Chapter 3 CONTROL OF DEVELOPMENT AND USE OF LAND

Substitution of Section 49.- For Section 49 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:-

"49. Preparation and contents of a town Development scheme.-

1. (1) Subject to the provisions of this Act or any other law for the time being in force, the Town and Country Development Authority may make one or more town development schemes for the area as may be specified, and the directions issued by a general or specific order by the State Government, from time to time, if any.
2. (2) A town development scheme may be made in accordance with the provisions of this Act in respect of any land which is,-
   • (i) in the course of development;
   • (ii) likely to be used for residential or commercial or industrial or for building purposes; or
   • (iii) 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 development scheme, whether in the nature of a building work or not.
3. (3) A town Development scheme may make provision for any of the following matters, namely:-
   • (a) the laying out or relaying out of land, either vacant or already built upon;
   • (b) the filling up or reclamation of low laying, swampy or unhealthy areas, or leveling up of land;
   • (c) lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;
   • (d) the construction, alteration and removal of buildings, bridges and other structures;
   • (e) the allotment or earmarked of land for roads, open spaces, gardens, recreation grounds, schools, markets, green belts, dairies, transport facilities, public purposes of all kinds;
   • (f) drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal;
   • (g) lighting;
   • (h) water supply;
     • (i) the preservation of objects of historical or national interest or natural beauty, and of buildings actually used for religious purposes;
   • (j) the reservation of land to the extent of ten per cent; or such percentage as near thereto as possible of the net residential area covered under the scheme, for the purpose of providing housing accommodation to the members of Economically Weaker Section of the society and Lower Income Group. (k)
   • (a) the allotment of land from the total area covered under the scheme, to the extent of Fifty percent for the following purposes:-
     • (i) roads;
     • (ii) parks, playgrounds, gardens and open space;
     • (iii) social infrastructure such as school, dispensary, fire brigade public utility place, industrial development;
     • (iv) sale by Town and Country Development Authority for residential, commercial, industrial use or any other use, to raise the funds to provide infrastructure facilities under the scheme area depending upon the nature of development.
   • (b) the proceeds from the sale of land referred to in paragraph
     • (iv) of sub-clause
   • (a) of Clause (k), shall be used for the purpose of providing infrastructural facilities and its maintenance.
   • (l) reconstitution of plots for fulfilling the purposes as prescribed under this section;
   • (m) the town development Scheme may also provide the social facilities as per rules made under this Act;
   • (n) The proposals of the Town development Scheme shall be treated as "Public Purpose";
   • (o) to prepare development control regulations for town development scheme or schemes;
   • (p) the suspension, so far as may be necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend;
   • (q) exclude the areas of Village settlement, as identified under the Development Plan for the purpose of town development scheme;
   • (r) proposals to allocate transferable development right to any final plot owner in lieu of loss of area from the original plot with the consent of the owner; estimate of the total cost of the scheme and manner in which the cost to be recovered including the levy of betterment charges and / or development charges; and
   • (t) such other matters not inconsistent with the objects of this Act as may be prescribed."

Substitution of Section 50

In Section 25 of the Principal Act, in sub-section (1), in the first proviso, the words "Zila Yojana Samiti" shall be omitted and shall be deemed to have been omitted with effect from 1st day of November, 2000.

Insertion of new Sections 50-A, 50-B, 50-C, 50-D, and 50-E

After Section 50 of the Principal Act, the following shall be inserted and shall be deemed to have been inserted with effect from 1st day of November, 2000, namely:-

"50-A. Increasing or decreasing area of town development scheme.- If at any time before a draft scheme is submitted to the State Government for sanction, the Town and Country Development Authority is of the opinion that additional area to be included within the scheme or area to be excluded from the scheme, the Town and Country Development Authority may, after taking approval from the State Government and giving notice in the official gazette and also in one or more local newspapers, include such additional area in the scheme or exclude such area, and thereupon all the provisions of Section 49, 50, shall apply in relation to such additional area, as they apply to such area of the scheme, and draft scheme shall be prepared accordingly and submitted to the State Government for Sanction.

50-B. Effect of Scheme.- On the day on which the final scheme comes into force, -

1. (a) all lands required by the Town and Country Development Authority shall, unless otherwise determined in such scheme, vest absolutely in the authority free from all encumbrances;
2. (b) all the rights in the original plots, which have been reconstituted into final plots shall determine and the final plots shall become subject to the rights settled by the Committee so constituted;
3. (c) land use prescribed while allotting the final plot to the owner under the town development scheme shall be final and no permission for such diversion of land use under any other law for the time being in force, shall be necessary. 50-C. Power of authority to evict summarily.- On and after the date on which a final scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the final scheme shall, in accordance with the prescribed procedure, be summarily evicted by the Town and Country Development Authority. 50-D. Power to enforce scheme.-

1. (1) On and after the date on which the final scheme comes into force, the Town and Country Development 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 as such 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 is the duty of any person to execute under the scheme, in any case where it appears to the Town and Country Development Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.
2. (2) Any expenses incurred by the Town and Country Development 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 Town and Country Development Authority under the provisions of this Act.
3. (3) If any question arises as to whether any building or work contravenes a town development scheme or whether any provision of a town development scheme is not complied with in the erection or carrying out of any such building or work, it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.
4. (4) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Town and Country Development Authority under the provisions of this section except in respect of the building or work being before the date referred to in sub-section
5. (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 Town and Country Development Authority.
6. (5) The provisions of this section shall not apply to any construction undertaken by the Central Government or a State Government. 50-E. Certain decisions of the Committee shall be final.- Except in matters arising out of sub-clauses (vii), (viii), (ix), (x),
   • (xi) and
   • (xiii) of clause
7. (1) of sub-section
8. (7) of Section 50, every decision of the Committee so constituted, shall be final and binding on all persons."

