Chapter 2 DEVELOPMENT PLANS AND DISTRICT PLANS

In the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) (hereinafter referred to as the Principal Act), for the Preamble, the following sha1l be substituted and sha1l be deemed to have been_ substituted with effect from 1st day of November, 2000, namely:- "An Act to make provision for planning, development and use of iand in Regions established for that purpose; to make provisions of regional p1an, to make better provisions for the preparation of Development Plarr and District P1an, in context of privileged local self-governance, with a view to ensure that town development schemes are made in a proper manner ald their execution is made effective; to constitute Town and Country Development Authority for proper implementation of town development schemes and matters connected thereto; to make provisions for Reconstitution of plots etc,. to ma-ke provisions for $ving building permissions through Transfer of Development Rights, Premium PAR, to provide for the development, administration and management of special areas through Special Area Development Authority for purposes connected with the matters aforesaid, to make provisions for the acquisition of land required for public purposes in respect of the plal and purposes connected to the matters aforesaid and for matters connected therewith and incidenta,l thereto."

Amendment of Section 2.- In Section 2 of the Principal Act, for clause (g), the following shall be substituted and shall be deemed to have been substituted with effect from 1st day of November, 2000, namely:-

1. (g) "development plan", means a plan for the development or redevelopment or improvement of a planning area or part of planning area;

Amendment of Section 3.- In Section 3 of the Principal Act, after sub-section (3), the following shall be inserted, namely:-

1. (4) The Director may, with prior approval of the State Government delegate any of its powers and functions to any Authority.

Amendment of Section 14

In Section 14 of the Principal Act, with effect from 1st day of November, 2000,- for marginal heading "Director to prepare development plans", the marginal heading "Preparation of Development Plan" shall be deemed to have been substituted; and

for clauses

1. (a) and
2. (b) respectively, the following shall be deemed to have been substituted, namely:- "(a) prepare an existing land use map for planning area;
3. (b) prepare a development plan for the whole or any part of the planning area in conformity with the plan prepared under the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995): Provided that, in the case where the proposals so incorporated in the development plan are contrary to the plan prepared under the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995), the same shall be incorporated in the Development Plan after recording the reasons thereof and the State Government shall after taking into consideration the reasons recorded, may either approve or reject such proposal incorporated in the Development Plan;"

Amendment of Section 16

In Section 16 of the Principal Act, after sub-section (1), the following shall be added, namely:- "(2) The permission under sub-section

1. (1) may be granted in such cases and subject to such conditions as may be prescribed.
2. (3) An Application under sub-section
3. (1) shall be made in writing to the Director in such form accompanied by such fees and documents as may be prescribed.
4. (4) The provisions of Section 30 for the grant or refusal of permission to an application under Section 29 shall apply mutatis mutandis to an application for permission under sub-section (1).
5. (5) The Provision of appeal, revision and lapse of permission under Sections 30-A, 31, 32 and 33 respectively, which are applicable to an order granting or refusing permission under Section 30, shall apply mutatis mutandis to an order made under sub-section (1)."

"7. Substitution of Section 17.- For Section 17 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:-

'17. Contents of development plan.-

1. (1) A draft development plan shall generally indicate the use of land and regulations in the area covered by it and the manner in which the development of land therein shall be carried out.
2. (2) In particular, it shall provide, so far as may be necessary, for all or any of the following matters, namely:-
   • (a) indicate broadly the land use proposed in the planning area;
   • (b) allocate broadly areas of land, keeping in view regulations for natural hazard prone areas for:-
     • (i) designation of land use for residential, mixed use, commercial, industrial, educational, agricultural, recreational or such other purposes;
     • (ii) open spaces, parks and gardens, green belts, zoological gardens, playgrounds, natural reserves; water bodies, water course and sanctuaries;
     • (iii) such special purposes as the Director may deem fit;
   • (c) lay down the pattern of National and State Highways connecting the planning area with the rest of the region, ring roads, arterial roads and the major roads within planning area;
   • (d) provide for the location of air-ports, railway stations, bus terminus and indicate the proposed extension and development of railways and canals;
   • (e) make proposals for general landscaping and preservation of natural areas;
   • (f) Project the requirement of the planning area of such amenities and utilities as water, drainage, electricity and suggest their fulfillment;
   • (g) Propose broad based regulations for planning units, by way of guidelines, within such planning units sector of the location, height, size of buildings and structures, open spaces, court yards and the use to which such buildings, structures and land may be put;
   • (h) lay down the broad based traffic circulation patterns in a city;
     • (i) suggest architectural control features elevation and frontages of buildings and structures;
   • (j) indicate measures for flood control, prevention of air and water pollution, disposal of garbage and general environmental control;
   • (k) indicate the land liable to acquisition for public purpose for the purposes of the Union Government, any State, Local Authority or any other Authority or body established by or under any law for the time being in force;
   • (l) proposals for transfer of development rights, identification of planning units where it will be consumed and its manner of utilization;
   • (m) such other proposals for public or other purposes as may from time to time be approved by the State Government in this behalf.'"

