The Dadra and Nagar Haveli Land Reforms Regulation, 1971

(1) This Act may be called the Dadra and Nagar Haveli and Daman and Diu Town and Country Planning Act, 1974. (2) It extends to the whole of the Union territory. (3) It shall come into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas of the Union territory.

In this Act, unless the context otherwise requires,— (1) "agriculture" includes (i) horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees; (ii) any kind of cultivation of soil; (iii) breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; (iv) the use of land which is ancillary to the farming of land or any other agricultural purposes; but does not include the use of any land attached to a building for the purposes of garden to be used along with such building; and the expression "agricultural" shall be construed accordingly; (2) "amenities" include the utilities such as roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences; (3) "area of bad lay-out or obsolete development" means the area which is defined by a Development Plan as an area of bad lay-out or obsolete development and includes other lands contiguous or adjacent thereto; (4) [***] (5) "building operations" includes— (a) Erection or re-erection of a building or any part of it; (b) roofing or re-roofing of a building or any part of a building or any part or an open space; (c) any material alteration or enlargement of a building; (d) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its security; and (e) the construction of a door opening on any street or land not belonging to the owner of a building; (6) "Chief Town Planner" means the Chief Town Planner appointed under section 3; (7) "commerce" means the carrying on of any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of:— (i) with a view to making profit, hospitals or nursing homes exceeding twenty-five beds; and (ii) hotels, restaurants and boarding houses not attached to educational institutions; and the expression "commercial" shall be construed accordingly; (8) "commercial use" includes the use of any land or building or part thereof for purposes of commerce or for storage of goods, or as an office, whether attached to any industry or otherwise; (9) "court" means a court under the Code of Civil Procedure, 1908 (Central Act V of 1908); (10) "development" with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining, quarrying or other operations in, on, over or under, land, the cutting of a bill or any portion thereof or the making of any material change in any building or land, or in the use of any building or land, and includes sub-division of any land; (11) "Development Plan" means an Outline Development Plan or a Comprehensive Development Plan prepared under this Act; (12) "engineering operations" includes the formation or the laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage or of electricity cables or lines or of telephone lines; (13) "Government" means the Government of Dadra and Nagar Haveli and Daman and Diu, and includes the Administrator of the Union territory appointed by the President under article 239 of the Constitution; (14) "industrial use" includes the use of any land or building or part thereof for purposes of any industry; (15) "industry" includes the carrying on of any manufacturing process as defined in the Factories Act, 1948 (Central Act 63 of 1948) and the expression "industrial" shall be construed accordingly; (16) "land" includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth; (17) "land use" means the major use to which a plot of land is being used on any specified date; (18) "local authority" means a municipal council or a village panchayat; (19) "local newspaper" in relation to any planning area, means any newspaper published or circulated within that area; (20) "notification" means a notification published in the Official Gazette; (21) "occupier" includes— (a) a tenant; (b) an owner in occupation of, or otherwise using his land or building or part thereof; (c) a rent-free occupant of any land or building or part thereof; (d) a licensee in occupation of any land or building or part thereof; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thereof; (22) "owner" in relation to any property, includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another person, or for any religious or charitable purpose, the rents or profits of such property; (23) "Planning and Development Authority" means any Planning and Development Authority constituted under this Act; (24) "planning area" means any area declared to be a planning area under this Act; (25) "plot" means a continuous portion of land held in one ownership; (26) "prescribed" means prescribed by rules made under this Act; (26A) "prescribed authority" means the authority notified by the Government as the prescribed authority for purposes of this Act; (27) "public place" means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any fees or not; (28) "reconstituted plot" means a plot which is altered either in ownership or in any other manner by a town planning scheme; (29) "re-location of population" means in relation to an area of bad lay-out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other activities in the said area who have to be so accommodated so that the said area may be properly planned; (30) "residence" includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and out-houses if any, appertaining to such building; and the expression "residential" shall be construed accordingly; (31) "Union territory" means the Union territory of Dadra and Nagar Haveli and Daman and Diu; (32) words and expressions used in this Act and not defined herein but defined in the Dadra and Nagar Haveli and Daman and Diu Municipal Council Regulation, 2004 shall have the same meanings as are respectively assigned to the min that Act.

(1) The Government shall, by notification, appoint a person as the Chief Town Planner for the purposes of this Act. (2) The role of Chief Town Planner shall be to assist the Planning and Development Authorities and its establishments. In addition to such functions as may be prescribed by or under this Act, the Chief Town Planner

(1) Subject to the provisions of this Act and the rules made thereunder, the functions of the Prescribed Authority shall be to guide, direct and assist the Planning and Development Authorities, to advise the Government in matters relating to the planning and use of rural and urban land in the Union territory, and to perform such other functions as the Government may, from time to time, assign to the Prescribed Authority. (2) In particular, and without prejudice to the generality of the foregoing provisions, the Prescribed Authority may, and shall if required by the Government so to do— (a) Direct the preparation of development plans by the Planning and Development Authorities; (b) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology; (c) co-ordinate and advise on the planning and implementation of physical development programmes within the Union territory; (d) prepare and furnish reports relating to the working of this Act; and (e) perform such other functions as are incidental, supplemental or consequential to any of the functions aforesaid or which may be prescribed. (3) The Prescribed Authority may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act.

(1) The Government may, by notification, declare any area to be a planning area for the purposes of this Act, and on such declaration, this Act shall apply to such area: Provided that no cantonment area or part thereof shall be included in a planning area. (2) Every notification issued under sub-section (1) shall define the limits of the area to which the notification relates. (3) The Government may, after consultation with the Prescribed Authority, amalgamate two or more planning areas into one planning area or sub-divide a planning area into different planning areas and may include any such sub-divided area or areas in any other planning area. (4) The Government may, by notification, direct that all or any of the rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred and in force in any planning area at the time of amalgamation, sub-division or inclusion under sub-section (3) shall apply to the planning area or areas as so amalgamated or sub-divided or included, with such exceptions, adaptation or modifications as may be specified in the notification, and thereupon such rules, regulations, bye-laws, orders, directions and powers shall apply to such planning area or areas without further publication. (5) Where planning areas are amalgamated or sub-divided, or such sub-divided areas are included in any other planning area, the Government shall, after consulting the Prescribed Authority, the Planning and Development Authority or Authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authorities or Authority which shall vest in the Planning and Development Authority or Authorities concerned and the manner in which the properties and liabilities of the Planning and Development Authority or Authorities shall be apportioned amongst them and on the scheme being notified in the Official Gazette, the fund, property and liabilities shall vest and be apportioned accordingly.

(1) The Government may, if it is of opinion that it is necessary so to do in the public interest by notification, withdraw from the operation of this Act the whole or part of any planning area. (2) When a notification is issued under sub-section (1) in respect of any planning area or part thereof— (i) this Act and all rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred under this Act, shall cease to apply to the said area or part and the Planning and Development Authority, if any constituted, under this Act shall cease to have jurisdiction in respect of the said area or part, as the case may be; but where any Planning and Development Authority has been constituted exclusively for such area or part, such Authority shall, on the date of the notification stand dissolved; (ii) the Government shall, after consulting the Prescribed Authority, the Planning and Development Authority and the local authority or authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authority concerned which shall vest in the Government and in the local authority or authorities concerned, and the manner in which the properties and liabilities of the Planning and Development Authority shall be apportioned between the Government and such local authority or authorities, and on the scheme being notified in the Official Gazette, the fund, property and liabilities of the Planning and Development Authority shall vest and be apportioned accordingly.

(1) As soon as may be, after the declaration of the planning area, the Government, in consultation with the Prescribed Authority may, by notification, constitute in respect of that area an authority to be called the "Planning and Development Authority" of that area for the purpose of performing the functions assigned to Planning and Development Authorities under this Act. (2) Every Planning and Development Authority constituted under sub-section (1) shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable, and to contract, and by the said name sue and be sued. (3) Every Planning and Development Authority constituted under sub-section (1) shall consist of the following members, namely:— (i) a Chairman to be appointed by the Government; (ii) a Town Planning Officer to be appointed by the Government who shall be the Member Secretary of the Planning and Development Authority; (iii) representatives of local authorities, to be composed as follows:— (a) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among its members and the Chief Executive Officer of that local authority; (b) in the case of a planning area in which two or more local authorities have jurisdiction, representatives of such local authorities as the Government may consider necessary to be represented, provided that the total number of such representatives does not exceed five; (iv) such number of other members, not exceeding three, appointed by the Government, who, in the opinion of the Government, have special knowledge of, or practical experience in, matters relating to town and country planning, architecture, engineering, transport, industry, commerce and agriculture.

(1) The term of office and the conditions of service of the Chairman and members of a Planning and Development Authority (other than the Town Planning Officer) shall be such as may be prescribed. (2) The Chairman or any member of a Planning and Development Authority (other than the Town Planning Officer) may resign his office by giving notice in writing to the Government and on such resignation being accepted, he shall cease to be such Chairman or member. (3) Any vacancy in the membership of a Planning and Development Authority shall be filled by fresh appointment by the Government or by nomination by the local authority concerned, as the case may be, provided that the member appointed or nominated shall hold office only for so long as the member in whose place he is appointed or nominated would have held office if the vacancy had not occurred.

Subject to the provisions of this Act and the rules framed thereunder and subject to any directions which the Government may give, the functions of every Planning and Development Authority shall be— (a) to prepare an Existing Land Use Map; (b) to prepare an Outline Development Plan; (c) to prepare a Comprehensive Development Plan; (d) to prepare and prescribe uses of land within its area; (e) to prepare schemes of development and undertake their implementation, (f) to carry out surveys in the planning area for the preparation of Outline Development Plan, Comprehensive Development Plan or Town Planning Schemes; (g) to control the development activities in accordance with the development plan in the planning area; (h) to enter into contracts, agreements or arrangements with any person or organization as the planning development authority may deem necessary for performing its functions; (i) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary; (j) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities; (k) to prepare various schemes of infrastructure development and undertake their implementation; (l) to exercise such other powers and perform such other functions as are supplemental, incidental or consequential to any of the foregoing powers and functions or as may be directed by the Government; and for these purposes, it may carry out or cause to be carried out, surveys of the planning area and prepare report or reports of such surveys, and to perform such other functions as may be prescribed.

