Chapter V TOWN PLANNING SCHEMES

1. (1) Subject to the provisions of this Act, a Planning Authority, for the purpose of implementing the proposals in the 1[Master Plan published under sub-section (4) of section 13]1, may make one or more town planning schemes for the area within its jurisdiction or any part thereof.
2. (2) Such town planning scheme may make provisions for 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) lay-out of new streets or roads; construction, diversion, extension, alteration, improvement and stopping up 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, recreation 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;
   • (j) the imposition of conditions and restrictions in regard to the open space to be maintained about 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 or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs;
   • (k) 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;
   • (l) such other matter not inconsistent with the objects of this Act as may be prescribed.

¹ Substituted by Act 1 of 2005 w.e.f. 14.02.2005.

For the purpose of making or execution of any town planning

scheme, any person authorised by the Planning Authority or any public servant or person duly appointed or authorised under this Act, may, after giving such notice as may be prescribed to the owner, occupier or other person interested in any land, enter upon, survey and mark out such land and do all acts necessary for such purpose.

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 course of development,
   • (ii) likely to be used for building purposes, and
   • (iii) already built upon.
2. (2) 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) A Planning Authority having jurisdiction over any such land as is referred to in section 28 or over any such area as is referred to in section 26, may by resolution declare its intention to make a town planning scheme in respect of the whole or any part of such land or such area.
2. (2) Within twenty-one days from the date of such declaration (hereinafter referred to as the declaration of intention to make a scheme), the Planning Authority shall publish it in the prescribed manner and shall despatch a copy thereof to the State Government through the Director.
3. (3) The Planning Authority shall send a plan showing the area which it proposes to include in the town planning scheme to the State Government through the Director.
4. (4) A copy of the plan shall be open to inspection by the public at the office of the Planning Authority.

1. (1) Within twelve months from the date of declaration of intention to make a scheme under section 29, the Planning Authority shall make in consultation with the Director, a draft scheme for the area in respect of which the declaration has been made and publish the same in the prescribed manner: Provided that on application by the Planning Authority in that behalf, the State Government may from time to time, by notification extend the aforesaid period by such period as may be specified not exceeding six months.
2. (2) If the draft scheme is not made and published by the Planning Authority within the period specified or within the period so extended under sub-section (1), the State Government or an officer authorised by the State Government in this behalf may make and publish in the prescribed manner a draft scheme for the area in respect of which the declaration of intention to make a scheme has been made by the Planning Authority within a further period of nine months from the date of the expiry of the extended period.
3. (3) If such publication is not made by the State Government within the further period specified in sub-section (2), the declaration of intention to make a scheme shall lapse, and until a period of three years has elapsed from the date of such declaration, it shall not be competent to the Planning Authority to declare its intention to make any town planning scheme for the same area or for any part of it.

1. (1) Notwithstanding anything contained in sections 29 and 30, the State Government may, in respect of any Planning Authority after making such inquiry as it deems necessary by notification, require the Planning Authority to make and publish in the prescribed manner and submit for its sanction through Director a draft scheme in respect of any land in regard to which a town planning scheme may be made under section 28.
2. (2) For the purpose 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 29.

The draft 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 26 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 Authority;
4. (d) a full description of all the details of the scheme under such clauses of sub-section (2) of section 26 as may be applicable;
5. (e) the laying out or re-laying out of land either vacant or already built upon;
6. (f) the filling up or reclamation of low-lying swamp or unhealthy areas, or levelling up of land; and
7. (g) any other prescribed particulars.

1. (1) In the draft scheme the size and shape of every reconstituted plot shall be determined, so 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 regards open spaces.
2. (2) For the purpose of sub-section (1) the 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 the adjoining lands;
   • (c) to provide that the consent of the owners that two or more original plots each of which is held in ownership in severalty or in joint ownership, shall hereafter with, or without alteration of boundaries, be held in ownership in common as reconstituted plot;
   • (d) to allot a plot to any owner dispossessed of the land in furtherance of the scheme; and
   • (e) to transfer the ownership of a plot from one person to another.

