Chapter VII DISPUTED OWNERSHIP, PRELIMINARY SCHEMES AND FINAL SCHEME, ITS SANCTION AND ENFORCEMENT

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 authority has declared under section 29 its intention to make a town planning scheme and any entry in the Record of Rights or Mutation Register relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the Planning Authority or the Town Planning Officer, at any time prior to the date on which the Town Planning Officer draws up the final scheme under sub-section (1) of section 38, by such officer as the State Government may appoint for the purpose of deciding who shall be deemed to be the owner for the purposes of this Act.
2. (2) Such decision shall not be subject to an appeal but it shall not operate as a bar to a regular suit.
3. (3) Such decision shall, in the event of a Civil Court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable, after such decree has been brought to the notice of the Planning Authority or the Town Planning Officer either by the Civil Court or by some person affected by such decree.

If a draft scheme as sanctioned by the State Government under section 34 contains any of the following works,-

1. (i) construction or alteration of bridges,
2. (ii) roads, open spaces, gardens and recreation grounds,
3. (iii) drainage, inclusive of sewage, surface drainage and sewage disposal,
4. (iv) water supply,
5. (v) any other work which, in the opinion of the Town Planning Officer, is for a public purpose, the Town Planning Officer shall, on the application of the Planning Authority, prepare in regard to such scheme in the prescribed manner a preliminary scheme in accordance with the provisions of section 38: Provided that it shall not be necessary for the Town Planning Officer at this stage to exercise the powers referred to in clauses (c), (d), (e), (f), (g), (h), (i), (j), (k), (m) and (n) of sub-section (1) of section 38.

1. (1) Where a Planning Authority thinks that, in the interest of the public, it is necessary to undertake forthwith any of the works referred to in section 43 and included in a preliminary scheme, the Planning Authority shall make an application through the Director to the State Government to vest in it the land shown in the preliminary scheme.
2. (2) The State Government, if satisfied, that it is urgently necessary in the public interest to empower the Planning Authority to enter on the land for the purpose of executing any of the works aforesaid, may direct the Town Planning Officer, by notification, to take possession of the land and may also fix the period during which the execution of the said works shall be completed: Provided that the period so fixed may for sufficient reasons be extended from time to time.
3. (3) The Town Planning Officer shall then give a notice in the prescribed manner to the person interested in the land requiring him to give possession of his land to the Town Planning Officer or any person authorised by him in this behalf within a period of one month from the date of service of notice and if no possession is delivered within the period specified in the notice, the Town Planning Officer shall take possession of the land and shall hand over the land to the Planning Authority. Such land shall thereupon vest absolutely in the Planning Authority free from all encumbrances.
4. (4) If the Town Planning Officer is opposed or impeded in taking possession of the land under sub-section (3) he shall request the District Magistrate or any First Class Magistrate having jurisdiction to enforce the delivery of possession of the land to him. 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 Town Planning Officer. 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 by the Town Planning Officer under this section shall be entitled to an interest at the rate of 4 per cent per annum on the amount of compensation payable to him under this Act in respect of the said land from the date on which such possession is taken till the date on which the final scheme in which such land is included comes into force or till the land is restored to the owner under sub-section (6), as the case may be.
6. (6) If the Planning Authority has not executed any works on the land for which the land was vested in the Planning Authority under sub-section (3) within the period fixed under sub- section (2), the Town Planning Officer 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 person interested therein.

1. (1) Within a period of three months from the date of receipt of the final scheme from the Director under sub-section (2) of section 41, the State Government may, by notification, sanction the scheme or refuse to give such sanction, provided that in sanctioning the scheme the State Government may make such modifications as may, in its opinion, be necessary for the purposes of correcting any error, irregularity or informality.
2. (2) If the State Government sanctions such scheme, it shall state in the notification,-
   • (a) the place at which the final scheme is kept open to inspection by the public;
   • (b) the price at which copies may be obtained;
   • (c) a date (which shall not be earlier than one month after the date of publication of the notification) on which all the liabilities created by the scheme shall take effect and the final scheme shall come into force: Provided that the State Government may, from time to time postpone such date by notification by such period not exceeding three months at a time as it thinks fit.
3. (3) On and after the date fixed in such notification the Town Planning 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 Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Planning Authority free from all encumbrances;
   • (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 Town Planning Officer.
2. (2) On and after the day 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 may, in accordance with the prescribed procedure, be summarily evicted by the Planning Authority.