(1) Every Planning and Development Authority shall meet at such times and at such places, and shall subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. (2) The Chairman, or in his absence, the Vice-Chairman, if any, or in the absence of the Chairman and Vice-Chairman, any member chosen by the members present from amongst themselves, shall preside at a meeting of the Planning and Development Authority. (3) All questions at a meeting of the Planning and Development Authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote. (4) Minutes of the proceedings at each meeting, including the names of the members present, shall be kept in a book to be kept for this purpose and such minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours.

(1) A Planning and Development Authority may associate with itself in such manner and for such purposes as may be prescribed, any person whose assistance or advice it may consider necessary in performing any of its functions under this Act. (2) Any person associated with it by a Planning and Development Authority under sub-section (1) for any purpose shall have a right to take part in the meetings of the Planning and Development Authority relevant to that purpose but shall not have a right to vote.

(1) Subject to such control and restrictions as may be prescribed, a Planning and Development Authority may appoint such number of officers and staff as may be necessary for the efficient performance of its functions and may determine their designation and grades. (2) The officers and staff of a Planning and Development Authority shall be entitled to receive such salaries and allowances as may be fixed by it and shall be governed by such terms and conditions of service as may be prescribed.

Every Planning and Development Authority shall, as soon as may be, and not later than six months from the date of its constitution or appointment, as the case may be, or within such further period as the Government may from time to time extend, prepare a land use map (hereinafter in this Chapter referred to as the map) and a land use register (hereinafter in this Chapter referred to as the register) in the prescribed form indicating the present use of every piece of land in the planning area: Provided that where a local authority has been appointed as Planning and Development Authority for any planning area and such local authority has prepared a map or a register, or both, in respect of the said area before such appointment, the map or the register so prepared shall be deemed to be a map or register, respectively for the purposes of this section.

(1) After the preparation of the map and register under section 26, the Planning and Development Authority shall publish a public notice stating that such map and register has been prepared, and indicating therein the place or places where copies of the map or register, or both may be inspected, and inviting objections in writing from any person with respect to the map and the register. (2) Objections, if any, with reference to any map or register shall be communicated to the Planning and Development Authority within thirty days of the publication of the notice referred to in sub-section(1). (3) After the expiry of the period mentioned in sub-section (2), the Town Planning Officer of the Planning and Development Authority or a Committee appointed by it for the purpose shall, after giving a reasonable opportunity of being heard to all the persons who have sent in their objections, make a report to the Planning and Development Authority. (4) The Planning and Development Authority shall consider the report made under sub-section (3) and may make such modifications in the map or register or both as it considers proper and adopt the map and the register by means of a resolution. (5) As soon as may be, after the adoption of the map and the register under sub-section(4), the Planning and Development Authority shall publish notice of the adoption of the map and the register and of the place or places where copies of the same may be inspected and shall submit copies of the map and the register to the Prescribed Authority and the Government. (6) A copy of the public notice referred to in sub-section (5) shall also be published in the Official Gazette and such publication shall be conclusive evidence that the map and register have been duly prepared and adopted.

(1) Where a map and a register are to be prepared under this Act, then— (a) if within the period specified in section 26 or within such further period as the Government may specify, no map or register has been prepared, or (b) if at any time the Government is satisfied that the Planning and Development Authority is not taking steps necessary to prepare such a map or register within that period or if the Government is of the opinion that such a map or register is needed to be prepared by the Chief Town Planner, the Government may direct the Chief Town Planner to prepare a map and register. (2) The Chief Town Planner shall, after the preparation of the map and register, submit the same to the Prescribed Authority, and the Prescribed Authority shall, for the purpose of adopting the map and register so prepared, follow the procedure and exercise the powers of a Planning and Development Authority specified in section 27. (3) Any expenses incurred under this section in connection with the preparation and publication of a map and register in respect of a planning area shall be met by the concerned Planning and Development Authority.

Every Planning and Development Authority shall, as soon as may be, and not later than one year from the date of its constitution or appointment, as the case may be, prepare, after consultation with the concerned local authority or authorities, if any, an Outline Development Plan for the planning area within its jurisdiction and submit it to the Government, through the Prescribed Authority, for provisional approval: Provided that on an application made by the Planning and Development Authority, the Government may, by order extend the aforesaid period by such further period or periods as it thinks fit.

(1) An Outline Development Plan shall: — (a) indicate broadly the manner in which the land in the planning area is proposed to be used; (b) allocate areas or zones of land for use— (i) for residential, commercial, industrial and agricultural purposes; (ii) for public and semi-public open spaces, parks and playgrounds; and (iii) for such other purposes as the Planning and Development Authority may think fit; (c) indicate, define and provide— (i) for existing and proposed national highways, arterial roads, ring roads and major streets; and (ii) for existing and proposed lines of communications, including railways, tram-ways, airports and canals; (d) regulate within such zone, the location, the height, number of storey, and size of buildings and other structures, the size of yards, courts, and other open spaces, and the use of buildings, structures and lands. (2) An Outline Development Plan may also indicate, define and provide— (a) the existing and proposed public and semi-public buildings; and (b) all or any of the purposes and matters as may be indicated, defined and provided for in the Comprehensive Development Plan under section 32. (3) Subject to such rules as may be prescribed regulating the form and contents of an Outline Development Plan any such plan shall include such maps and such descriptive matter as may be necessary to explain and illustrate the proposals contained in that Plan. (4) After the coming into operation of Outline Development Plan and defining the Zone thereof, the conversion shall be in conformity with the contents of an Outline Development Plan and in accordance with such procedure as may be prescribed.

Every Planning and Development Authority shall, as soon as may be, and not later than three years from the date of its constitution or appointment, as the case may be, prepare after consultation with the local authority or authorities, if any, concerned, a Comprehensive Development Plan for the planning area within its jurisdiction and submit it to the Government for provisional approval: Provided that on an application made by the Planning and Development Authority, the Government may by order extend the aforesaid period by such further period or periods as it thinks fit.

(1) A Comprehensive Development Plans hall— (a) indicate, define and provide for all the matters that have to be, or may be, indicated, defined and provided for in the Outline Development Plan with such modifications as the Planning and Development Authority deems fit; (b) indicate, define and provide for— (i) areas to be reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, and other recreational uses, green belts and natural reserves; (ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, agricultural and other purposes; (iii) complete road and street pattern and traffic circulation pattern for present and future requirements; (iv) major road and street improvements; (v) areas reserved for public buildings and institutions and for new civic development; (vi) areas for future development and expansion, and areas for new housing; (vii) amenities, services and utilities; (viii) such other matters as may be prescribed or as may be directed by the Government to be indicated, defined, and provided for; (c) include zoning regulations to regulate within each zone, the location, height, number of storeys and size of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures and land; (d) indicate the stages by which the proposals are intended to be carried out, together with the financial implications of each stage.

(1) At any time after the date on which the outline development plan for an area comes into operation, the Planning Authority may, with the previous approval of the Government, allow such changes in the land use or development from the outline development plan as may be necessitated by typographical cartographical or other errors and omissions, or due to failure to fully indicate the details in the plan or changes arising out of the implementation of the proposals in outline development plan or the circumstances prevailing at any time, by the enforcement of the plan: provided that;- (a) All changes are in public interest; (b) The changes proposed do not contravene any of the provisions of this Act or any other law governing planning, development or use of land within the local planning area; (c) The proposal for all such changes is published one or more daily newspapers, having circulation in the area, inviting objections from the public within a period of not less than fifteen days from the date of publication as may be specified by the Planning Authority; (d) The provisions of section 37 shall apply mutatis mutandis to the change in land use or development from the outline development plan; and (e) Notwithstanding anything contrary contained in the Act, if the change in land use or development is from commercial or industrial to residential or from industrial to commercial and the stipulated fees paid and the local planning authority is informed prior to effecting the change, the permission for such change of land use or development shall be deemed to have been given.

(1) Within one month of the coming into operation of any Development Plan, any person aggrieved by any provisions contained therein may make an application to the District Court questioning the validity of the Development Plan, or any of its provisions on the following grounds

(1) At any time after the date on which a Development Plan for an area comes into operation, and at least once in every ten years after that date, the Planning and Development Authority shall, after carrying out such fresh surveys, as may be considered necessary or directed by the Government, prepare after consultation with the local authorities concerned, if any, and submit to the Government, a Development Plan for any alterations or additions considered necessary to the Development Plan in operation. (2) The provisions of sections 34 to 38 (both inclusive) shall, as far as may be, apply to a Development Plan submitted under sub-section (1). (3) At any time after the date on which the Development Plan for an area comes into operation, the Planning and Development Authority may, with the prior approval of the Government, make such minor changes in such Development Plan as may be necessary for correcting any typographical or cartographical errors and omissions or details of proposals not fully indicated in the Plan or changes arising out of the implementation of the proposals in the Development Plan: Provided that all such changes are in the public interest and are notified to the public.

If the Government is satisfied that a grave emergency exists which necessitates the suspension of any Development Plan or part thereof, it may, by notification, suspend such Development Plan or part, for such period as it thinks fit.

Any land required, reserved or designated in a Development Plan shall be deemed to be 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, and may be acquired in accordance with the provision of that Act.

(1) The Planning and Development Authority, municipal council or a village panchayat may, with approval of the Government and the consent of the owner, acquire his land for public purpose and the Government may accord him a transferable development right, in lieu of the payment of compensation towards such acquisition, by issuing a Development Right Certificate in such form and in such manner as may be prescribed. (2) The transferable development right could be utilized as additional built-up space in such manner as may be prescribed by the owner who may use it himself or transfer it to any other person in full or in part, to use in areas earmarked for the purpose in Regional Plan or Development Plan.

(1) A Planning and Development Authority, municipal council or a village Panchayat may, with the consent of the owner, get transferred his land and amenity in its favour for Public purpose as specified in the Development Plan, by way of accommodation reservation, in such manner as may be prescribed. (2) The owner of such land shall develop such amenity and hand it over to the said authority free of cost and thereafter he shall himself utilize the developmental right equivalent to full permissible Floor Area Ratio.

