Contents of draft scheme.

Making and contents of a town planning scheme. 40.

1[(1) Subject to the provision of this Act or any other law for the

time being in force, the appropriate authority may make one or more town planning schemes for the development area regard being had to the proposals in the final development plan and the diections issued by a general or special order by the State Government from time to time if any.

Provided further that where any town planning scheme is not made for any specific area, adjacent to any town planning scheme the owners or the lands of such area, may make a request to the concerned authority to make a town planning scheme.]

Provided that the State Government may in this behalf direct by specific or general order to make town planning scheme to the concerned authority :

1. (2) 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; 2[(ii) likely to be used for residential or commercial or industrial or for building purposes; or]
   • (iii) already built upon. Explanation. - For the purpose of this sub-section the expression "land likely to be used for building purposes" shall include any land likely to be used as, or for the purpose of providing, open spaces, roads, streets, parks, pleasure or recreation grounds, parking spaces or for the purpose of executing any work upon or under the land incidental to a town planning scheme, whether in the nature of a building work or not.
2. (3) A town planning scheme may make provision for any of the following matters, namely :—
   • (a) the laying out or relaying out of land, either vacant or already built upon;
   • (b) the filling up or reclamation of low-lying, swampy or unhealthy areas, or leveling up of land;
   • (c) lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;
   • (d) the construction, alteration and removal of buildings, bridges and other structures;
   • (e) the allotment or 3[earmarked] of land for roads, open spaces, gardens, recreation grounds, schools, markets, green-belts, dairies, transport facilities, public purposes of all kinds;
   • (f) drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal;
   • (g) lighting;
   • (h) water supply;
     • (i) the preservation of objects of historical or national interest or natural beauty, and of buildings actually used for religious purposes;
   • (j) the reservation of land to the extent of ten per cent. or such percentage as near thereto as possible of the total area covered under the scheme, for the purpose of providing housing accommodation to the members of socially and economically backward classes of people 4[and of such other class of people as may be determined by the State Government]; 1. Sub-section (1) was substituted by Guj. 11 of 2014, s.13 (1). 2. Clause (ii) was substituted by Guj. 4 of 1986, s. 2 (a). 3. This word was substituted for the word "reservation" by Guj. 11 of 2014, s.13 (2)(a). 4. These words were added, ibid., s.13(2)(b). l [ 2[(jj) (a) allotment of land from the total area covered under the scheme, to the extent of,-
     • (i) fifteen per cent. for roads,
     • (ii) five per cent. for parks, play grounds, gardens and open space,
     • (iii) five per cent. for social infrastructure such as school, dispensary, fire brigade, public utility place as earmarked in the 3[also for industrial development, and] Draft Town Planning Scheme, and
     • (iv) fifteen per cent. for sale by appropriate authority for residential, commercial or industrial use depending upon the nature of development : Provided that the percentage of the allotment of land

specified in paragraphs (i) to (ii i) may be altered depending

upon the nature of development and for the reasons to be recorded in writing;

1. (b) the proceeds from the sale of land referred to in para (iv) of sub-clause (a) shall be used for the purpose of providing infrastructural facilities ;
2. (c) the land allotted for the purposes referred to in

paragraphs (ii) and (iii) of sub-clause (a) shall not be

changed by variation of schemes for the purposes other than public purpose;]]

1. (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 building allowed in specified areas, the purposes to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of lands in any area in specified periods, parking space and loading and unloading space for any building and the sizes or locations of projections and advertisement signs;
2. (l) the suspension, so far as may be necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend : Provided that any suspension under this clause shall cease to operate in the event of the State Government refusing to sanction the preliminary scheme, or in the event of the withdrawal of the scheme under section 66, or on the comming into force of the final scheme;
3. (m) such other matters not inconsistent with the objects of this Act as may be prescribed. 41. (1) Before making any town planning scheme under the provisions of this Act in respect of any area, the appropriate authority in consultation with the Chief Town Planner may, by resolution, declare its intention to make such a scheme in respect of such area. Power of appropriate authority to resolve on declaration of intention to make scheme.