1. (1) On and after the day on which the final scheme comes into force the Planning 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 provisions 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 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 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 sums due to the Planning 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 with in the erection of any such building or the carrying out of any such building or work, it shall be referred to the State Government or the Director if authorised by the State Government in this behalf, and the decision of the State Government or the Director, as the case may be, shall be final and conclusive and binding on all persons.

1. (1) If after the final scheme has come into force, the Planning Authority considers that the scheme is defective on account of an error, irregularity or informality, the Planning Authority may apply in writing to the State Government through the Director for the variation of the scheme.
2. (2) If on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State 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 clause (a) to (l) of sub-section (2) of section 26, 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 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 State Government through the Director and send a copy thereof to the Planning Authority.
6. (6) After receiving the objections under sub-section (5), the State Government may, after consulting the Director and the Planning 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) Notwith-standing anything contained in section 48, a Town Planning scheme may at any time be varied or revoked by a subsequent scheme made, published and sanctioned in accordance with this Act.
2. (2) The State Government,-
   • (a) on the application of the Planning Authority, or
   • (b) of its own motion, after making such enquiry as it deems fit and after giving the Planning Authority an opportunity to be heard, may at any time, after consulting the Director, 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 day on which 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 such scheme shall be entitled to receive compensation from the Planning Authority, in so far as any such expenditure is rendered abortive by reason of the variation or revocation of such scheme.
2. (2) In the event of sanction to final scheme being refused by the State Government or a final scheme being revoked, the State Government may direct that the costs of the scheme shall be borne by the Planning Authority or be paid to the Planning Authority by the owners concerned, in such proportion as the State Government may in each case determine.

1. (1) When two or more Planning Authorities are of opinion that the interests of contiguous areas within their respective jurisdictions can best be served by the making of a Joint Town Planning scheme, and the State Government agrees with such opinion, a Joint Town Planning Board shall be constituted.
2. (2) Such Board shall consist of representatives of each of the several Planning Authorities duly elected in the prescribed manner and of persons nominated by the State Government.
3. (3) Such Board, when duly constituted, shall make a declaration of the intention to make a Joint Town Planning Scheme in respect of the contiguous areas in the manner provided in section 29, and thereafter the Board shall have all the powers and be liable to all the duties of the Planning Authority under this Act and all the provisions in respect of procedure shall apply, so far as may be applicable.
4. (4) The draft joint town planning scheme shall specify the parts of the scheme to be executed by the several Planning 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 are separate schemes: Provided that any part of a Joint Town Planning Scheme may be executed jointly by two or more Planning Authorities.

A Joint Town

Planning Board may, by order in writing, direct that all or any of the powers conferred on it by section 35, sub-section (2) of section 46 and section 47 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 Board may specify in the order.

Every party to any proceeding before the

Town Planning Officer or the Officer to whom under section 52, the Joint Town Planning Board has delegated its powers, shall be entitled to appear either in person or by his recognised agent.

For the purposes of this Act, an

officer appointed under sub-section (1) of section 42, or a Town Planning Officer or an Officer to whom the Joint Town Planning Board has under section 52 delegated its powers, may summon and enforce the attendance of witnesses including the parties interested or

any of them and compel them to give evidence and compel the production of documents by the same means and, as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.

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1. Chapter No. and Heading omitted by Act 14 of 1964 w.e.f. 26.03.1964.

1. (1) The costs of a Town Planning scheme shall include,—
   • (a) all sums payable by the Planning 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 Planni ng Authority in the making and in the execution of the scheme;
   • (c) all sums payable as compensation for land reserved or designated for any public purpose or purpose of the Planning Authority, which is solely beneficial to the owners or residents within the area of the scheme;
   • (d) such portion of the sums payable as compensation for land reserved or designated for any public purpose or purpose of the Planning 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 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 the declaration of intention to make a 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 the 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 defined 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 the scheme shall be met wholly or in part by a contribution to be levied by the Planning 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 Town Planning Officer: Provided that,—
   • (a) no such contribution shall exceed one-third of the increment estimated by the Town Planning Officer to accrue in respect of such plot;
   • (b) where a plot is subject to a mortgage with possession or to a lease, the Town Planning Officer shall determine in what proportion the mortgage or lessee on the one hand and the mortgagor or lessor on the other hand, shall pay such contribution;
   • (c) no such contribution shall be levied on a plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is solely for the benefit of owners or residents within the area of the scheme; and
   • (d) the contribution levied on a plot used, allotted or reserved for a public purpose or purpose of the Planning 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 thereon 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 contributions 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 31 and without reference to improvements contemplated in the scheme other than improvements due to the alterations of its boundaries.