A Planning and Development Authority, municipal council or a village Panchayat may with approval of the Government and the consent of the owner, withdraw or severe the development right or potential in respect of land identified for conservation or preservation in the Development Plan and the Government may allot the development right, thus removed, or severed to other area which is more suitable for development by way of transferable development right for posterity in such manner as may be prescribed.

On and from the date on which a public notice of the preparation of a Development Plan is published under sub-section (1) of section 35, every land use, every change in land use and every development in the area covered by the Development Plan shall conform to the provisions of this Act and the Development Plan as finally approved by Government under section 36: Provided that the Planning and Development Authority may allow the continuance, for a period not exceeding ten years, of the use, upon such terms and conditions as may be prescribed by regulations made in this behalf, of any land to the extent to which it was used on the date on which such public notice is published.

Notwithstanding anything contained in this Act, or Outline Development Plan, or a Comprehensive Development Plan or a Land Use Plan prepared under this Act, or in any of the provisions of Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 (2 of 1971) or the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) or any other law for the time being in force, an Applicant who desires to set up any Eco Tourism activity permitted in the Eco Sensitive Zone Notification, in Eco Sensitive Zones declared under the Environment Protection Act, 1986 (29 of 1986) and the Rules framed there under by the Ministry of Environment and Forest, Government of India, shall not be required to obtain any conversion of land, or any change of zoning or change of land use or any change of land either under this other maps or plans finalised there under, or Regulations or Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 (2 of 1971) or the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1961): Provided that such project or Eco Tourism Activity can be set up to an extent of 5% of the total area and that the minimum area required is not less than Rs. 20,000 sq. metres: Provided further that persons desirous of setting up of any such Eco Tourism Activities shall be required to obtain prior approval of the Union territory Level Eco Sensitive Zone Monitoring Committee or such other Authority, as may be designated from time to time as well as the construction licence in terms of the Dadra and Nagar Haveli and Daman and Diu Panchayat Regulation, 2012 (5 of 2012), but shall not require any Land Use, or Conversion Sanad or change of Zoning or Area Conversion under the local laws.

(1) Any applicant may appeal to the Prescribed Authority, (a) where he is aggrieved by an order passed under section 44 within two months of the communication of that order to him, (b) where no order is passed, after the expiry of a period of three months from the date of submission of the application. (2) An appeal under sub-section (1) shall be preferred in such manner and accompanied with such fees, not exceeding Rs. 10,000, as may be prescribed. (3) The Prescribed Authority may, after giving a reasonable opportunity of being heard to the appellant and the concerned Planning and Development Authority, pass an order— (a) Granting permission unconditionally; or (b) Granting permission subject to such conditions as it may think fit; or (c) removing the conditions subject to which permission has been granted and imposing such other conditions, if any, as it may think fit; or (d) refusing permission: Provided that the Prescribed Authority shall dispose of every appeal within three months of the date of preferring the same and if not so disposed it shall be deemed that the prayer of the appellant is granted.

Every permission granted under this Act shall remain in force for a period of three years from the date of such permission: Provided that the Planning and Development Authority may, on application made in this behalf before the expiry of the said period, extend such period, by such period or periods as it may think proper; so, however, that the total period extended shall in no case exceed three years: Provided further that the lapse of any such permission shall not bar any subsequent application for fresh permission under this Act.

(1) If at any time after permission has been granted under section 44, 45, 46 and 47 the Authority granting such permission is satisfied that such permission was granted in consequence of any material misrepresentation made or any fraudulent statement or information furnished, the Prescribed Authority may, after giving an opportunity of being heard to the person in whose favor the permission had been granted, cancel such permission for reasons to be recorded in writing and any development carried out without proper permission shall be treated as unauthorized development in terms of the provisions of sections 51 and 52 and proceeded with accordingly. (2) The decision of the Competent Authority in this respect shall be final and no appeal shall lie against such decision.

(1) Any person who, either by himself or at the instance of any other person, commences, undertakes or carries out development of, or changes the use of any land— a. In contravention of any Development Plan; or b. without obtaining a certificate regarding development charge under section 43;or c. without the permission as required under this Act; or d. in contravention of any condition subject to which such permission has been granted; or e. after the permission for development has been revoked under section 50; or f. in contravention of the permission which has been modified under section 50, shall be punishable with fine which may extend to Rs. 2,00,000 rupees and in the case of a continuing contravention with a further fine which may extend to Rs. 20,000 rupees for every day during which such contravention is continued after conviction for the first such contravention. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development Plan without having been allowed under section 42, or where the continuance of such use has been allowed under that section, continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable with fine which may extend to Rs. 50,000 rupees, and in the case of a continuing contravention with a further fine which may extend to Rs. 5,000 for everyday during which such contravention is continued after conviction for the first such contravention. (3) An offence under this section shall be cognizable.

(1) Where any development or change of use of land has been carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, the Planning and Development Authority may, serve on the owner a notice requiring him, within such period, being not less than one month from the date of service of such notice as may be specified therein, to take any of the following steps as may be specified in the notice: a. in the cases specified in clause (a) or clause (c) or clause (e)of the said sub-section to restore the land to its condition before the said development took place; b. in the cases specified in clause (d) or clause (f) of the said sub-section to secure compliance with the conditions subject to which the permission was granted or with the permission so modified; c. in the cases specified in clause (b), to pay the development charge and such penalty, if any, as may be prescribed, and in particular, such notice may, for any of the purposes aforesaid require— (i) the demolition or alteration of any building or work; (ii) the carrying out on land, of any building or other operations; or (iii) the discontinuance of any use of land: Provided that in case the notice required the discontinuance of the use of any land, the Planning and Development Authority shall serve a notice on the occupier also. (2) Any person aggrieved by a notice served under sub-section (1) may within such period and in such manner as may be prescribed— (a) apply for permission under section 44 for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or (b) appeal to the Prescribed Authority. (3) Where an application for permission has been made under clause (a), or an appeal has been preferred under clause (b), of sub-section (2), the notice served under sub-section(1) shall have no effect until the final determination or withdrawal of the application or the appeal, as the case may be. (4) Where permission is granted on an application referred to in clause (a) of sub-section (2), the notice issued under sub-section (1) shall not have effect and where such permission is granted for the retention only of some building or work or for the continuance of use of only a part of the land, such notice shall not have effect regarding such building or work or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land. (5) Where an appeal has been preferred under clause (b) of sub-section (2), the Prescribed Authority shall, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, allow or dismiss the appeal either by quashing or varying the notice as it may think fit. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of an application for permission or an appeal under sub-section (2), as may be prescribed, the notice or so much of it as continues to have effect or the notice with variations in such appeal is not complied with, the Planning and Development Authority may— (a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, also any other person who uses the land or causes or permits the land to be used in contravention of the notice; and (b) in the case of a notice requiring the demolition or alteration of any building or work or other operations, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission modified by taking such steps as the Planning and Development Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations and may recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue. (7) Any person prosecuted under clause (a) of sub-section (6) shall be punishable with fine which may extend to Rs. 1,00,000, and in the case of a continuing contravention with a further fine which may extend to Rs. 1,000 rupees for every day during which such contravention continued after conviction for the first such contravention. (8) An offence under this section shall be cognizable.

(1) Where any development or change of use of land is being carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, but has not been completed, the Planning and Development Authority may serve on the owner and the person carrying out the development or change a notice requiring such development or change of use of land to be discontinued from the date of service of such notice. (2) Where a notice has been served under sub-section (1) the person aggrieved by such notice may appeal to the Prescribed Authority and the provisions of sub-sections (5) and (6) of section 52 shall apply with such modifications as may be necessary. (3) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, even after a notice has been served under sub-section (1) shall be punishable with fine which may extend to Rs. 1,00,000 rupees and when the non-compliance is a continuing one, with a further fine which may extend to Rs. 1,000 rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues. (4) If a notice under sub-section (1) is not complied with forthwith, the Planning and Development Authority or such officer of the Authority as may be authorised by it in this behalf may require any police officer to remove such person and all assistants and work men from the land and such police officer shall comply with such requisition. (5) Where action had been taken by a police officer under sub-section (4), the Planning and Development Authority or the officer referred to in that sub-section shall take necessary steps to ensure that such development is not continued. (6) Any expenses incurred by the Planning and Development Authority under sub-section (4) and sub-section (5) shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of land revenue. (7) An offence under this section shall be cognizable.

(1) If it appears to a Planning and Development Authority that it is expedient in the interests of the proper planning of its area (including the interests of amenities) or having regard to the Development Plan prepared, or to be prepared and on any other material consideration — a. that any use of land should be discontinued; or b. that any conditions should be imposed on the continuance of use of any land; or c. that any building or work should be altered or removed; it may, by notice served on the owner— i. require the discontinuance of that use; or ii. impose such conditions, as may be specified in the notice, on the continuance of the use of the land; or iii. require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or work, as the case may be, within such period, being not less than one month from the date of service of such notice, as may be specified therein. (2) Any person aggrieved by such notice may appeal to the Prescribed Authority within such period and in such manner as may be prescribed. (3) If an appeal is filed under sub-section (2), the provisions of sub-sections (5) and (6) of section 52 shall apply, with such modifications as may be necessary. (4) If any person— (a) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or (b) who has carried out any works in compliance with the notice, claims from the Planning and Development Authority, within such time and in such manner as may be prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (3) and (4) of section 50 shall apply with such modifications as may be necessary. (5) (a) If any person interested in the land in respect of which a notice is issued claims that by reason of compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal if any, filed under sub-section (2) and in the manner prescribed serve on the Government an acquisition notice requiring his interest in the land to be acquired. (b) When a notice is served under clause (a), the provisions of sub-sections (2) to (6) of section 47 shall apply with such modifications as may be necessary.

Where a Planning and Development Authority, in the exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of a Development Plan before such Development Plan has become operative, the Planning and Development Authority shall have regard to the provisions which in its opinion will be required to be included in such plan for securing the proper planning of the concerned area.

(1) within its jurisdiction or any part thereof, and shall submit such schemes in draft to the Government along with a plan showing the area proposed to be included.

