Chapter XXII URBAN RENEWAL AND REGIONAL DEVELOPMENT

Power of Board of Councillors to define and alter limit of bustee or slum:

1. (1) The Board of Councillors may, with the sanction of the State Government, declare any area as slum and define the external limits of such slum and may, from time to time, alter such limits.
2. (2) The Board of Councillors shall maintain a list of all slums within the municipal area with such particulars thereof as may be determined by regulation.

Power to prepare improvement schemes:

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Board of Councillors may, subject to the approval of the State Government, prepare such improvement schemes for any slum for the purpose of effecting environmental or general improvement of slums as it may consider necessary, and publish a copy of such scheme in such manner as may be determined by regulation.
2. (2) The improvement scheme may include lay-out plan for the entire slum or part of it, relocation of existing huts or structures on the basis of such lay-out plan, diminution of individual holdings and compulsory acquisition of land or building for the purpose of providing common facilities and amenities in the slum area, temporary shifting or inhabitants and their re-settlement in phased manner with a view to amelioration of the conditions of the inhabitants.
3. (3) While preparing any improvement scheme, the Board of Councillors shall abide by the Development Plan prepared by the State Government under any other law for the time being in force, and shall take into account the activities of other agencies or authorities affecting all or any of the matters referred to in sub-section (2), and may, for such purposes, call for any paper, map, document or data from such agencies or authorities who shall comply with such requisition.
4. (4) The approved improvement scheme shall be binding on the agencies and authorities referred to in sub-section (3), and the owners, occupiers, tenants and other residents within the slum.

Notice for participation of owners and occupiers: After the publication of an approved improvement scheme, under sub-section (1) of section 331, the Board of Councillors shall cause a notice to be served on such owners or occupiers of huts and structures within the slum as are on municipal record, inviting participation in the implementation of the scheme.

Lay-out plan for sanction of erection of hut or structure in a slum: Notwithstanding anything contained elsewhere in this Act, the Board of councillors may require a person intending to erect a hut or structure within a slum to conform to the lay-out plan as may be prepared by the Board of Councillors in respect of any slum or any part thereof.

Removal of congested buildings:

1. (1) Where it appears to the Board of Councillors that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together or the narrowness, closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or any other similar cause, the Chairman shall cause the block to be inspected by a responsible Engineer in the State Government or municipal service who shall make a report in writing regarding the sanitary condition of the block.
2. (2) If, upon receipt of such report, the Board of Councillors consider that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or the neighbourhood or to endanger otherwise the community health or safety, it may select the building which, in its opinion, should wholly or in part be removed in order to abate the unhealthy condition of the block, and may, thereupon, by notice in writing, require the owners of such buildings to remove them within such period as may be specified in the notice: Provided that before issuing the notice, a reasonable opportunity shall be afforded to the owner to show cause why the building should not be removed: Provided further that the Board of Councillors shall make compensation to the owner for any building so removed which may have been erected under proper authority.
3. (3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the period specified in the notice, the Board of Councillors may cause the building to be removed and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.

Power to require improvement of buildings unfit for human habitation:

1. (1) Where the Board of Councillors, upon information in its possession, is satisfied that any building is, in any respect, unfit for human habitation, it may, unless, in its opinion, the building is not capable of being rendered fit at a reasonable expenses, serve upon the owner of the building a notice requiring him to execute the works of improvement specified in the notice within such period, not being less than sixty days, as may be specified in the notice.
2. (2) In addition to the service of notice on the owner of the building under sub-section (1), the Board of Councillors may serve a copy of the notice on any other person having an interest in the building, whether as a lessee or mortgagee or otherwise.
3. (3) If a notice requiring the owner of the building to execute the works of improvement is not complied with, then, after the expiration of the period specified in the notice, the Board of Councillors may execute the works of improvement and recover the expenses incurred in connection therewith as an arrear of tax under this Act.

Area development: Where the Board of Councillors, upon information in its possession, is satisfied as respects any area within a municipal area-

1. (a) that the buildings in that area are, by reason of disrepair or sanitary defects, unfit for human habitation or are, by reason of their bad arrangement or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area, or
2. (b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and reconstruction of the streets and buildings in the area in accordance with an area development programme, it may frame a project in respect of the area in accordance with the rules made in this behalf.

Matters to be provided in an area development project: An area development project may provide for such matters as may be prescribed by rules.

