Chapter VI Preparation of Development Plans

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 Board, 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. (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 high-ways, 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, 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. 64[(e) indicate and provide for proposal for transferable development right, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development.]
2. (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.
3. (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. 65[(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 through the Board 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. (1) A Comprehensive Development Plan shall—
   • (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 or the Board 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.
2. (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). 66[(c) indicate and provide proposal for transferable development right, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development.]
3. (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) If a Development Plan is not prepared, published and submitted to the Government by a Planning and Development Authority within the period specified in section 29 or section 31, as the case may be, or within the period extended under the proviso to the said sections 68[or if the Government is of the opinion that such a plan is needed to be prepared by the 69[Chief Town Planner (Planning)], the Government may authorise the 70[Chief Town Planner (Planning)] to prepare such plan and direct the cost thereof to be recovered from the Planning and Development Authority concerned out of its funds.

1. (2) The 71[Chief Town Planner (Planning)] shall, if so authorised under sub-section (1), prepare a Development Plan and submit it to the Board and the Board shall follow in respect of the plan so prepared such procedure and exercise such powers as a Planning and Development Authority would follow or exercise in respect of a Development Plan prepared by it.

1. (1) As soon as may be, after a Development Plan has been submitted to the Government, but not later than the time prescribed, the Government may direct the Planning and Development Authority to make such modifications in the Development Plan as it thinks fit and thereupon the Planning and Development Authority shall make such modifications.
2. (2) The Government shall, after the modifications, if any, directed by it, have been made, give its approval to the publication of the notice of preparation of a Development Plan under section 35.

1. (1) As soon as may be, after the approval of the Government is obtained under section 34, the Planning and Development Authority shall publish, by notification, and also in one or more local newspapers, of the preparation of the Development Plan, indicating therein the place or places where copies of the same may be inspected, and inviting objections in writing to the Development Plan within such period as may be specified in the notice: Provided that such period shall not be less than two months from the date of publication of the notification.
2. (2) The publication of a notification under sub-section (1) shall, not with standing anything contained in the Land Acquisition Act, 1894, be deemed to be a notification duly made under section 4 of the said Act. Central Act 1 of 1894.
3. (3) After the expiry of the period specified in the notification made under sub-section (1), the Planning and Development Authority shall appoint a Committee consisting of the Town Planning Officer and not more than two of its other members, to consider the objections received under sub-section (1) and to report within such time as the Planning and Development Authority may fix in this behalf, with regard to the merits or otherwise of the objections.
4. (4) The Committee appointed under sub-section (3) shall have power to co-opt any other person and any person so co-opted shall have a right to take part in the meetings or the Committee, out shall not have a right to vote.
5. (5) The Committee so appointed shall afford a reasonable opportunity of being heard to any person, including representatives of Government Departments or local authorities, who has submitted any objection and who has made a request for being so heard.
6. (6) As soon as may be, after the receipt of the report from the Committee, but not later than the time prescribed by the rules, the Planning and Development Authority shall consider such report and may make such alterations or modifications in the Development. Plan as it considers proper, and shall submit the Development Plan with or without alterations or modifications together with the report of the Committee to the Board and to the Government.

As soon as may be, after the submission of the

Development Plan under sub-section (6) of section 35, but not later than the time prescribed, the Government, may, after consulting the Board, either approve the Development Plan or approve it, with such alterations or modifications as it may consider necessary, or may return the Development Plan to the Planning and Development Authority to alter or modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf.

1. (1) The Planning and Development authority shall immediately after the Development Plan has been approved by the Government, publish by notification, and also in one or more local newspapers, of the approval of the Development Plan, indicating therein the place or places where copies of the Development Plan may be inspected.
2. (2) The publication by notification of the approval of the Development Plan shall, notwithstanding anything contained in the Land Acquisition Act, 1894, be deemed to be a declaration duly made under section 6 of the said Act. Central Act 1 of 1894
3. (3) The Development Plan shall come into operation from the date of publication of the notification under sub-section (1).
4. (4) After the coming into operation of the Comprehensive Development Plan, the Outline Development Plan shall stand altered or modified to the extent the proposals contained in the Comprehensive Development Plan are at variance with the Outline Development Plan.

1. (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, namely:—
   • (i) that it is not within the powers conferred by this Act, or
   • (ii) that any requirement of this Act or of any rules made thereunder had not been complied with in relation to the making of such Development Plan.
2. (2) The District Court, after giving an opportunity of being heard to the applicant, Planning and Development Authority concerned, Board and Government may—
   • (i) stay, until the final determination of the proceedings, the operation of the Development Plan or the provisions contained therein, in so far as it affects any property of the applicant; and
   • (ii) quash, if it is satisfied that the Development Plan or any provisions contained therein are not within the powers conferred by this Act, or the rules made thereunder, or that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Act or of the rules, the Development Plan or any provisions contained therein generally or in so far as they affect the property of the applicant.
3. (3) Subject to the provisions of sub-sections (1) and (2), a Development Plan shall not, either before or after it has been approved, be questioned in any manner, in any legal proceedings whatsoever.

1. (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 Board and the Government, prepare after consultation with the local authorities concerned, if any, and submit to the Board and the Government, a Development Plan for any alterations or additions considered necessary to the Development Plan in operation.
2. (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. (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.

1. (1) Notwithstanding anything contained in this Act, the Chief Town Planner (Planning) upon direction of the Government or on receipt of an application in this regard and with approval of the Board, may, from time to time, alter or modify the Regional Plan and /or the Outline Development Plan to the extent as specified in sub-section (2) for carrying out change of zone of any land therein, in such manner as prescribed, after giving notice of 30 days inviting suggestions from the public, provided the change of zone shall not be in respect if any eco sensitive land as may be prescribed.
2. (2) The alteration or modification carried out under sub-section (1) shall not alter the overall character of the existing Regional Plan and/or the Outline Development Plan.]

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 Land Acquisition Act, 1894, and may be acquired in accordance with the provision of that Act.

Central Act 1 of 1894.

1. (1) The Planning and Development Authority, municipal corporation, 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. (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. (1) A Planning and Development Authority, municipal corporation, 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 Regional Plan or Development Plan, by way of accommodation reservation, in such manner as may be prescribed.
2. (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 corporation, 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 Regional Plan or 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.]