(2) A town planning scheme may make provision for all or any of the following matters, namely:— (a) the laying out or re-laying out of land either vacant or already built upon; (b) the filling up, or reclamation of low-lying swamp or unhealthy areas or leveling up of land; (c) the laying out of new streets or roads, construction, diversion, extension, alteration, improvement and closing of streets, roads and communications; (d) the construction, alteration and removal of buildings, bridges and other structures; (e) the allotment or reservation of land for roads, open spaces, gardens, recreational grounds, schools, markets, green belts and dairies, transport facilities and 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 and development thereof; (j) the reservation of land to the extent of ten percent or such percentage as near there to as possible of the total area covered under the scheme, for the purpose of providing housing accommodation to the members of socially and economically backward classes of people; (k) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of buildings allowed in specified areas, the purposes to which buildings in specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking spaces and loading and unloading space for any building and the size of projections and advertisement signs; and (l) such other matters not inconsistent with the objects of this Act as may be prescribed.

(1) A town planning 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 building purposes, and (iii) already built upon.

(2) For the purposes of this 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 planning scheme, whether in the nature of a building work or not.

(1) As soon as may be, after a draft scheme has been submitted to the Government under section 56, but not later than the time prescribed, the Government may, either give its consent to the publication of the draft scheme or direct the Planning and Development Authority to make such modifications in the draft scheme as it thinks fit and thereupon the Planning and Development Authority shall make those modifications.

(2) The Government shall, if any modifications have been directed by it, give its consent to the publication of the draft scheme by the Planning and Development Authority, after such modifications have been made.

(1) As soon as may be, after the consent of the Government to the publication of the draft scheme was given under section 58, the Planning and Development Authority shall publish by notification and also in one or more local newspapers the draft scheme indicating therein the place or places where copies of the same may be inspected, and inviting objections in writing from any parson with respect to the draft scheme within such period as may be specified: Provided that no such period shall be less than two months from the date on which the draft scheme is published in the Official Gazette: Provided further that no such publication under this sub-section in respect of the draft scheme shall be required where land covered by the draft scheme had already been acquired and the execution of the scheme does not affect the interests of any person.

(2) The publication of a notification under sub-section (1) shall, notwithstanding anything contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, be deemed to be a notification duly made under section [11] of the said Act.

A draft town planning scheme shall contain the following particulars, namely:— a. the area, ownership and tenure of each original plot, the land allotted or reserved under clause (e) of sub-section (2) of section 56 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses; b. the extent to which it is proposed to alter the boundaries of original plots; c. an estimate of the net cost of the scheme to be borne by the Planning and Development Authority; d. a full description of all the details of the scheme under such clauses of sub-section (2) of section 56 as may be applicable; e. the laying out or re-laying out of the land either vacant or already built upon; f. the filling up or reclamation of low-lying swamp or unhealthy areas, or leveling up of land; and g. any other prescribed particulars.

(1) In a draft scheme, the size and shape of every reconstituted plot shall be determined, as far as may be, to render it suitable for building purposes and where the plot is already built upon, to ensure that the building as far as possible complies with the provisions of the scheme as regards open spaces.

(2) For the purposes of sub-section (1), a draft scheme may contain proposals— a. to form a reconstituted plot by the alteration of the boundaries of an original plot; b. to form a reconstituted plot by the transfer, wholly or partly, of adjoining lands; c. to provide with the consent of the owners that two or more original plots each of which is held in ownership in severalty or in joint ownership, shall with, or without alteration of boundaries, be held in ownership in common as a final plot; d. to transfer the ownership of a plot from one person to another; and e. to allot a plot to any owner dispossessed of the land in furtherance of the scheme.

If at any time before a draft scheme is submitted to the Government under section 68, the Planning and Development Authority is of the opinion either on its own motion or on any representation made to it, that an additional area should be included within the said scheme, the Planning and Development Authority may, after informing the Government and giving notice in the Official Gazette and also in one or more local newspapers, include such additional area in the scheme, and thereupon all the provisions of this Act shall apply in relation to such additional area as they apply to any area originally included in the scheme; and the draft scheme shall be prepared for the original area and such additional area.

(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, the Government may, after making such inquiry as it deems necessary, by notification, require any Planning and Development Authority to make and publish in the prescribed manner and submit for its sanction, a draft scheme in respect of any land in regard to which a town planning scheme may be made under section 57.

(2) If the Planning and Development Authority fails to make a scheme within three months from the date of direction under sub-section (1), the Government may, by notification, appoint an officer to make and submit a draft scheme to the Government, and thereupon the provisions of this Act shall, so far as may be, apply to the making of such scheme.

(1) When a Planning and Development Authority has published a draft scheme under section 59 or the Government has published a notification under sub-section (1) of section 63, the Government may, by order suspend to such extent as may be necessary for the proper carrying out of the scheme, any rule, bye-law, regulation, notification or order made or issued which Government is competent to amend.

(2) Any order issued under sub-section (1) shall cease to operate on the Government refusing to sanction the scheme under section 68 or on the date of coming into force of the final scheme, as the case may be.

(1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which the Planning and Development Authority has published a draft scheme under section 59 or in an area included in such scheme under section 62 and any entry in the Record of Rights or Mutation Register relevant to that disputed claim is inaccurate or inconclusive, an summary inquiry may be held, on an application made by the Planning and Development Authority at any time prior to the date on which the Planning and Development Authority draws up the draft scheme for submission to the Government under section 68, by such officer as the Government may appoint for the purpose of deciding the owner for the purposes of this Act.

(2) The decision of the officer appointed under sub-section (1) shall not be subject to appeal but it shall not operate as a bar to a regular suit.

(3) The decision referred to in sub-section (1) shall, in the event of a Civil Court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the Planning and Development Authority either by the Civil Court or by some person erected by such decree.

(4) Where the decree of a Civil Court referred to in sub-section (3) is passed after the concerned scheme is approved by the Government such scheme shall be deemed to have been suitably varied by reason of such decree.

(1) Where a Planning and Development Authority is of opinion that it is necessary to undertake forthwith any of the works referred to in section 60 and included in a draft scheme, the Planning and Development Authority shall make an application to the Government to vest in it the land shown in such scheme.

(2) On receipt of the application made under sub-section (1), the Government may, if satisfied that it is urgently necessary in the public interest to empower the Planning and Development Authority to enter into the land for the purpose of executing any such work, by notification direct such Authority to take over possession of the land, and may also fix the period during which the execution of the said work shall be completed: Provided that the period so fixed may for sufficient reasons be extended by the Government from time to time.

(3) Where a direction has been issued under sub-section (2), the Planning and Development Authority shall give a notice in the prescribed manner to the person interested in the land requiring him to give possession of his land to the Planning and Development Authority or any person authorized by it in this behalf within a period of one month from the date of service of such notice and if such possession is not delivered within the period specified in the notice, the Planning and Development Authority shall forcibly take over possession of the land and such land shall thereupon vest absolutely in the Planning and Development Authority free from all encumbrances.

(4) If the Planning and Development Authority is opposed or impeded in taking possession of the land under sub-section (3), it shall request the District Magistrate having jurisdiction, to enforce the delivery of possession of the land to it and such Magistrate shall take or cause to be taken such steps and use or cause to be used such force as may reasonably be necessary for securing the delivery of possession of the land to the Planning and Development Authority. Explanation.— The power to take steps under this sub-section shall include the power to enter upon any land or other property whatsoever.

(5) The owner of the land the possession of which is taken over by the Planning and Development Authority under this section, shall been titled to an interest at the rate of four percent per annum on the amount determined under section 70 as compensation payable to him in respect of the said land from the date on which such possession is taken over till the date on which the scheme in which the land is included comes into force or till the land is restored to the owner under sub-section (6), as the case may be, whichever is earlier.

(6) If the Planning and Development Authority has not fully executed within the period fixed under sub-section (2), any work on the land for which the land was vested in it, the Prescribed Authority shall make or tender to the owner or the person interested in the land such compensation for the damage, if any, done to the land as he may think reasonable and shall restore the land to the owner or the person interested herein.

(1) If at any time before a draft scheme, with the modifications is submitted to the Government under section 68, a representation is made to the Planning and Development Authority by a majority of the owners in the area that the scheme should be withdrawn, the Planning and Development Authority shall forward such representations together with its comments, if any, to the Government.

(1) If, within one month from the date of publication of a draft scheme under section 59, any person affected by such scheme communicates in writing to the Planning and Development Authority any objection relating to such scheme, the Planning and Development Authority shall consider such objection and may, at any time before submitting the scheme to the Government, as hereinafter provided, modify such scheme in such manner as it thinks fit. (2) The Planning and Development Authority shall submit the draft scheme within four months from the date of its publication under section 59, with such modifications as may have been communicated to it, to the Government and shall apply for its sanction. (3) After receiving such application and after making such inquiry as it may think fit, the Government may, by notification, within six months from the date of its submission under sub-section (2), either sanction such scheme with or without modifications and subject to such conditions as it may think fit to impose, or return the scheme to the Planning and Development Authority for the preparation of afresh draft scheme in accordance with such directions as the Government may issue in this behalf. (4) If the Government sanctions a scheme under sub-section (3), it shall be deemed to be a final scheme under the provisions of this Act and the Planning and Development Authority shall publish in a local newspaper, a public notice with regard to the sanction of such scheme and indicate therein the place or places where copies of the scheme so sanctioned may be inspected. (5) The public notice issued under sub-section (4) shall also specify a date (which shall not be earlier than one month after the date of publication of such notice) on which the final scheme shall come into force. (6) The publication by notification of the sanction of the final scheme, shall notwithstanding anything contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, be deemed to be a declaration duly made under section 19 of the said Act. (7) On and after the date specified in the public notice, a final scheme shall have effect as if it were enacted in this Act.

(1) On the day on which the final scheme comes into force— a. all lands required by the Planning and Development Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Planning and Development Authority free from all encumbrances; and b. all rights in the original plots which have been reconstituted shall determine and the reconstituted plots shall become subject to the rights settled by the Planning and Development Authority. (2) On and after the date on which the 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 Planning and Development Authority.