Execution of an area development project:

1. (1) The provisions of this Chapter insofar as they relate to the implementation of an improvement scheme in slum, shall apply mutatis mutandis in the case of execution of an area development project, subject to such directions and reservations as the State Government may by a notification impose.
2. (2) The Board of Councillors may, if it considers necessary and with the sanction of the State Government, provide for corporate funding for execution or maintenance of an area development project and channelise fund through an association of inhabitants or voluntary organisation of the area and also secure financial resources from banks or similar institution to augment such fund which may be administered by such association in accordance with such procedure as may be prescribed.

Power to acquire land or building for orderly growth: Subject to the provisions of this Act, the Board of Councillors may acquire any land or building, whether situated within or outside the municipal area, for the purpose of-

1. (i) opening out any congested or unhealthy area or otherwise improving any portion of the municipality area; or
2. (ii) erecting sanitary dwelling or providing site and services for the working and poorer people; or
3. (iii) executing any development plan or scheme to provide for the growth of the municipal area in an orderly manner, including housing programme for different sections of the community.

Power of Municipality to plan for the region:

1. (1) The State Government may, by notification, declare an area to be an Urban Development Region of a Municipality comprising-
   • (i) the area within the jurisdiction of the Municipality, and
   • (ii) such other fringe areas adjoining and around the municipal area as may be deemed necessary to be included therein by the State Government.
2. (2) Whenever an Urban Development Region of a Municipality has been so declared, the Municipality may prepare a master plan for upgradation of the human settlements within such region.

Preparation of a master plan: A master plan for the Urban Development Region may provide for all or any of the following:

1. (a) existing land use pattern in maps or documents;
2. (b) future land use control by way of-
   • (i) identification and preservation of open spaces, or
   • (ii) prohibition of filling up of tanks or water-sources, or
   • (iii) filling up of insanitary water-sources, or
   • (iv) protection of land surface through which sub-soil water-sources are re-charged, or
   • (v) provision for drainage network and outfalls, or
   • (vi) provision for dumping grounds for solid wastes disposal, or
   • (vii) street alignments, or
   • (viii) provision for burning and burial grounds, or
   • (ix) reclamation of wastelands, or
   • (x) providing activities of similar nature;
3. (c) regulation and restriction of sites for construction of buildings, huts or structures;
4. (d) regulation or licensing of premises to be used for non-residential purposes;
5. (e) regulation of construction of buildings, huts or structures for purposes of safety and densification or density control;
6. (f) environmental improvement by way of restriction on felling of trees, planting of new trees and flowering plants in public places and adding to house greenery and the like;
7. (g) control of pollution relating to water, soil, air, noise, and odour etc;
8. (h) land acquisition for the purpose of ensuring that the benefits of development activities are reaped by public bodies for community welfare and not speculative gains by private individuals.

Urban Development committee:

1. (1) The State Government may, for the purpose of formulation of a master plan for an Urban Development Region or implementation of any project or scheme in pursuance thereof or for carrying out any activity arising out of it, constitute an Urban Development Committee or Urban Development Committees for any area or areas outside the municipal area.
2. (2) Whenever any Urban Development Committee is constituted, it shall be incumbent upon the Board of Councillors to consult it in all matters of preparation of any master plan and entrust to it all items of implementation so far as they relate to areas outside the municipal area.

Board of Councillors in charge of Urban Development Region:

1. (1) All planning and developmental activities in an Urban Development Region under this Chapter shall be normally carried out under the supervision and control of the Board of Councillors of the concerned municipality, subject to such directions and reservations as the State Government may by a notification impose.
2. (2) The Board of Councillors may, by a written notice, require the owner or the occupier of any land or building situated within an Urban Development Region to submit particulars relating to land or building and such other information, as the Board of Councillors, may deem necessary.
3. (3) It shall be incumbent upon every owner or occupier to comply with the requirement of the notice under sub-section (2) and to carry out all instructions given by the Board of Councillors in furtherance of the provisions of this Chapter.
4. (4) The Board of Councillors may, in carrying out the purpose of this Chapter, involve the participation of such voluntary organisations or public participation in such manner as it may deem fit and proper.

Power to make rules: The State Government may make rules providing for-

1. (a) the procedure of functioning of an Urban Development Committee,
2. (b) the method of preparation and enforcement of a master plan,
3. (c) the conditions of involvement of voluntary organisations, and
4. (d) such other matters as may be necessary to carry out the provisions of this chapter.