1. (1) If, within one month from the date of publication of the draft scheme under sub-section (1) or sub-section
2. (2) of section 30, as the case may be, any person affected by such scheme communicates in writing to the Planning Authority any objection relating to such scheme, the Planning Authority shall consider such objection and may, at any time before submitting the draft scheme to the State Government, as hereinafter provided, modify such scheme in such manner as it thinks fit.
3. (2) The Planning Authority shall, within four months from the date of its publication under sub-section (1) or sub-section (2) of section 30, submit the draft scheme with any modifications which it may have made therein together with the objections which may have been communicated to it, to the State Government through the Director and shall at the same time apply for its sanction.
4. (3) After receiving such application and after making such inquiry as it may think fit, the State Government, in consultation with the Director, may by notification, within six months from the date of its submission, either sanction such scheme with or without modifications and subject to such conditions as it may think fit to impose, or refuse to give sanction.
5. (4) If the State Government sanctions such scheme, it shall in such notification state at what place and time the draft scheme so sanctioned shall be open to the inspection of the public.

1. (1) On or after the date on which the Planning Authority’s declaration of intention to make a scheme under section 29 or the notification issued by the State Government under section 31 is published,—
   • (a) no person shall within the area included in the scheme erect or proceed with any building work or remove, pull down, alter, make additions to, or make any substantial repair to any building, part of a building, a compound wall or any drainage work or remove any earth, stone or material, or sub-divide any land or change the user of any land or building unless such person has applied for and obtained necessary permission which shall be contained in a commencement certificate granted by the Planning Authority in the form prescribed;
   • (b) the Planning Authority on receipt of such application shall at once furnish the applicant with a written acknowledgment of its receipt and may, after inquiry and in consultation with the Director, either grant or refuse such certificate or grant it subject to such conditions as the Planning Authority may, with the previous approval of the Director, think fit to impose if the Planning Authority communicates no decision to the applicant within three months from the date of such acknowledgment, the applicant shall be deemed to have been granted such certificate;
   • (c) if any person contravenes the provisions contained in clause (a) or clause (b), the Planning Authority may direct such person by notice in writing to stop any work in progress, and after making inquiry in the prescribed manner, remove, pull down, or alter any building or other work or restore the land in respect of which such contravention is made to its original condition;
   • (d) any expenses incurred by the Planning Authority under clause (c) shall be a sum due to such authority under this Act from the person in default or the owner of the plot.
2. (2) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Planning Authority under sub-section (1) except in respect of a building or work begun or a contract entered into before the date on which the Planning Authority published a declaration of intention to make a scheme under section 29 or the State Government published a notification under section 31 and only in so far as such building or work has proceeded at the time of the publication of such declaration or notification: Provided that such claim to compensation in the excepted cases shall be subject to the conditions of any agreement entered into between such person and the Planning Authority.
3. (3) Where under clause (j) of sub-section (2) of section 26 or under a draft scheme under section 32,—
   • (a) the purpose to which any plot of land may not be used has been specified, such plot of land shall, within such period of not less than one year as may be specified in the final scheme, cease to be used for such purpose and shall be used only for the purposes specified in the Scheme;
   • (b) the purpose to which any existing building may not be used has been specified, such building shall, within such period of not less than three years as may be specified in the scheme, cease to be used for the purpose other than the purpose specified in the scheme;
   • (c) the purpose to which any plot of land with existing buildings may not be used has been specified in the scheme and the existence of such buildings is inconsistent with the provisions of the scheme, such buildings shall, within such period of not less than ten years as may be specified in the scheme cease to exist: Provided that such period shall not be less than the reasonable life of the building; No compensation shall be payable for any plot of land or building adversely affected by the making of town planning scheme.
4. (4) Any person aggrieved by the decision of the Planning Authority under this section may, within sixty days from the date of the decision, appeal to the prescribed authority or if no authority has been prescribed, to the State Government and the order of such prescribed authority or State Government in appeal shall be final.
5. (5) The restrictions imposed by sub-sections (1) and (2) shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the final scheme.

1. (1) When a Planning Authority has published a declaration of intention to make a scheme under section 29 or the State Government has published a notification under section 31, the State Government may, by notification, suspend to such extent only 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 State Legislature or any of the Acts which the State Legislature is competent to amend.
2. (2) Any order issued under sub-section (1) shall cease to operate in the event of the State Government refusing to sanction the final scheme or in the event of the coming into force of the final scheme.