(1) As soon as may be after public notice of the sanction of the final scheme has been published in the Official Gazette under section 68, but not later than the time prescribed, the Planning and Development Authority shall, in accordance with the prescribed procedure proceed to— a. define, demarcate and decide the areas allotted to, or reserved, for a public purpose or purposes of the Planning and Development Authority, and also the final plots; b. decide the person or persons to whom a final plot is to be allotted and when such plot is to be allotted to persons in ownership in common, decide the shares of such persons; c. estimate the value of, and fix the difference between the values of, the original plots and the final plots included in the final scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 86; d. estimate the compensation payable for the loss of the area of the original plot in accordance with the provisions contained in clause (f) of sub-section (1) of section 86 in respect of any original plot which is wholly acquired under the scheme; e. determine whether the areas allotted or reserved for a public purpose or purposes of the Planning and Development Authority are beneficial wholly or partly to the owners or residents within the area of the scheme; f. estimate the proportion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or purposes of the Planning and Development Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme; g. determine the proportion of contribution to be levied on each plot used, allotted or reserved for a public purpose or purposes of the Planning and Development Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public; h. determine the amount of exemption, if any, from the payment of the contribution that may be granted in respect of plots or portion thereof exclusively used or occupied for religious or charitable purposes at the date on which public notice of the sanction of the final scheme is published under section 68; i. estimate the value of final plots included in the final scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 87; j. calculate the proportion in which the increment in respect of the final plots included in the final scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 86; k. calculate the contribution to be levied on each final plot included in the final scheme; l. determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions contained in section 89; m. provide for the total or partial transfer of any right in an original plot to a final plot or provide for the extinction of any right in an original plot in accordance with the provisions contained in section 90; n. where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to, or contribution payable by, the mortgagee or lessee on one hand and the mortgagor or less or on the other; o. estimate with reference to claims made before it, after due notice is given in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a scheme in accordance with the provisions contained in section 91; p. determine the period within which the works provided in the scheme shall be completed by the Planning and Development Authority: Provided that the Planning and Development Authority may make variations in the final scheme subject to the condition that any variation estimated by it to involve an increase of ten percent in the total cost of the scheme or rupees one lakh whichever is lower, shall require the sanction of the Government: Provided further that the Planning and Development Authority shall make no substantial variation without the consent of the Government and without hearing any objections which may be raised by the owners concerned. (2) The Government may, if it thinks fit, whether the period prescribed for deciding all the matters referred to in sub-section (1) has expired or not, extend by notification, the period for deciding all the matters referred to in sub-section (1).

(1) (a) From every decision of the Planning and Development Authority in matters arising out of clauses (a), (b), (c), (n) and (o) of sub-section (1) of section 70, an appeal shall lie within one month from the date of such decision, to the prescribed authority. (b) Any person aggrieved by the decision in appeal of the prescribed authority in matters referred to in clause (a), may appeal, within sixty days from the date of decision of the prescribed authority in appeal, to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated. (c) The District Judge may transfer the appeal filed before him to the Additional District Judge for disposal. (d) The District Judge or the Additional District Judge, as the case may be, after making such enquiry as he thinks fit, may either direct the Planning and Development Authority to reconsider its proposals or accept, modify, vary or reject the proposals of the Planning and Development Authority and shall decide all matters arising out of the matters referred to in clause (a). (e) The decision of the District Judge or the Additional District Judge, as the case may be, shall be final and binding on all persons. A copy of the decision in appeal shall be sent to the Planning and Development Authority. (2) (a) Any decision of the Planning and Development Authority in matters arising out of clauses (d) to (m) (both inclusive) and clause (p) of sub-section (1) of section 70 shall be forthwith communicated to the party concerned and any party aggrieved by such decision may, within sixty days from the date of communication of the decision, appeal to the Tribunal of Appeal appointed under section 72. (b) The provisions of sections 5, 12, and 14 of the Limitation Act, 1963 (Central Act 36 of 1963) shall apply to appeals preferred under this section.

(1) The Government shall, for the purpose of hearing and deciding appeals under sub-section (2) of section 71, appoint a Tribunal of Appeal (hereinafter referred to as the Tribunal). (2) The Tribunal shall consist of a Chairman and two assessors. (3) The Chairman shall be the District Judge or such other Civil Judge as may be appointed by the Government on the recommendation of the District Judge. (4) The Chairman shall appoint suitable persons as assessors who shall, as far as possible, have knowledge or experience in town and country planning, valuation of land or civil engineering. (5) The Chairman may remove any assessor appointed under sub-section (4) from his office on the ground of incompetence or misconduct or for any other good and sufficient reason: Provided that no assessor shall be removed from his office except after giving him a reasonable opportunity of being heard. (6) If any assessor is removed from his office or dies or refuses or neglects to act, or becomes incapable of acting, as such assessor, the Chairman shall appoint another person as assessor under sub-section (4).

The Tribunal may sit either at the headquarters of the court presided over by the Chairman or at any other place within the local limits of the jurisdiction of such court, which he may deem convenient for the disposal of the appeal.

It shall be the duty of the Chairman of the Tribunal to decide all questions of law and procedure arising in the appeal and it shall be his duty to decide all other questions in consultation with the two assessors or either of them: Provided that, where both the assessors disagree with the Chairman, he may disband the assessors and appoint fresh assessors; and, where he does so, the appeal shall be heard denovo in the presence of the fresh assessors so appointed.

(1) The Tribunal shall, after making such inquiry as it may think fit, decide all matters in respect of the appeals preferred to it, and in particular, may either confirm the proposals of the Planning and Development Authority or direct it, where necessary, to reconsider, vary or modify its proposals. (2) Every decision of the Tribunal on appeal shall be final and binding on all persons including the Planning and Development Authority. A copy of the decision in appeal shall be sent to the Planning and Development Authority.

Nothing contained in this Act shall be deemed to constitute the Tribunal to be a court.

(1) The assessors shall, save where they are salaried Officers of Government, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly by way of salary and partly by way of fees, as the Government may, from time to time, decide: Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the Government may authorise the Chairman and such of the assessors as are salaried Government Officers to receive such special salary or remuneration, as the Government may, by order, decide from time to time. (2) The salary of the Chairman of the Tribunal or an assessor who is a salaried Government Officer, any other remuneration payable under sub-section (1) and all expenses incidental to the working of the Tribunal shall, unless the Government otherwise determines, be defrayed out of the funds of the Planning and Development Authority and shall be added to the cost of the scheme.

(1) Where no appeal has been preferred under section 71, the decision of the Planning and Development Authority shall be final and binding on the parties. (2) Where an appeal has been preferred under section 71 and a copy of the decision in appeal is received by the Planning and Development Authority, it shall, make such variations in the final scheme in accordance with such decision. (3) A Planning and Development Authority may also rectify such errors or omissions, if any, as may have been brought to its notice after publication of public notice of the sanction of the final scheme. (4) Any variations are made in the final scheme under sub-section (2) or any errors

(1) On and after the day on which the final scheme comes in to force, the Planning and Development Authority may, 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 such as to contravene 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 it is the duty of any person to execute under the scheme, in any case where it appears to the Planning and Development Authority that delay in the execution of the work would prejudice the efficient operation of the scheme. (2) Any expenses incurred by the Planning and Development Authority under this section may be recovered from the persons in default or from the owner of the plot in the manner provided for the recovery of the sums due to the Planning and Development Authority under the provisions of this Act. (3) If any question arises as to whether any building or work contravenes a town planning scheme, or whether any provision of a town planning scheme is not complied within the erection of any such building, it shall be referred to the Government or prescribed authority if authorised by the Government in this behalf, and the decision of the Government or the prescribed authority, as the case may be, shall be final and binding on all persons.

On and after the day on which a final scheme comes into force, any person continuing to occupy any land which is not entitled to occupy under the final scheme may, in accordance with the prescribed procedure, be summarily evicted by the Planning and Development Authority or any of its officers authorised in that behalf by that Authority. If the Planning and Development Authority is opposed or impeded in evicting such person or taking possession of the land from such person, the District Magistrate shall, at the request of the Planning and Development Authority, enforce the eviction of such person or secure delivery of possession of the land to the Planning and Development Authority.

(1) If after the final scheme comes into force, the Planning and Development Authority considers that the scheme is defective on account of any error, defect or irregularity, the Planning and Development Authority may apply in writing to the Government for the variation of the scheme. (2) If, on receiving such application or otherwise, the Government is satisfied that the variation required is not substantial, the Government shall publish a draft of such variation in the prescribed manner. (3) The draft variation published under sub-section (2) shall state every amendment proposed to be made in the scheme, and if any such amendment relates to a matter specified in any of the clauses (a) to (k) of sub-section (2) of section 56 the draft variation shall also contain such other particulars as may be prescribed. (4) The draft variation shall be open to the inspection of the public at the office of the Planning and Development Authority. (5) Within one month of the date of publication of the draft variation, any person affected thereby may communicate in writing his objections to such variation to the Government through the Chief Town Planner and send a copy thereof to the Planning and Development Authority. (6) On the expiry of the period referred to in sub-section (5), the Government may, after consulting the Chief Town Planner and the Planning and Development Authority and after making such inquiry as it may think fit, by notification, approve the variation with or without modification or refuse to make the variation. (7) From the date of the notification making the variation, with or without modifications such variation shall take effect as if it were incorporated in the scheme.

(1) Not withstanding anything contained in section 81, a town planning scheme may at any time be varied or revoked by a subsequent scheme made, published and sanctioned in accordance with the provisions of this Act. (2) The Government may, either on its own motion or on the application of the Planning and Development Authority, after making such inquiry as it deems fit and after giving the Planning and Development Authority concerned an opportunity of being heard by notification, revoke a town planning scheme, if it is satisfied that under the special circumstances of the case the scheme should be revoked.

(1) If at any time after the final scheme has come into force, such scheme is varied or revoked, any person who has incurred expenditure for the purpose of complying with the provisions of such scheme, as it stood before such variation shall be entitled to receive compensation from the Planning and Development Authority, in so far as any such expenditure is rendered abortive by reason of the variation or revocation of such scheme. (2) In the event of sanction to a final scheme being refused by the Government or a final scheme being revoked, the Government may direct that the costs of the scheme shall be borne by the Planning and Development Authority or be paid to the Planning and Development Authority by the owners concerned, in such proportion as the Government may in each case determine.