Any right in an original plot which in the opinion of the Town Planning Officer 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 Town Planning Officer 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.

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 Town Planning Officer within the prescribed time, be entitled to obtain compensation in respect thereof from the Planning Authority or from any person benefited or partly from the Planning Authority and partly from such person as the Town Planning Officer may in each case determine:

Provided that the value of such property or right shall be held to be its market value on the date of the declaration of intention to make a scheme or the date of a notification under section 31 without reference to improvements contemplated in the scheme.

1. (1) No compensation shall be payable in respect of any property or private right of any sort 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, no compensation is payable for such injurious affection.
2. (2) Property or a private right of any sort shall not be deemed to be injuriously affected by reason of any provision inserted in a Town Planning scheme, which, with a view to securing the amenity of the area included in such scheme or any part thereof, imposes any conditions and restrictions in regard to any of the matters specified in clause (j) of sub-section (2) of section 26.

If the owner of a original plot is not provided with a plot in the final scheme or if the contribution to be levied from him under section 57 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 Authority in cash or in such other way as may be agreed upon by the parties.

(1) If, from any cause, the total amount which would be due to the Planning 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 Town Planning Officer shall, at the request of the Planning Authority, direct the owner of such plot to make payment to the Planning Authority of the amount of such excess.

1. (2) If such owner fails to make such payment within the prescribed period, the Town Planning Officer shall, if the Planning Authority so requests, acquire the original plot of such defaulter and apportion the compensation among the owner and other persons interested in the plot on payment by the Planning Authority of the value of such plot 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 31 and without reference to improvements contemplated in the scheme, and thereupon the plot included in the final scheme shall vest absolutely in the Planning Authority free from all encumbrances, but subject to the provisions of this Act: Provided that the payment made by the Planning Authority on account of the value of the original plot shall not be included in the costs of the scheme.

All payments due to be made to any person

by the Planning Authority under this Act shall, as far as possible be made by adjustment in such person’s account with the Planning 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 way as may be agreed upon by the parties.

1. (1) The net amount payable under the provisions of this Act by the owner of a plot included in the final scheme may, at the option of the contributor, be paid in lump sum or annual instalments not exceeding ten. If the owner elects to pay the amount by instalments, interest at four and a half 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 instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make an election as aforesaid.
2. (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 Authority agree to a different method of distribution.

1. (1) A Planning 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 State 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) Such agreement shall not in any way affect the duties of the Town Planning Officer as described in Chapter VI or the rights of third parties, but it shall be binding on the parties to the agreement notwithstanding any decision that may be made by the Town Planning Officer: Provided that, if the agreement is modified by the State Government, either party shall have the option of avoiding it if it so elects.

1. (1) Any sum due to the Planning 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 State Government thereon.
2. (2) Any sum due to the Planning Authority under this Act or any regulation made thereunder which is not paid on the date fixed by the Planning Authority, of which due notice is given in this behalf, shall be recoverable by the Planning Authority by distress and sale of the goods and chattel of the defaulter as if the amount thereof were a property tax due by the defaulter.
3. (3) In lieu of the recovery of the dues of the Planning Authority in the manner provided in sub-section (2) or after recovering part of the dues of the Planning 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 Authority may, for the purpose of an outline or comprehensive development plan or the making or execution of a Town Planning scheme, borrow loans in accordance with the provisions of the Act under which the Planning Authority as a local authority is constituted or if such Act does not contain any provision for such borrowing in accordance with any other law for the time being in force.
2. (2) Any expense incurred by a Planning Authority or the State Government under this Act or in connection with an outline or comprehensive development plan or a Town Planning scheme, may be defrayed out of the funds of the Planning Authority.