"8. Amendment of Section 18.- In Section 18 of the Principal Act, in sub-section (3), for the figure and word '30 days', the figure and word '90 days' shall be substituted."

Omission of Section 20, 21, and 22. - Sections 20, 21 and 22 of the Principal Act shall be omitted and shall be deemed to have been omitted with effect from 1st day of November, 2000.

Amendment of Section 23. - Sub-section

1. (4) of Section 23 of the Principal Act shall be omitted and shall be deemed to have been omitted with effect from 1st day of November, 2000.

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)

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;
2. (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;
3. (c) If the proposed modification application as stated in clause
4. (a) or
5. (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).

1. (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
2. (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. (3) The provisions of Sections 18 and 19 shall not apply in case of modification made by the State Government.
4. (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).'

Amendment of Section 25. — 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.

Amendment of Section 28.- Section 28 of the Principal Act shall be renumbered as sub-section

1. (1) thereof and after sub-section
2. (1) as so renumbered, the following shall be inserted and shall be deemed to have been inserted with effect from 1st day of November, 2000, namely:- "(2) Notwithstanding anything contained in sub-section (1), whenever a town development scheme as per the provisions of this Act is prepared by any Authority authorized under this Act and approved by the State Government, then the plan of the said scheme shall be treated as deemed approved plan under this section and no separate approval shall be required for the development under this Act."

Amendment of Section 29.- In Section 29 of the Principal Act, after sub-section (2), the following shall be inserted, namely:- "(3) If a person intends to surrender his land or part thereof to the Government or any of its Department/Authority for implementation of any scheme prepared under this Act or otherwise, he may be allowed to use the FAR as specified in regulations, on submission of a written application to the Director in the manner prescribed in the regulations, and he will not be entitled for any compensation of such land surrender.

1. (4) If a person intends to develop the built area over and above the normal FAR provided at the place of construction, he may be allowed to do so in part or whole of the premium FAR fixed for the planning unit at the premium rates decided, from time to time, by the State Government, on submission of a written application to the Director in the manner as may be prescribed in the regulation."

In Section 30 of the Principal Act, in sub-section (1),-

1. (a) in clause (c), for the punctuation full stop ".", the punctuation colon ":" shall be substituted; and
2. (b) below clause (c), the following shall be inserted, namely:- " Provided that in case of an application under sub-section

1. (3) of Section 29, the Director shall not pass any order under clause
   • (a) or
   • (b) hereinabove unless he has heard such persons as may have interest in the proposed modification and considered encumbrance, if any created in the land or building. The interest and encumbrances that may be considered, procedure for such consideration, manner in which encumbrances, if any, may be remedied and the form of order shall be such as may be prescribed."

In Section 30-A of the Principal Act, in sub-section (1), for the words "within the permitted time period" the words "if any within five years" shall be substituted.

"3O-B. Merger or division of a plot.-

1. (1) The State Government or an officer so authorized by it may, subject to the provisions of this Act and such conditions as may be prescribed, allow merger or division of the plot, as per the regulations made under this Act or as per the provision of sanctioned Town Development Scheme: Provided that,-
   • (a) plots for economically weaker sections and low income groups shall not be merged;
   • (b) except in the case of town development scheme, the number of dwelling units permissible in the plot formed after merger shall not exceed the sum of the dwelling units permissible in the plots that were merged.
2. (2) An application under sub-section
3. (1) of Section 30 shall contain such details, documents and fee as may be prescribed."

"Amendment of Section 32. 18. In Section 32 of the Principal Act, for the words "twelve months", the words "thirty-six months" shall be substituted."

In Section 33 of the Principal Act, for the words "thirty-one year", the words "three years" shall be substituted.

