The Chhattisgarh Nagar Tatha Gram Nivesh (Amendment and Validation) Act, 2017

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

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.

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.

58-A. Cost of Scheme.-

1. (1) The town development scheme shall include,-
   • (i) A brief summary of all the costs including the cost of development cost of compensation, Legal expenses if any, establishment cost etc;
   • (ii) A brief summary of the revenue generation from the scheme, Loan component repayment and grants, if any;
   • (iii) all sums payable by the Town and Country Development authority under the provisions of this Act, which are not specifically excluded from the costs of the scheme;
   • (iv) all sums spent or estimated to be spent by the Town and Country Development Authority in the making and execution of the scheme;
   • (v) all sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the Town and Country Development Authority which is solely beneficial to the owners of land or residents within the area of the scheme;
   • (vi) such portion of the sums payable as compensation for land reserved or designated for any public purpose or for the purpose of the Town and Country Development Authority, which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public, as is attributable to the benefit accruing to the owners of land or residents within the area of the scheme from such reservation or designation;
   • (vii) all legal expenses incurred by the Town and Country Development Authority in the making and in the execution of the scheme;
   • (viii) any amount by which the total amount of the values of the original plots exceeds the total amount of the values of the plots included in the final scheme, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme, with all the buildings and works thereon at the said date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries;
   • (ix) Amount towards cost of infrastructure as may be prescribed for the area adjacent to the area of the scheme as is necessary for the purpose of and incidental to the scheme.
2. (2) If in any case the total amount of the values of the plots included in the final scheme exceeds the total amount of the values of the original plots, each of such plots being estimated in the manner provided in clause
   • (viii) of sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in sub-section (1).