentralized planning.
5. (e) modify, amend and consolidate the objectives and strategies made for five years or annual draft Development Plans of rural and urban areas, considering the overall objectives of development
6. (f) prepare the plan for entire Planning Area and consolidate the schemes and plans prepared by the Zila Parishad, various village Panchayats, Panchayat Samitis, Nagar Panchayat, Municipal Council and Municipal Corporations of that Planning Area.

1. (2) In particular and without prejudice to the generality of the foregoing provisions the Development Plan shall have all or some of the following contents:-
   • (a) Status report and proposals for infrastructure development;
   • (b) Status reports and proposals for public utilities;
   • (c) Status reports and proposals on water for irrigation;
   • (d) Status reports and proposals for creation, upgradation and development of amenities and utilities;
   • (e) policy, programmes and schemes for location and establishment of new towns, satellite townships, and integrated housing projects, proposals for housing for EWS and LIG groups, proposals for real estate and building projects;
   • (f) formulation of schemes, policies and programmes for:-
     • (i) creation / upgradation of education and health facilities;
     • (ii) growth of the informal sector;
     • (iii) tourist centers, amusement parks, recreation facilities, parks and playground;
     • (iv) development of religious areas requiring facilities for pilgrims;
     • (v) location for industrial parks, commercial complexes, malls and multiplexes;
     • (vi) creation and or up gradation of existing small scale, large scale industrial parks , IT Parks, logistic hubs for employment generation;
     • (vii) promotion of trade, commerce and industry;
     • (viii) growth centers and, markets for agriculture, dairy, fisheries, and horticulture;
     • (ix) development of special areas if any such as tribal areas, or economically backward areas;
     • (x) mapping of vulnerable areas which are disaster prone and a plan for pre-disaster, disaster mitigation and post-disaster requirements for speedy recovery to normal life;
     • (xi) optimal land utilization and preservation of agriculture;
     • (xii) human resource development;
     • (xiii) development in productive sectors;
   • (g) to identify the local needs and objectives within the framework of the national and state objectives.
   • (h) any other matter or content directed by the Government or prescribed by the Rules;

Development Plan prepared prior to the application of this Act to be deemed Development Plan.- If a Local Authority or Town and Country Planning Organization has already prepared a Development Plan for a Planning Area before the application of this Act to that area, the Planning Authority constituted for that area may adopt the Development Plan already prepared, with or without modifications, and the same shall be deemed to be a Development Plan for the purposes of this Act

Power of Government to prepare Development Plan.-

1. (1) Where by virtue of the foregoing provisions of this Act, a Development Plan is to be prepared,
   • (a) if within the period prescribed or within such period which the Government has extended, no Development Plan has been prepared by the Planning Authority, or
   • (b) if at any time the Government requires to prepare such a Development Plan on an urgent basis, the Government may direct Town and Country Planning Organization for preparation of Development Plan. The Town and Country Planning Organization shall, for this purpose, follow the procedure and exercise the powers of Planning Authority under this Act.
2. (2) Any expenses incurred under this Section in connection with the preparation of the Development Plan for the Planning Area of Planning Authority, shall be paid by the Planning Authority.

Modification of Development Plan by the Board.- As soon as may be, after the Development Plan has been submitted to the Board but not later than the time prescribed by Rules, the Board shall direct the Planning Authority to make such modifications in the Development Plan as the Board thinks fit and thereupon the Planning Authority shall make these modifications.

Public Notice of the Development Plan.-

1. (1) After the modifications, if any, directed by the Board have been made, the Planning Authority shall publish a public notice in the Official Gazette and in such manner as may be prescribed, of the preparation of the Development Plan and the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the Development Plan within a period of two months.
2. (2) After the expiry of the period mentioned in Sub-Section (1) above, the Planning Authority shall appoint a Committee in the manner prescribed to consider the objections filed under Sub-Section (1) and report on them within such time as the Planning Authority may fix in this behalf.
3. (3) The Committee so appointed shall have power to co-opt any other person with the consent of the concerned authority and such co-opted person shall have a right to take part in the discussions of the Committee relevant to that purpose but shall not have a right to vote at the meeting and shall not be a member for any other purpose.
4. (4) The Committee so appointed shall afford a reasonable opportunity of being heard, to any person, including representatives of Government Departments, or Local Authorities who have filled any objections, and who have made a request for being so heard.
5. (5) After the receipt of the report from the Committee, but not later than the time prescribed by the Rules, the Planning Authority shall consider the report of the Committee and may make such modifications in the Development Plan as it considers proper, and shall submit the Development Plan with or without modifications together with the report of the Committee to the Government.

Approval by the Government.- After the receipt of the Development Plan, together with the report of the Committee, but not later than the time prescribed by the Rules, the Government may either approve the Development Plan, with or without modifications, or may return the Development Plan to the Planning Authority to modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf.

Publication of the Development Plan.-

1. (a) Immediately after the Development Plan has been approved by the Government, the Planning Authority shall publish a public notice in the Official Gazette and in a local newspaper, of the approval of the Development Plan and the place or places where copies of the Development Plan may be inspected.
2. (b) The Development Plan shall come into operation from the date of publication of the aforesaid notice in the Official Gazette.

Development Plan for Additional Area.-If any time after a Planning Authority has declared a Development Plan or after a Development Plan prepared by a Planning Authority has been approved, the jurisdiction of the Planning Authority is extended by inclusion of an additional area, the Planning Authority in accordance with the provisions of this Act for the preparation of a Development Plan, shall prepare and publish a Development Plan for such additional area either separately or jointly with Development Plan prepared for the area originally under its jurisdiction, and submit it to the Government for approval after following the same procedure as is followed for submission of a Development Plan, Provided that, where a Development Plan for the additional area requires modifications in the Development Plan of the original area, the Planning Authority shall revise the Development Plan after following the procedure laid down herein for modification of the Development Plan.