(1) When two or more Planning and Development Authorities are of the opinion that the interests of contiguous areas within their respective jurisdictions can best be served by the constitution of a Joint Town Planning Authority and the Government agrees with such opinion, a Joint Town Planning Authority shall be constituted. (2) A Joint Town Planning Authority shall consist of such number of representatives of each of the several Planning and Development Authorities concerned as may be prescribed and elected in the prescribed manner and of persons nominated by the Government in such manner as may be prescribed. (3) A Joint Town Planning Authority, when duly constituted, shall make a declaration of its intention to make a joint town planning scheme in respect of the contiguous areas in the manner provided in section 56 and thereafter the said Authority shall have all the powers and all the provisions in respect of the procedure for the preparation of a town planning scheme so far as may be, apply to a joint town planning scheme. (4) A draft joint town planning scheme shall specify the parts of the scheme to be executed by the several Planning and Development Authorities in the several contiguous areas and the several parts of the scheme shall, when notified in the final scheme, have effect in the several contiguous areas, as if they were separate schemes: Provided that any part of a joint town planning scheme may be executed jointly by two or more Planning and Development Authorities.

A Joint Town Planning Authority, may by order in writing, direct that all or any of the powers conferred on it by section 66, sub-section (1) of section 70 and section 79 shall, in such circumstances and under such conditions if any, as may be specified in the order, be exercised by such officer as the Joint Town Planning Authority may specify in the order.

(1) The costs of a town planning scheme shall include— a. all sums payable by the Planning and Development Authority under the provisions of this Act, which are not specifically excluded from the costs of the scheme; b. all sums spent or estimated to be spent by the Planning and Development Authority in the making and in the execution of the scheme; c. all sums payable as compensation for land reserved or designated for a public purpose or purposes of the Planning and Development Authority, which is solely beneficial to the owner or residents within the area of the scheme; d. such portion of the sums payable as compensation for and reserved or designated for a public purpose or purposes of the Planning and Development Authority, which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, as is attributable to the benefit accruing to the owners or residents within the area of the scheme from such reservation or designation; e. all legal expenses incurred by the Planning and Development Authority in the making and in the execution of the scheme; f. any amount by which the total of the values of the original plots exceeds the total of the values of the plots included in the final scheme, each of such plots being estimated at its market value on the date of publication of the draft scheme, with all the buildings and works thereon on that date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries. (2) If, in any case, the total of the values of the plots included in the final scheme exceeds the total of values of the original plots, each of such plots being estimated in the manner provided in clause (f) of sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme, as specified in sub-section (1).

For the purposes of this Act, the increment shall be deemed to be the amount by which on the date of the declaration of intention to make a scheme, the market value of a plot included in the final scheme estimated on the assumption that the scheme has been completed would exceed on the same date the market value of the same plot estimated without reference to improvements contemplated in the scheme: Provided that in estimating such values, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.

(1) The costs of a town planning scheme shall be met wholly or in part by contributions to be levied by the Planning and Development Authority on each plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Planning and Development Authority: Provided that— a. no such contribution shall exceed one-third of the increment estimated by the Planning and Development Authority to accrue in respect of such plot; b. where a plot is subject to a mortgage with possession or to a lease, the Planning and Development Authority shall determine in what proportion the mortgagee or lessee on the one hand and the mortgagor or less or on the other shall pay such contribution; c. no such contribution shall be levied on a plot used, allotted or reserved for a public purpose or purposes of the Planning and Development Authority which is solely for the benefit of the owners of plots, or residents within the area of such scheme; and d. the contribution levied on a plot used, allotted or reserved for a public purpose, or purposes of the Planning and Development Authority, which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation. (2) The owner of each plot included in the final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot.

The amount by which the total value of the plots included in the final scheme with all the buildings and works there on allotted to a person falls short of, or exceeds the total value of the original plots with all the buildings and works thereon of such person shall, as the case may be, be deducted from or added to the contribution leviable from such person, each of such plots being estimated at its market value on the date of the declaration of intention to make a scheme or the date of a notification under section 63 and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.

Any right in an original plot which in the opinion of the Planning and Development Authority is capable of being transferred wholly or in part without prejudice to the making of a town planning scheme to a reconstituted plot shall be so transferred and any right in an original plot which in the opinion of the Planning and Development Authority is not capable of being so transferred shall be extinguished: Provided that an agricultural lease shall not be transferred from an original plot to a reconstituted plot without the consent of all the parties to such lease.

(1) The owner of any property or right which is injuriously affected by the making of a town planning scheme shall, if he makes a claim before the Planning and Development Authority within the prescribed time, be entitled to obtain compensation in respect thereof from the Planning and Development Authority or partly from the Planning and Development Authority and partly from such person as the Planning and Development Authority may in each case determine. (2) For the purposes of this section, the market value of any property or right on the date of the declaration of intention to make a scheme or the date of a notification under section 63 without reference to the improvements contemplated in the scheme shall be deemed to be the value of such property or right.

(1) No compensation shall be payable in respect of any property or private right which is alleged to be injuriously affected by reason of any provisions contained in the town planning scheme, if under any other law for the time being in force applicable to the area for which such scheme is made, compensation is payable for such injurious affection. (2) Any property or private right shall not be deemed to be injuriously affected under this section by reason merely of any provision included in a town planning scheme, which, for the purpose of providing amenities in the area included in such scheme or part thereof, imposes any conditions and restrictions in regard to any of the matters specified in clause (a) of section 60.

If the owner of an original plot is not provided with a plot in the final scheme or if the contribution to be levied from him under section 88 is less than the total amount payable to him under any of the provisions of this Act, the net amount of his loss shall be payable to him by the Planning and Development Authority in cash or in such other manner as may be agreed upon by the parties.

(1) If, for any reason the total amount, which would be due to the Planning and Development Authority under the provisions of this Act from the owner of a plot to be included in the final scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Planning and Development Authority may direct the owner of such plot to make payment to the Planning and Development Authority of the amount of such excess. (2) If the owner fails to make the payment referred to in sub-section (1) within the prescribed period, the Planning and Development Authority shall acquire the original plot of such defaulter on payment of compensation estimated at its market value on the date of the declaration of intention to make a scheme or the date of notification under section 63 and without reference to improvements contemplated in the scheme, to the owner and other persons interested in the plot, and thereupon the said plot included in the final scheme shall vest absolutely in the Planning and Development Authority free from all encumbrances: Provided that the payment made by the Planning and Development Authority on account of the value of the original plot shall not be included in the cost of the scheme.

All payments due to be made to any person by the Planning and Development Authority under this Act, shall, as far as possible, be made by adjustment in such person's account with the Planning and Development Authority in respect of the plot concerned or of any other plot in which he has an interest and failing such adjustment shall be paid in cash or in such other manner as may be agreed upon by the parties.

(1) The net amount payable under the provisions of this Act by the owner of a plot included in the final scheme, may, at his option, be paid in lumpsum or in annual installments not exceeding ten. If the owner elects to pay the amount by installments, interest at the rate of six per cent per annum shall be charged on the net amount payable. If the owner of a plot fails to so elect on or before the date specified in a notice issued to him, he shall be deemed to have elected to pay the contribution by installments and the interest on the contribution shall be calculated from the date specified in the notice. (2) Where two or more plots included in the final scheme are in the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several plots in proportion to the increment which is estimated to accrue in respect of each plot, unless the owner and the Planning and Development Authority agree to a different method of distribution.

(1) A Planning and Development Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town planning scheme, subject to the power of the Government to modify or disallow such agreement, and unless it is otherwise expressly provided therein, such agreement shall take effect on and from the date on which the town planning scheme comes into force. (2) An agreement made under sub-section (1) shall not in any way affect the determination of the matter specified in section 91 or the rights of third parties: Provided that, if the agreement is modified by the Government, under that sub-section, either party shall have the option of avoiding it if it so elects.

(1) Any sum due to the Planning and Development Authority under this Act or any regulation made thereunder shall be a first charge on the plot on which it is due, subject to the prior payment of land revenue, if any, due to the Government thereon. (2) Any sum due to the Planning and Development Authority under this Act or any regulation made thereunder which is not paid on the date fixed by the Planning and Development Authority, of which due notice is given, shall be recoverable by it by distress and sale of the goods of the defaulter and may be recovered from him by a suit in any court of competent jurisdiction. (3) In lieu of the recovery of the dues of the Planning and Development Authority in the manner provided under sub-section (2) or after recovery in part of the dues of the Planning and Development Authority in the manner provided in sub-section (2), any sum due or the balance of any sum due, as the case may be, by such defaulter may be recovered from him by a suit in any court of competent jurisdiction.

(1) A Planning and Development Authority may borrow money at such rate of interest and for such period and upon such terms, as the Government may approve, for the purpose of a Development Plan or the making or execution of a town planning scheme. (2) Any expenses incurred by a Planning and Development Authority or the Government under this Act in connection with the making and execution of a Development Plan or a town planning scheme shall be defrayed out of the funds of the Planning and Development Authority.

(1) Subject to the provisions of this Act and the rules made thereunder, and with the previous sanction of the Government, every Planning and Development Authority shall, by a notification, levy a charge (hereinafter called the Development Charge) on the carrying out of any development or the institution or change of use of land for which permission is required to be obtained under Chapter VII, in the whole or any part of the Planning area, at the rates specified in section 101: Provided that different rates may be specified for different parts of the planning area. (2) The Development Charge shall be leviable on the person who undertakes or carries out such development and institutes or changes any such use. (3) Notwithstanding anything contained in sub-sections (1) and (2), no Development Charge shall be levied on the development or institution, or change of use of any land vested in, or under the control or possession of, the Central Government, the Government or any local authority. (4) The Government may by rules provide for exemption from the levy of development charge on the development, institution or change of use of any land under this section.

(1) The Government may, by notification, levy a fee to be charged for processing of applications filed with the Planning and Development Authority, for change of Zone in notified Outline Development Plans, Comprehensive Development Plans and Zoning Plans. (2) The Government may, by notification, levy a fee to be charged for change of Zone in Regional plan of Dadra and Nagar Haveli and Daman and Diu, Outline Development Plans, Comprehensive Development Plans and Zoning Plans from the notified Zone to other Zone.