After Section 33 of the Principal Act, the following shall be inserted, namely:-

"33-A. Power of revocation and modification of permission to development.-

1. (1) On the request of Director or on its own, if it appears to the State Government, that it is necessary or expedient, having regard to the development plan that may have been prepared or may be under preparation or having regard to any modification made in the final development plan, that any permission granted under Section 30 should be revoked or modified, the director, after giving the person concerned, an opportunity of being heard, by order, revoke or modify the permission to such extent as appears to it to be necessary: Provided that where the permission relates to the carrying out of any building or other operation, in or over any land, no such order shall affect such of the operations as may have already been carried out in pursuance of the permission; and no such order shall be passed after such operations have substantially progressed or have been completed.
2. (2) Where any permission is revoked or modified by an order made under sub-section
3. (1) and any owner claims within the time and in the manner as may be prescribed, compensation for the expenditure incurred in carrying out any development in accordance with such permission which has been rendered abortive by the revocation or modification, the Director shall, after giving the owner a reasonable opportunity of being heard, assess and offer such compensation to the owner as it may thinks fit.
4. (3) If the owner does not accept the compensation and give notice within such time as may be prescribed of his refusal to accept the compensation, the Director shall refer the matter, in the Court of District Judge or a first class magistrate of the concerned planning Area and the decision of such Judge shall be final and binding on the owner and Director."

Amendment of Section 35.- In Section 35 of the Principal Act, in sub-section (1), the words "or Zoning Plan" , wherever they occur, shall be omitted and shall be deemed to have been omitted with effect from 1st day of November, 2000.

Amendment of Section 38.- In Section 38 of the Principal Act, with effect from 1st day of November, 2000,-

1. (a) for sub-section (1), the following shall be deemed to have been substituted, namely:- "(1) The State Government may, by notification, establish a Town and County Development Authority by such name and for such area as may be specified in the notification and the said authority shall be deemed to be Local Authority under this Act."
2. (b) after sub-section (1), the following shall be deemed to have been inserted, namely:- "(1-A) The State Government may, instead of constituting a Town and Country Development Authority under sub-section (1), designate any local authority as stated in sub-clause (i), (ii), and
   • (iii) of clause
3. (k) of Section 2 already functioning in such area, as may be specified in the notification and perform the functions assigned to the Town and Country Development Authority under this Act. (1-B) The local authority designated under sub-section (1-A) as the Town and Country Development Authority, shall perform the functions assigned to the Town and Country Development Authority under this Act and for performing the said functions, shall set up a planning committee consisting of the following members, namely:-
   • (i) six elected members of the local authority designated under sub-section (1-A), out of whom one shall be designated as chairman;
   • (ii) one person having specialized knowledge in the field of planning;
   • (iii) one official of the State Government to be nominated by the State Government, ex-officio;
   • (iv) chief officer or, as the case may be, secretary of the local authority designated under sub-section (1-A);
   • (v) chairman of the committee constituted under the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995): Provided that in case the local authority designated under sub-section (1-A) does not set up the planning committee within the period of three months from the date on which it is required to set up such committee, then, the State Government shall appoint such committee. (1-C) The Planning Committee set up under sub-section (1-B) shall have all the powers, responsibilities and status as are given to a standing committee, or as the case may be executive committee, if any, appointed under the Act under which the local authority is constituted."
4. (c) for sub-section (2), the following shall be deemed to have been substituted, namely:- "(2) The duty to prepare one or more town development scheme and execute the said scheme, and development of land for the purpose of expansion or improvement of the area specified in the notification under sub-section

1. (1) shall subject to provisions of this Act vest in the Town and Country Development Authority establish for the said area."

Amendment of Section 40.- Section 40 of the Principal Act shall be renumbered as sub-section

1. (1) thereof and after sub-section
2. (1) as so renumbered, the following shall be inserted and shall be deemed to have been inserted with effect from 1st day of November, 2000, namely:-
3. (2) The Town and Country Development Authority so constituted under sub-section
4. (1) shall, for the purposes of Town Development Scheme under this Act, set up a Town planning Committee consisting of the members as stated in sub-section
5. (1) alongwith the following members, namely:-
   • (i) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly within the area specified;
   • (ii) the ward parshad or sarpanch or both, as the case may be, of the area specified for Town Development Scheme;
   • (iii) Chairman of the committee constituted under the Chhattisgarh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995).
6. (3) The Town Planning Committee set up under sub-section
7. (2) shall function in accordance with the provisions of this Act.