Chapter VIII Town Planning Schemes

1. (1) Subject to the provisions of this Act, a Planning and Development Authority may for the purpose of implementing the proposals contained in the Development Plan, make one or more town planning schemes for the area 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. (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 levelling 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 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 or Plots, the discontinuance of objectionable uses or 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
   • (k) such other matters not inconsistent with the objects or this Act as may be prescribed.

1. (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. (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. (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. (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. (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. (2) The publication of a notification under sub-section (1) shall, notwithstanding 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.

A draft town planning scheme shall contain the following particulars, namely:—

1. (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;
2. (b) the extent to which it is proposed to alter the boundaries of original plots;
3. (c) an estimate of the net cost of the scheme to be borne by the Planning and Development Authority;
4. (d) a full description of all the details of the scheme under such clauses of sub-section (2) of section 58 as may be applicable;
5. (e) the laying out or re-laying out of the land either vacant or already built upon;
6. (f) the filling up or reclamation of low-lying swamp or unhealthy areas, or levellingup of land; and
7. (g) any other prescribed particulars.

1. (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 regard open spaces.
2. (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 severally 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.

1. (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. (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 under any Act of the 94[Legislative Assembly of Goa] or any of the Acts which the 95[Legislative Assembly of Goa] is competent to amend.
2. (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. (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 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. (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. (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. (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. (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 through the Board to vest in it the land shown in such scheme.
2. (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. (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 authorised 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. (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 Chief Judicial Magistrate or any Judicial Magistrate of the First Class 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. (5) The owner of the land the possession of which is taken over by the Planning and Development Authority under this section, shall be entitled to an interest at the rate of four per cent. 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. (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 Board 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 therein.

1. (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.
2. (2) After making such inquiry as it may think fit, the Government may, by notification, direct that the scheme shall be withdrawn; and upon such withdrawal, no further proceedings shall be taken in regard to such scheme.

1. (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. (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. (3) After receiving such application and after making such inquiry as it may think fit, the Government, in consultation with the Board, 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 a fresh draft scheme in accordance with such directions as the Government may issue in this behalf.
4. (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. (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. (6) The publication by notification of the sanction of the final scheme, 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.
7. (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. (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. (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. (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;
2. (1) 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 lessor 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 per cent. 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.
3. (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. (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 Chief town Planner.
   • (b) Any person aggrieved by the decision in appeal of the 96 [Chief Town Planner (Administration)] in matters referred to in clause (a), may appeal, within sixty days from the date of decision of the 97 [Chief Town Planner (Administration)] 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. (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) A 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, shall apply to appeals preferred under this section. Central Act 36 of 1963.

1. (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. (2) The Tribunal shall consist of a Chairman and two assessors.
3. (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. (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. (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. (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 de novo in the presence of the fresh assessors so appointed.

1. (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. (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. (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. (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. (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. (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. (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. (4) Where any variations are made in the final scheme under sub-section (2) or any errors or omissions are rectified under sub-section (3) the Planning and Development Authority shall forward a copy of the final scheme as so varied and rectified to the Government for approval along with copies of the decisions in appeals.

1. (1) On and after the day on which the final scheme comes into 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. (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. (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 98[Chief Town Planner (Administration)] if authorised by the Government in this behalf, and the decision of the Government or the 99 [Chief Town Planner (Administration)], 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 he 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 Chief Judicial 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. (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 through the 100 [Chief Town Planner (Administration)] for the variation of the scheme.
2. (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. (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. (4) The draft variation shall be open to the inspection of the public at the office of the Planning and Development Authority.
5. (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 101 [Chief Town Planner (Administration)] and send a copy thereof to the Planning and Development Authority.
6. (6) On the expiry of the period referred to in sub-section (5), the Government may, after consulting the 102 [Chief Town Planner (Administration)] 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. (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. (1) Notwithstanding 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. (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 and after consulting the 103 [Chief Town Planner (Planning)], 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. (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. (2) In tae 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. (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. (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. (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 be liable to all the duties of the Planning and Development Authority under this Act 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. (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. (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. (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. (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 lessor on the other shall pay such contribution;
   • (e) 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. (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. (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. (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. (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. (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.

from him. — 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.

1. (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 t he 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.

1. (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. (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. (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. (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. (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. (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. (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. (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.

The Planning and Development Authority or the Chief Town Planner (Planning) with the prior approval or upon direction of the Government may engage a consultant or set up special function agency for performance of such specific function consistent with the objects of this Act, where it is of the opinion that such function requires highest level of efficiency.]