"27. Substitution of Section 51.- For Section 51 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:-

"51. Appeal.-

1. (1) Any person aggrieved by the decision of the committee taken under sub-clause (vii), (viii), (ix), (x),
   • (xi) and
   • (xiii) of clause
2. (1) of sub-section
3. (7) of Section 50 may within thirty days from the date of the publication of the final scheme, file the Appeal before the Appellate Authority constituted by the State Government consisting of a person, who has been a district judge or a first class Magistrate, who may call for and examine the decision taken by the Committee and after examining the record, pass such order as he may thinks fit and thereby communicate the said decision to the State Government for its sanction and the State Government may, if it deems fit accept the said modification, and the modification so accepted, will be part of the sanctioned final scheme as if enacted in the Act: Provided that no order shall be passed unless the person affected thereby and the Town and Country Development Authority have been given a reasonable opportunity of being heard. Provided further that if no appeal has been presented under sub-section
4. (1) within the statutory period, then the decisions of the committee in respect of matter arising out under sub-clause (vii), (viii), (ix), (x),
   • (xi) and
   • (xiii) of clause
5. (1) of sub-section
6. (7) of Section 50 shall be final and binding on the parties.
7. (2) The State Government shall appoint such other persons, possessing such qualifications and experience, as may be prescribed, for assisting the Appellate Authority to decide the appeal under sub-section (1).
8. (3) Notwithstanding anything contained under sub-section (1), the pendency of Appeal, will not be a ground for not implementing the town development scheme.""

"28. Substitution of Section 52.- For Section 52 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:-

"52. Powers of the state government to give direction.-

1. (1) The State Government may, if considers it necessary in public interest so to do, or on the request of the Town and country Development Authority, as the case may be, direct the Town And Country Development Authority,-
   • (a) to frame a town development scheme;
   • (b) to modify a town development scheme during execution;
   • (c) to revoke a town development scheme, for reasons to be specified in such directions: Provided that no suo-motto direction to modify or revoke a town development scheme shall be given unless the Town and Country Development Authority is given an opportunity to present its case.
2. (2) The directions given by the State Government under this section shall be binding on the Town and Country Development Authority and all the land owners whose lands has been included within the scheme area.
3. (3) From the date of the notification under sub-clause
   • (b) of sub-section (1), such modification shall take effect as it were incorporated in the scheme, as if it were enacted in this Act.""

"29. Substitution of Section 54.- For Section 54 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:-

"54. Completion of scheme.- If the Town and Country Development Authority fails to complete its implementation within a period of five years from the date of notification of the final scheme under Section 50, it shall on expiration of the said period of five years, record its reasons for the same and forward it to the State Government and the State Government may take such actions against the Town And Country Development Authority as it deems fit:

Provided that, if a dispute between the authority and parties, if any aggrieved by such scheme, is brought before a Court or Tribunal of competent jurisdiction, for consideration, the period for which such dispute is pending before such Court or Tribunal shall not be reckoned for determination of the completion of the Scheme.""

"30. Substitution of Section 55.- For Section 55 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:-

"55. Development plan/ town development scheme, public purpose.- Land needed for the purposes of town development scheme or development plan shall be deemed to be a land needed for a public purpose within the meaning of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No.30 of 2013).""

("Omission of Section 56") 31.

Insertion of new section ("Insertion of new section 56-A") 32. After Section 56 of the Principal Act, the following shall be inserted and shall be deemed to have been inserted with effect from 1st day of November, 2000, namely:- "56-A. No fees for Registration, stamp duty on instrument of agreement, plans or maps in connection with town Development scheme.-

1. (1) Notwithstanding anything contained in the Registration Act, 1908 (No.16 of 1908) or any other law for the time being in force, no instrument executed between any owner of the land and the Town and Country Development Authority for giving effect to an agreement under this Act shall be chargeable with any fee under that Act.
2. (2) Notwithstanding anything contained in the Indian Stamp Act, 1899 (No.2 of 1899), no instrument executed between any owner of the land and the Town and Country Development Authority for giving effect to an agreement under this Act shall be chargeable with any duty under that Act."

1. (1) This Act may be called the Chhattisgarh Nagar Tatha Gram Nivesh (Amendment and Validation) Act, 2017.
2. (2) Save as otherwise provided in this Act, Section 2 to 45 shall come into force on such date as the State Government may, by notification in the Official Gazette, appoints.