(1) The costs of a town planning scheme shall include-

Preparation, sanction etc. of local area plan.

76A. (1) Subject to the provisions of this Act or any other law for the time being in force, the appropriate authority may make one or more Local Area Plan for the development area or any part thereof, regard being had to the proposals in the final development plan, if any.

1. (2) The Local Area Plans may be made in respect of any land which is a part-of the sanctioned preliminary scheme or not. However, before making the Local Area Plan, the appropriate authority shall publish in the Official Gazette, the boundaries of area for which the Local Area Plan is to be made and in the local newspapers: 1. Chapter V-I was inserted by Guj. 11 of 2014, s. 19. Provided that for maifig the Local Area Plan in respect of any land which is not apart of the sanctioned preliminary scheme, the prior permission of the State Government shall be necessary.
2. (3) The Local Area Plan may provide provisions for any of the following matters, namely:-
   • (a) define and provide for the complete road and street pattern for the present and in the future and indicate the traffic circulation;
   • (b) lay down in detail the projected road and street funiture;
   • (c) access, make projection for the future requirements of amenities, services and utilities such as transport, electricity, water, drainage, plantation and land scape;
   • (d) prescribe in detail the foot print, height and building envelope, control over architectural features including elevation and frontage, numbers of stories, size of buildings, courtyard, pickup and drop off points, entry points to.the basement, parking and such other requirement to integrate the building envelope in the vicinity;
   • (e) indicate the phasing of the program of development and the cost of development and the share to be paid by each owner or the beneficiary;
   • (f) access the cost of works to be provided by the appropriate authority and the contribution of fees to be paid by different owners;
   • (g) make such provisions as are necessary which are enumerated in clause (m) of sub-section
3. (2) of section 12;
   • (h) indicate in the plan and other document, the land which shall vest with the appropriate authority.
4. (4) The appropriate authority, after making the draft Local Area Plan, shall-
   • (a) for the purpdse of making the Local Area Plan call a meeting or meetings of the persons affected by the Local Area Plan, by a public notice and notices to the individuals whose addresses are known, and explain the contents of the Local Area Plan for invited their objections and suggestions on the said proposal.
   • (b) Consider the objections and suggestions received under sub clause (a), and modify the plan as it thinks fit and publish it in the Official Gazette, inviting objections and suggestions from the person affected by the Local Area Plan within a period of thirty days.
5. (5) The appropriate authority may consider the objection and suggestions received under clause (b) of sub-section (4) and modify the plan if necessary and thereafter, the same shall be submitted to the State Government along with objection and suggestions; and its conclusion thereon.
6. (6) On receipt of the draft Local Area plan under sub-section (5), the State Government may, by notification,-
   • (a) sanction such local area plan with or without modification or subject to such conditions as it may think fit to impose; or
   • (b) return the plan to the appropriate authority with directions as it may think fit; or
   • (c) refuse to accord sanction]

Costs of Scheme.

1. (a) all sums payable by the appropriate authority under the provisions of this Act, which are not specifically excluded from the costs of the scheme;
2. (b) all sums spent or estimated to be spent by the appropriate authority in the making and execution of the scheme : 1[Provided that the estimates shall be with reference to the period during which the preliminary scheme is to be implemented after it is sanctioned under section 65];
3. (c) all sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the appropriate authority which is solely beneficial to the owners of land or residents within the area of the scheme;
4. (d) such portion of the sums payable as compensation for land reserved or designated for any public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public, as is attributable to the benefit accruing to the owners of land or residents within the area of the scheme from such reservation or designation;
5. (e) all legal expenses incurred by the appropriate authority in the making and in the execution of the scheme;
6. (f) any amount by which the total amount of the values of the original plots exceeds the total amount of the values of the plots included in the final scheme, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme, with all the buildings and works thereon at the said date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries; 2[(g) twenty percent of the amount of the cost of infrastructure provided in the area adjacent to the area of the scheme as is necessary for the purpose of and incidental to the scheme.]

1. (2) If in any case the total amount of the values of the plots included in the final scheme exceeds the total amount of the 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 defined in sub-section (1). 1. This proviso was added by Guj. 4 of 1986, s. 3 (a).

2. Clause (g) was inserted, ibid., s. 3. (b)