The maximum and minimum development charges and the classification on the basis of which such maximum and minimum charges are fixed shall be such as may be prescribed.

The rate of processing fee or fees for change of Zone leviable under section 100A shall be such as may be notified by the Government.

(1) Any person who intends to carry out any development, or to institute, or change, any use of any land for which permission under Chapter VII is necessary, whether he has applied for such permission or not or who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use, shall apply to the Planning and Development Authority in the manner prescribed for assessment of development charge payable in respect thereof. (2) The Planning and Development Authority shall, on such application being made, or if no such application is made, after serving a notice on the person liable for Development Charge, determine in the manner specified in sub-sections (3) and (4), the Development Charge, if any, leviable in respect of that development or use. (3) The Town Planning Officer shall, after giving a reasonable opportunity of being heard to the person who has made an application under sub-section (1) or who has been served with a notice under sub-section (2) make a report to the Planning and Development Authority. (4) After taking into consideration the report of the Town Planning Officer made under sub-section (3), the Planning and Development Authority shall assess the amount of Development Charge by an order: Provided that— (a) where permission under Chapter VII has not been granted for carrying out the said development, the Planning and Development Authority may postpone the assessment of the Development Charge; (b) where the application relates to the carrying out of any development in any land, the Planning and Development Authority may refuse to assess the Development Charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufficient to enable him to carry out such development, or that the applicant will carry out the development within such period as the Planning and Development Authority considers appropriate; (c) where the application relates to the institution or change of any use of land, the Planning and Development Authority may refuse to assess the amount of Development Charge payable in respect thereof unless it is satisfied that the use will be instituted within such period as the Planning and Development Authority considers appropriate. (5) The Planning and Development Authority shall deliver or serve a copy of such order on the applicant or the person liable for the Development Charge. (6) An order of assessment made under this section shall, subject to the provisions of section 103 be final and shall not be questioned in any court.

(1) Any person aggrieved by an order of assessment made under section 102 may, within such time and in such manner as may be prescribed, appeal to the Prescribed Authority. (2) On an appeal made to the Prescribed Authority under sub-section (1), the Chief Town Planner shall, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, make a report to the Prescribed Authority. (3) The Prescribed Authority, may, after taking into consideration the aforesaid report, and if it deems necessary, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, pass such order as it deems fit.

(1) If any development of land is commenced or carried out or any use is instituted or changed without payment of the amount of the Development Charge assessed under the provisions of this Act, the amount of the Development Charge shall, subject to prior payment of the land revenue, if any, be a first charge upon the interest of the person so liable on the land on which development has been commenced or carried out or the use has been instituted or changed. (2) The Development Charge shall be recoverable as if it were an arrear of land revenue.

(1) Every Planning and Development Authority shall maintain a separate fund to which shall be credited— a. all moneys received by the Planning and Development Authority from the Government by way of grants, loans, advances or otherwise for the purpose of this Act; b. all Development Charges or other charges received by the Planning and Development Authority under this Act or rules, regulations or bye-laws made thereunder; c. contributions from the local authority or authorities of the area included in the planning area of the Planning and Development Authority, of such amount not exceeding ten per cent of the general fund of such local authority or authorities, as the Government may specify from time to time; d. all moneys received by the Planning and Development Authority from any other source. (2) The fund shall be applied towards meeting— (a) the administrative expenses of the Planning and Development Authority; (b) the cost of acquisition of land in the planning area for the purpose of development; (c) the expenditure for any development of land in the planning area; (d) the expenditure for such other purposes as the Government may direct. (3) Every Planning and Development Authority may keep in current Account with the State Bank of India or any other Bank approved by the Government in this behalf such sums of money out of its funds as may be prescribed and any money in excess of the said sum shall be invested in such manner as may be approved by the Government. (4) The Government may make such grants, advances and loans to any Planning and Development Authority as it may deem necessary, for the performance of the functions under this Act, and all grants, loans and advances made shall be on such terms and conditions as the Government may determine.

An appropriate authority may, from time to time, borrow at such rate of interest and for such period and upon such terms, as the Government may approve any sum of money necessary for the purpose of: - (a) meeting expenditure debatable to the capital amount; (b) repaying any loan previously taken under this Act.

All payments due from an appropriate authority for interest on, or for the repayment of loans shall be made in priority to all other payments due from the said authority.

Every Planning and Development Authority shall prepare in such form and at such time every year as may be prescribed, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the Planning and Development Authority and shall forward through the Chief Town Planner to the Government and the Prescribed Authority, such number of copies thereof as may be prescribed.

(1) Every Planning and Development Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed.

(2) The accounts of every Planning and Development Authority shall be subject to audit annually by the Director of Accounts.

(3) The Director of Accounts or any person appointed by him in connection with the audit of accounts of the Planning and Development Authority shall have the same rights, privileges and authority in connection with such audit as the Director of Accounts has in connection with the audit of Government accounts, and in particular shall have the right to demand production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Planning and Development Authority.

(4) The accounts of every Planning and Development Authority as certified by the Director of Accounts together with the audit report thereon shall be forwarded annually to the Government.

Every Planning and Development Authority shall prepare for every year a report of its activities under this Act during the year and submit the report to the Government and the Prescribed Authority in such form, and on or before such date, as may be prescribed.

(1) Every Planning and Development Authority shall constitute for the benefit of its officers and other employees, in such manner and subject to such conditions as may be prescribed, such pension and provident funds as it may deem fit.

(2) Where any such pension or provident fund has been constituted, the Government may declare that the provisions of the Provident Funds Act, 1925 (Central Act 19 of 1925), shall apply to such fund as if it were a Government Provident Fund.

(1) The Chief Town Planner or Town Planning Officer of any Planning and Development Authority or any person authorised by the Government or any Planning and Development Authority may enter into, or upon, any land or building with or without assistants or workmen for the purpose of—

a. making any enquiry, inspection, measurement or survey or taking levels of such land or building;

b. setting out boundaries and intended lines of works;

c. marking such levels, boundaries and lines by placing marks and cutting trenches;

d. examining works under construction and ascertaining the course of sewers and drains;

e. digging or boring into the sub-soil;

f. ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder;

g. doing any other act necessary for the efficient administration of this Act:

Provided that—

i. in the case of any building used as a dwelling house or upon any enclosed part or garden attached to such building, no such entry shall be made (unless with the consent of the occupier thereof) without giving such occupier at least twenty-four hours notice in writing of the intention to enter;

ii. sufficient opportunity shall in every case be given to enable women (if any) to withdraw from such land or building;

iii. due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.

(2) The powers of any person or officer authorised by General or Special order under sub-section (1) shall extend to the planning area within the Jurisdiction of that Authority and such other area which the Government may have directed to be included in a Development Plan.

(3) Any person who obstructs the entry of a person empowered or authorized under this section to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

(1) All documents, including notices and orders, required by this Act or the rules, or regulations made thereunder to be served upon any person shall, save as otherwise provided in the Act or rules or regulations, be deemed to be duly served—

a. where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society, or other body, if the document is addressed to the Head of the Government Department, General Manager of the Railway, Secretary or principal officer of the local authority, statutory authority, company, corporation, society or body, to the principal, branch, local or registered office, the case may be, of other body and is either—

i. sent by registered post to such person or officer; or

ii. delivered at such office;

b. where the person to be served is a member of a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either—

i. sent by registered post, or

ii. delivered at the said place of business;

c. in any other case, if the document is addressed to the person to be served, and—

i. is given or tendered to him, or

ii. if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or

iii. is sent by registered post or in electronic form to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed as the owner or occupier, as the case may be of that land or building (naming or describing that land or building) without further name or description, and shall be deemed to be duly served—

(a) if the document so addressed is delivered or sent in accordance with clause (c) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building.

(3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.

(4) For the purpose of enabling any documents to be served on the owner of any property, the Prescribed Authority or the Planning and Development Authority or any other officer authorised by Government or the Planning and Development Authority, in this behalf, may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.

(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor: Provided that a servant of such person shall not be deemed to be a member of the family for the purposes of this sub-section.

Every public notice given under this Act or the rules or regulations made thereunder shall be in writing over the signature of the Prescribed Authority or any Planning and Development Authority, as the case may be, or such other officer who may be authorised in this behalf by the Prescribed Authority or Planning and Development Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper and by such other means which the Prescribed Authority or the Planning and Development Authority thinks fit.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in the Act, or rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.

All permissions, orders, decisions, notices and other documents of any Planning and Development Authority shall be authenticated by the signature of the Member Secretary of or Planning and Development Authority, as the case may be, or such other officer as may be authorized by the Government, or Planning and Development Authority in this behalf.

(1) Every Development Plan or town planning scheme which is finally sanctioned by the Government shall be drawn up in duplicate and every such plan or scheme or every page thereof shall be authenticated under the seal and signature of the Secretary to the Government. One such plan or scheme shall be deposited with the member secretary of the Planning and Development Authority and sealed with his seal and the second shall be deposited with the Planning and Development Authority concerned.

(2) The plan or scheme deposited with the member secretary or the Planning and Development Authority under seal shall be kept under lock and key and custody of member secretary and shall not be utilized unless it is required for production in any court or any authority duly empowered in this behalf by the Government for verifying any entry made or alleged to be made in any such plan or scheme, and a certified copy of any plan or scheme or any part thereof may be given to any person on payment of a fee thereof as prescribed.

(3) Where a plan or scheme or any part thereof is produced for verification such plan or scheme or part after the relevant entry or entries therein are duly verified (such verification being made in court, or as the case may be in the Planning Board of any officer duly nominated by him in that behalf) shall be resealed with seal of Planning and Development Authority and then deposited with him in the manner aforesaid.

(4) If any officer or person having custody of a plan, scheme makes or causes to be made any change in such plan, scheme or in any part, such change not being authorized by or under the provisions of this Act, he shall, on conviction, be punished with imprisonment which may extend to six months and shall also be liable to a fine.

Notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act 1 of 1872.), a copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Prescribed Authority or any Planning and Development Authority, if duly certified by the authorized keeper thereof, or other person authorized by the Prescribed Authority or Planning and Development Authority in this behalf, shall be received as prima facie evidence of the existence of such receipt, application, plan, notice, order, entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original receipt, application, plan, notice, order, entry or document would, if produced, have been admissible.

