Dadra and Nagar Haveli and Daman and Diu Town and Country Planning Act, 1974

Dadra and Nagar Haveli and Daman and Diu Town and Country Planning Act, 1974

Infrastructure1974135 sections

This legislation establishes the statutory framework for planning and developing land across the Union territory of Dadra and Nagar Haveli and Daman and Diu. It defines key terms such as agriculture and amenities, then assigns authority to a central agency to act as the Prescribed Authority. This body guides Planning and Development Authorities in creating formal development plans that designate how specific areas can be used or developed. By legally regulating these choices, the act ensures orderly territorial growth, efficient infrastructure provision, and the orderly settlement of rural and urban land in the region.

  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 4. [Omitted]
  4. 5. [Omitted]
  5. 6. [Omitted]
  6. 7. [Omitted]
  7. 8. Functions and powers of Prescribed Authority
  8. 9. [Omitted]
  9. 10. [Omitted]
  10. 11. [Omitted]
  11. 12. [Omitted]
  12. 13. [Omitted]
  13. 14. [Omitted]
  14. 15. [Omitted]
  15. 16. [Omitted]
  16. 17. [Omitted]
  17. 18. Declaration of planning areas, their amalgamation, sub-division, etc.
  18. 19. Power to withdraw planning area from operation of the Act.
  19. 20. Constitution of Planning and Development Authority.
  20. 21. Term of office and conditions of service of the Chairman and members of Planning and Development Authority.
  21. 22. Functions and powers of Planning and Development Authorities.
  22. 23. Meetings of Planning and Development Authority.
  23. 24. Temporary association of persons with the Planning and Development Authority for particular purposes.
  24. 25. Staff of Planning and Development Authority.
  25. 26. Preparation of map and register showing present land use.
  26. 27. Notice of preparation of map and register.
  27. 28. Power of Government to prepare the map and register.
  28. 29. Preparation of Outline Development Plan.
  29. 30. Contents of Outline Development Plan.
  30. 31. Preparation of Comprehensive Development Plan.
  31. 32. Contents of Comprehensive Development Plan.
  32. 33. Power of Government to prepare Development Plan.
  33. 34. Consent of Government to the publication of notice of preparation of Development Plan.
  34. 35. Public notice of the preparation of the Development Plan.
  35. 36. Approval by Government.
  36. 37. Coming into operation of Development Plan.
  37. 37A. Change of land use from the Outline Development Plan.
  38. 38. Appeal.
  39. 39. Alteration of Development Plan and making of minor changes.
  40. 40. Suspension of Development Plan in emergency by Government.
  41. 41. Power to acquire land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
  42. 41A. Acquisition of land by according transferable development right.
  43. 41B. Acquisition by way of accommodation reservation.
  44. 41C. Preservation of natural reserves and resources for posterity.
  45. 42. Land use to conform to Development Plan.
  46. 42A. Setting up of Eco Tourism Activities.
  47. 43. Prohibition of Development without payment of development charges and without permission.
  48. 44. Grant of permission.
  49. 45. Appeal against orders passed or omitted to be passed under section 44
  50. 46. Validity of permission
  51. 68. Consideration of objections and submission of scheme to the Government for approval.
  52. 69. Effect of final scheme.
  53. 70. Determination of certain matters by the Planning and Development Authority.
  54. 71. Appeal.
  55. 72. Constitution of Tribunal of Appeal.
  56. 73. Place where Tribunal may sit.
  57. 74. Chairman to decide all questions of law and procedure.
  58. 75. Powers of Tribunal to decide matter finally.
  59. 76. Tribunal not to be court.
  60. 77. Remuneration of assessors and payment of incidental expenses of Tribunal.
  61. 78. Decision of Planning and Development Authority to be final in certain matters.
  62. 94. Provisions for cases in which value of developed plots is less than the amount payable by owner.
  63. 95. Payment by adjustment of accounts.
  64. 96. Payment of net amount due to Planning and Development Authority.
  65. 97. Power of Planning and Development Authority to make agreements.
  66. 98. Recovery of arrears.
  67. 99. Power to borrow money for Development Plan for making or execution of a town planning scheme.
  68. 100. Levy of Development Charge.
  69. 100A. Levy of processing fees for change of Zone.
  70. 101. Rates of development charge.
  71. 101A. Rate of processing fees for change of Zone.
  72. 102. Assessment of Development charge.
  73. 103. Appeals against assessment.
  74. 104. Development Charge to be a charge on land and to be recoverable as arrears of land revenue.