3. These words were substuted for the words "Draft Town Planning Scheme, and" by Guj. 11 of 2014, s. 13(2)(c).

1. (2) Within twenty-one days from the date of such declaration (hereinafter referred to as the declaration of intention to make a scheme), the appropriate authority shall publish it in the prescribed manner and shall dispatch a copy thereof along with a plan showing the area which it proposes to include in the town planning scheme to the State Government.
2. (3) A copy of the plan dispatched to the State Government under sub-section (2) shall be open to the inspection of the public during office hours at the office of the appropriate authority. Making and publication of draft scheme.

42. (1) Within

1[nine months] from the date of the declaration of intention to make a scheme under section 41, the appropriate authority shall make a draft scheme of the area in respect of which the said declaration has been made and publish the same in the Official Gazette, along with the draft regulations for carrying out the provisions of the scheme:

Provided that on application by the appropriate authority in that behalf, the State Government may, from time to time, by notification, extend the aforesaid period by such period or periods, as may be specified,

therein so however, that the period or periods so extended shall not in any

case exceed

2[three months] in the aggregate.

1. (2) If the draft scheme is not made and published by the appropriate authority within the period specified in sub-section (1) or within the

period extended under the proviso to that sub-section, an officer

appointed by the State Government may make and publish in the Official Gazette, a draft scheme for the area in respect of which the declaration of intention to make the scheme has been made

within a period of nine months from the date of the expiry of the

aforesaid period, or the extended period, as the case may be.

1. (3) If such publication is not made by the officer appointed under sub-section (2), the declaration of intention to make a scheme shall lapse and for a period of three years from the date of such declaration, it shall not be competent for the appropriate authority to declare its intention to make any town planning scheme for the said area or for any part thereof. Power of State Government to require 43. (1) Notwithstanding anything contained in sections 41 and 42, the State Government may, after making such inquiry as it deems necessary, by H-86-7 appropriate authority to make Scheme. notification, require any appropriate authority functioning within a development area to make and publish in the prescribed manner and submit for its sanction a draft scheme in respect of any area in regard to which a town planning scheme may be made.
2. (2) For the purposes of this Act and the rules made thereunder, the requisition under sub-section (1) by the State Government shall be deemed to be the declaration of intention to make a scheme under section 41.

The draft scheme shall contain the following particulars, namely:-

1. (a) the area, ownership and tenure of each original plot;
2. (b) the particulars of land allotted or reserved under clause (e) of sub-section (3) of section 40 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;
3. (c) the extent to which it is proposed to alter the boundaries of original plots;
4. (d) an estimate of the net cost of the scheme to be borne by the appropriate authority;

1. These words were substituted for the words "twelve months" by Guj. 2 of 1999, s. 13 (a).

2 These words were substituted for the words "six months" ibid.,. s. 13 (b).

1. (e) a full description of all the details of the scheme under sub- section (3) of section 40 as may be applicable;
2. (f) the laying out or relaying out of land either vacant or already built upon;
3. (g) the filling up or reclamation of low-lying, swampy or unhealthy areas or leveling up of land; and
4. (h) any other prescribed particulars. 45. (1) In the draft scheme referred to in section 44, the size and shape of every plot shall be determined, so far as may be, to render it suitable for building purposes and where the plot as already built upon, to ensure that the building, as far as possible, complies with the provisions of the scheme as regards open spaces. Reconstitution of plots.

1. (2) For the purposes of sub-section (1), the draft scheme may contain proposals-
   • (a) to form a final plot by the reconstitution of an original plot by the alteration of its boundaries, if necessary;
   • (b) to form a final plot from an original plot by the transfer of any adjoining lands;
   • (c) to provide with the consent of the owners that two or more original plots which are owned by several persons or owned by persons jointly be held in ownership in common as a final plot, with or without alteration of boundaries;
   • (d) to allot a final plot to any owner dispossessed of land in furtherance of the scheme; and
   • (e) to transfer the ownership of a plot from one person to another.
2. (3) Whereunder clause (k) of sub-section (3) of section 40, the purpose to which buildings or specified areas may not be appropriated have been specified, the buildings shall cease to be used for a purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme and the person affected by the provision shall be entitled to compensation from the appropriate authority in the manner and according to the method prescribed :