Chapter IX ACQUISITION AND DISPOSAL OF LAND

Power to Acquire land under the Land Acquisition Act.-

1. (1) Any land required, reserved or designated in any Development Plan and Area development Scheme shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894, or any other Land Acquisition Act in force from time to time, and may be acquired by the Government under the said Act as modified in the manner provided in this Act on request by the respective Planning Authority or any Local Authority.
2. (2) Where any land has been acquired by the Government, after taking possession of the land, the Government may transfer the land to the Planning Authority or any Local Authority for the purpose for which the land has been acquired on payment by the Planning Authority or the Local Authority of the compensation awarded under that Act and of the fee.
3. (3) On receipt of an application made under Sub-section (1), if the Government is satisfied that the land specified in the application is needed for the public purpose specified therein, the Government may make a declaration to that effect in the Gazette, in the manner provided in section6 of the Land Acquisition Act, 1894 in respect of the said land.
4. (4) On the publication of such declaration, the collector of the district within whose jurisdiction the land is situate, shall proceed to take order for the acquisition of such land under the said Act; and the provisions of that Act shall, so far as may be, apply to the acquisition of the said land.

Transfer of Government Land to the Respective Planning Authority.-The Government may by order and on such terms and conditions as may be agreed upon between the Government and a Planning Authority, place at the disposal of the Planning Authority any developed and undeveloped government lands situated within the jurisdiction of the Planning Authority for the purpose of development in accordance with the provisions of this Act.

Purchase of Land by way of Negotiated Settlement.-Where after the publication of a Development Plan, any land is required, reserved or designated in such plan, the Planning Authority may enter into agreement with any person for acquisition from him by purchase by paying such amount as may be arrived through negotiated settlement; Provided the amount shall not exceed the minimum reserve value of land by more than the limit as decided by the Board and approved by the Government

Acquisition of Land by Way of Transferable Development Right.-

1. (1) Any area within a Planning Area may be acquired by the Planning Authority for public purposes with the consent of the owner, by way of according Transferable Development Right in lieu of compensation payable by the authority in such manner as may be prescribed: Explanation: - For the purpose of this section public purpose means:-
   • (a) widening of an existing road or formation of a new road;
   • (b) creation of civic amenities and infrastructure
   • (c) providing for parks, playgrounds, open spaces, green areas and any other civic amenities;
   • (d) maintaining or improving heritage building or precincts notified by the State Government
   • (e) conservation of heritage sites
   • (f) implementation of development control regulations
2. (2) The Transferable Development Right so permitted may be utilized either by himself or by transfer to any other person, as may be prescribed. The area remaining after surrender shall have such permissible built up area as may be prescribed by the Rules or Regulations or bye-laws.
3. (3) The procedure for award of Transferable Development Right shall be as prescribed in the Rules.

Acquisition of Land and Built Up Space by way of Accommodation Reservation.-A Planning Authority or the Local Authority may, with the consent of the owner and in the manner prescribed, acquire land and built up space for public purposes indicated in the Development Plan by according the owner, a built up space equivalent to area of the land and the built up space required for the amenity or facility, in lieu of the cost of land and the built up space acquired for the infrastructure, public amenity, public utility and services transferred to the respective Planning Authority or Local Authority, as prescribed under Rules or Regulations made under this Act.

Disposal of Land and Other Property by the Respective Planning Authority.- The disposal of any land acquired by the Government and transferred to the respective Planning Authority with or without development thereon, or any other immovable property belonging to the Planning Authority shall be done in accordance with Rules or Regulations made for the purpose.

Creation and Management of Development Land Bank.-The respective Planning Authority shall create and maintain a land bank, in which all lands acquired, allotted, purchased and obtained, shall be monitored and maintained and position reviewed periodically.