  75. 105. Fund of Planning and Development Authority.
  76. 105A. Power of Authority to borrow money.
  77. 105B. Priority of payment for interest and repayment of loan.
  78. 106. Budget of the Planning Authority.
  79. 107. Accounts and Audit.
  80. 108. Annual Reports.
  81. 109. Pension and Provident Funds.
  82. 110. Power of entry.
  83. 111. Service of notices, etc.
  84. 112. Public notice how to be made known.
  85. 113. Notices etc. to fix reasonable time.
  86. 114. Authentication of orders and documents of the Prescribed Authority and the Planning and Development Authority.
  87. 115. Authentication of plans and schemes and custody thereof.
  88. 116. Mode of proof of records of Prescribed Authority and the Planning and Development Authority.
  89. 117. Restriction on the summoning of officers and servants of the Prescribed Authority and Planning and Development Authority.
  90. 118. Right to appear by recognised agent.
  91. 119. Power to compel attendance of witness etc.
  92. 120. Jurisdiction of courts.
  93. 121. Bar of legal proceedings.
  94. 122. Offences by companies.
  95. 123. Penalty for obstructing contractor or removing mark.
  96. 124. Sanction of prosecution.
  97. 125. Composition of offence.
  98. 126. Magistrate's power to impose enhanced penalties.
  99. 127. Fine when realised to be paid to the Planning and Development Authority.
  100. 128. Members and officers to be public servants.
  101. 129. Finality of orders.
  102. 130. Validation of acts and proceedings.
  103. 131. Power to delegate.
  104. 132. Control by the Government.
  105. 133. Returns and information.
  106. 134. Effect of other laws.
  107. 140. Power to make rules (continuation from preceding sections)
  108. 141. Power to make regulations
  109. 142. Repeal
  110. 30(2). Outline Development Plan
  111. 30(3). Outline Development Plan
  112. 30(4). Outline Development Plan
  113. 30(5). Outline Development Plan
  114. 50A. Cancellation of permission on ground of material misrepresentation, fraudulent statement or information. Cancellation of permission on ground of material misrepresentation, fraudulent statement or information.
  115. 51. Penalty for unauthorised Development, etc. Penalty for unauthorised Development, etc.
  116. 52. Power to require removal of unauthorised development. Power to require removal of unauthorised development.
  117. 53. Power to stop unauthorised development. Power to stop unauthorised development.
  118. 54. Power to require removal of authorised development or use. Power to require removal of authorised development or use.
  119. 55. Interim provision pending preparation of Development Plan. Interim provision pending preparation of Development Plan.
  120. 56. Making of town planning scheme and its scope. Making of town planning scheme and its scope.
  121. 79. Power to enforce scheme. Power to enforce scheme.
  122. 80. Power of Planning and Development Authority to evict summarily. Power of Planning and Development Authority to evict summarily.
  123. 81. Power to vary scheme on ground of error, irregularity or informality. Power to vary scheme on ground of error, irregularity or informality.
  124. 82. Power to vary or revoke Town Planning Scheme. Power to vary or revoke Town Planning Scheme.
  125. 83. Compensation when the final scheme is varied or revoked and apportionment of costs. Compensation when the final scheme is varied or revoked and apportionment of costs.
  126. 84. Joint town planning scheme. Joint town planning scheme.
  127. 85. Delegation of certain powers of Joint Town Planning Authority. Delegation of certain powers of Joint Town Planning Authority.
  128. 86. Costs of a scheme. Costs of a scheme.
  129. 87. Calculation of increment. Calculation of increment.
  130. 88. Contribution towards costs of scheme. Contribution towards costs of scheme.
  131. 89. Certain amount to be added or deducted from contribution leviable from a person. Certain amount to be added or deducted from contribution leviable from a person.
  132. 90. Transfer of right from original to reconstituted plot or extinction of such right. Transfer of right from original to reconstituted plot or extinction of such right.
  133. 91. Compensation in respect of property or right injuriously affected by scheme. Compensation in respect of property or right injuriously affected by scheme.
  134. 92. Exclusion or limitation of compensation in certain cases. Exclusion or limitation of compensation in certain cases.
  135. 93. Provision for cases in which amount payable to owner exceeds amount due from him. Provision for cases in which amount payable to owner exceeds amount due from him.

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