No Chairman, member or officer or employee of the Prescribed Authority or any Planning and Development Authority shall in any legal proceedings to which the Prescribed Authority or Development Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.

Every party to any proceeding before the Prescribed Authority shall be entitled to appear either in person or by his agent authorised in writing in that behalf.

For the purposes of this Act, an officer appointed under sub-section (1) of section 65 or the Prescribed Authority, may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means, and, as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure (Central Act 5 of 1908.)

No court inferior to that of a Judicial Magistrate of the first class shall try an offence punishable under this Act.

No suit or other legal proceeding shall be maintained against the Government, Planning and Development Authority or any of its officers or persons duly appointed or authorised by it in respect of anything in good faith done or purporting to be done under the provisions of this Act or the rules or regulations made thereunder.

(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by accompany and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section— (a) "company" means a body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

If any person— (a) obstructs, or molests any person engaged or employed by the Prescribed Authority or any Planning and Development Authority or any person with whom the Prescribed Authority or Planning and Development Authority has entered into a contract, in the performance or execution by such person of his duty, or of anything which he is empowered or required to do under this Act, or of any rule or regulation made thereunder or under the contract, as the case may be; or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of work authorised under this Act, he shall be punishable with fine which may extend to Rs. 10,000 rupees or with imprisonment for a term which may extend to two months.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Government or the Planning and Development Authority concerned or an officer authorized by the Government or such Planning and Development Authority in this behalf.

(1) Subject to such terms and conditions, if any, as may be prescribed, by the Government or the Planning and Development Authority concerned or any person authorized by the Government or the Authority in this behalf, by general or special order, may either before or after the institution of the proceedings under this Act compound any offence made punishable by or under this Act. (2) When an offence has been compounded under sub-section (1), the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), it shall be lawful for a Judicial Magistrate of the First Class to pass any sentence authorised by this Act in excess of his powers under the said section.

All fines realised in connection with any prosecution under this Act shall be paid to the Planning and Development Authority.

Every member, officer and other employee of the Prescribed Authority and of every Planning and Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860.)

Save as otherwise expressly provided in this Act, every order passed or direction issued by the Government or the Prescribed Authority or order passed or notice issued by any Planning and Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of— (a) the existence of any vacancy in, or any defect in, the constitution of the any Planning and Development Authority; or (b) any person associated with the Planning and Development Authority under section 24 having voted in contravention of the section; or (c) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or (d) any omission, defector irregularity not affecting the merits of the case. (2) Every meeting of any Planning and Development Authority, the minutes of the proceedings or which have been duly signed as prescribed shall be taken to have been duly convened and to be free from all defects and irregularities.

(1) The Prescribed Authority may, by a resolution and with the previous consent of the Planning and Development Authority, local authority or Government, as the case may be, direct that any power exercisable by it under this Act or the rules or regulations made thereunder may also be exercised by any Planning and Development Authority, local authority or any officer of the Prescribed Authority or the Government as may be specified in such resolution in such cases and subject to such conditions, if any, as may be specified therein. (2) The Chief Town Planner may, by an order in writing and with the previous approval of the Prescribed Authority direct that any of power exercisable by him under this Act or the rules or regulations made thereunder may also be exercised by any Planning and Development Authority, local authority, or any officer of the Prescribed Authority or the Government as may be specified in such order in such cases and subject to such conditions, if any, as may be specified therein. (3) Any Planning and Development Authority may, by a resolution and with the previous approval of the local authority or Government, as the case may be, direct that any power exercisable by it under this Act or the rules, or regulations made thereunder, except the power to prepare any Development Plan or to make regulations, may also be exercised by a local authority or any officer of the Government or Planning and Development Authority as may be specified in such resolution in such cases and subject to such conditions, if any, as may be specified therein. (4) The Town Planning Officer of any Planning and Development Authority may, by order in writing, and with the previous approval of the Planning and Development Authority, direct that any power exercisable by him under this Act or the rules or regulations made thereunder may also be exercised by any officer of the Planning and Development Authority or local authority specified in such order in such cases and subject to such conditions, if any, as may be specified therein.

(1) Every Planning and Development Authority shall carry out such directions as may be issued from time to time by the Government for the efficient administration of this Act. (2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Planning and Development Authority under this Act, any dispute arises between the Planning and Development Authority and a local authority, it shall be referred to the decision of the Government.

Every Planning and Development Authority shall furnish to the Government such reports and other information as the Government may from time to time require.

(1) Save as provided in this Act, the provisions of this Act, the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. (2) Notwithstanding anything contained in any other law— (a) when permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be not validly undertaken or carried out by reason only of the fact that the permission, approval or sanction required under such other law for such development has not been obtained; (b) when permission for the development has not been obtained under this Act, such development shall not be deemed to be validly undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development had been obtained.

(2) An Outline Development Plan may also indicate, define and provide for— (a) the existing and proposed public and semi-public buildings; and (b) all or any of the purposes and matters as may be indicated, defined and provided for in the Comprehensive Development Plan under section 32; (c) for the reservation of land for public purposes, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theaters and places for public entertainment, public assembly, museums, art galleries, religious buildings, play-grounds, stadia, open spaces, dairies and for such other purposes as may, from time to time, be specified by the State Government; (d) proposals for designation of areas for zoological gardens, green belts, natural reserves and sanctuaries; (e) transport and communications, such as roads, highways, parkways, railways, waterways, canals and airport, including their extension and development; (f) proposals for water supply, drainage, sewage disposal, other public utility amenities and service including supply of electricity and gas; (g) reservation of land for community facilities and services; (h) proposals for designation of sites for service industries, industrial estates and any other industrial development on an extensive scale; (i) preservation, conservation and development of areas of natural scenery and landscape; (j) preservation of features, structures or places of historical, natural, architectural or scientific interest and of educational value; (k) proposals for flood control and prevention of river pollution; (l) proposals for the reservation of land for the purpose of Union, any State, local authority or any other authority or body established by or under any law for the time being in force; (m) the filling up or reclamation of low lying, swampy or unhealthy areas or leveling up of land; (n) provision for controlling and regulating the use and development of land within the development area, including imposition of conditions and restrictions in regard to the open space to be maintained for buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of built up area allowed in a specified area, the use and purposes to which a building or specified areas of land may or may not be appropriated, the sub-divisions of plots, the discontinuance of objectionable uses of land in any area in any specified periods, parking spaces, loading and unloading space for any building and the sizes of projections and advertisement signs and hoardings and other matters as may be considered necessary for carrying out the objects of this Act; (o) provision for preventing or removing pollution of water or air caused by the discharge of waste or other means as a result of the use of land; and such other proposals for public or other purposes as may from time to time be approved by the planning and development authority or as may be directed by the Government in this behalf.

(3) Subject to such rules regulating the form and contents of an Outline Development Plan any such plan shall include such maps and such descriptive matter as may be necessary to explain and illustrate the proposals contained in that Plan.

(4) The following particulars shall be published along with the outline development plan, namely:— (a) a statement indicating broadly the uses to which lands in the area covered by the plan are proposed to be put and any survey carried out for the preparation of the outline development plan; (b) maps, charts and statements explaining the provisions of the outline development plan; (c) the regulations for enforcing the provisions of the outline development plan; (d) procedure explaining the manner in which permission for developing any land may be obtained from the area development authority or, as the case may be, the authorised officer; (e) a statement of the stages of development by which it is proposed to meet any obligation imposed on the planning and development authority by the outline development plan; (f) an approximate estimate of the cost involved in acquisition of land reserved for public purposes.

(5) After the coming into operation of Outline Development Plan and defining the Zone thereof, the conversion shall be in conformity with the contents of an Outline Development Plan and in accordance with such procedure as may be prescribed.

(2) The Comprehensive Development Plan may— (a) indicate, define and provide for— (i) all such matters including planning standards, gross and new density and such guiding principles as the Planning and Development Authority may consider expedient to be indicated, defined and provided for in the Development Plan; (ii) detailed development of specific areas for housing, shopping centres, industrial areas, civic centres, educational and cultural institutions; (iii) control of architectural features, elevation and frontage of buildings and structures; (iv) a five year development programme within the stages indicated in clause (d) of sub-section (1); (b) designate, any land as land subject to acquisition for any public purpose, and in particular, but without prejudice to the generality of this provision for the purposes of:— (i) the Union or the State Governments, or for any local authority or other authority established by law and public utility concerns; (ii) dealing satisfactorily with the areas of bad layout or obsolete development, slum areas and for re-location of population; (iii) providing for open spaces, parks and playgrounds; (iv) securing the use of the land in the manner specified in the development plan; (v) any of the matters as are referred to in clause (a).

(3) Subject to such rules as may be made for regulating the form and contents of a Comprehensive Development Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals included in that plan.

(1) A Planning and Development Authority may, with the previous sanction of the Government, make regulations consistent with the provisions of this Act and the rules made thereunder to carry out the matters included in a Development Plan. (2) A regulation made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to Rs. 2,00,000 rupees, and in the case of a continuing contravention, with an additional fine which may extend to thousand rupees for every day during which such contravention continued after conviction for the first such contravention. (3) The power to make regulations under this section shall be subject to the condition of previous publication and such publication shall be made in the Official Gazette and in such other manner as may be directed by the Government.

(1) On the commencement of this Act, the following laws, that is to say— (a) The Legislative Diploma No.1088 dated 26-9-1940; (b) Portaria no.3531 dated 14-11-1940; (c) The Legislative Diploma No.1114 dated 27-7-1942; (d) Portaria no.3703 dated 27-8-1942; (e) The Legislative Diploma No.1421 dated 24-4-1952; (f) The Legislative Diploma No.1467 dated 5-3-1953; (g) The Interim Building Bye-laws and Zoning Regulations 1965; and any other law in force in the Union territory of Dadra and Nagar Haveli and Daman and Diu corresponding to any of the provisions of this Act shall stand repealed. (2) The provisions of the General Clauses Act, 1897 shall apply to the repeal under sub-section (1) as if the laws referred to therein were Central Acts. (Central Act 10 of 1897)