Substitution of Section 23-A

For Section 23-A of the Principal Act, the following shall be substituted and shall be deemed to have been substituted with effect from 1st day of November, 2000, namely:- "23-A. Modification of Development Plan by the State Government in Certain Circumstances.- (1) (a) Notwithstanding anything contained in this Act, the State Government may, on its own motion, or on the request of Town and Country Development Authority, make modifications in the development plan, for any proposed project of the Government of India or the State Government and its enterprises or for a proposed project related to development of the State or for implementing a town development scheme of a Town and Country Development Authority, and the modifications so made in development plan shall be an integral part of the sanctioned Development Plan; (b) The State Government, in accordance with the rules made in this behalf, may on an application from any person or an association of persons for modification of development plan, for the purpose of undertaking an activity or scheme which is considered by the State Government or the Director, on the advise of the Committee constituted by the State Government for this purpose to be beneficial to the society, make such modification in the development plan as may be deemed necessary in the circumstances of the case and the modification so made in the development plan shall be an integral part of the sanctioned development plan. The application for modification of development plan shall be in such form and accompanied by such fee and documents, as may be prescribed; (c) If the proposed modification application as stated in clause (a) or (b) of sub-section (1), is below 5% of the total area covered under the development plan, then such modification, if sanctioned by state government, shall also, be deemed to have been approved under the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995) and in the case when the proposed modification application is more than 5%, then the same shall be sent for its approval to the committee constituted under the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995). (2) The State Government shall publish a notice of preparation of the draft modified plan and the place or places where such draft modified plan may be inspected, for one day in two daily newspapers, which are in the approved list of Government for advertisement purpose having circulation in the area to which it relates and a copy thereof shall be affixed in a conspicuous place in the office of the Collector, inviting objections and suggestions in writing from any person with respect thereto within fifteen days from the date of publication of such notice and after considering all the objections and suggestions as may be received within the period specified in the notice and giving reasonable opportunity to all persons affected thereby of being heard, the State Government may modify the plan as it deems fit, and thereby confirm the modified development plan: Provided that the State Government may: (i) impose such conditions as it considers appropriate while modifying the plan; (ii) prescribe the minimum size of land for each category of land use which may be considered for change; (iii) While modifying the plan, levy a charge to the applicant under clause (b) of sub-section (1) of section 23-A, not exceeding 10% of the market value of the land involved. The scale of levy for various categories of cases and the manner in which the market value may be determined shall be such as may be prescribed; (iv) prescribe the category of the cases which may be exempted from clause (ii) and/or (iii). (3) The provisions of Sections 18 and 19 shall not apply in case of modification made by the State Government. (4) Notwithstanding anything contained in this section, the permissible limits of floor area ratio shall not be modified in case of an application made under clause (b) of sub-section (1)."