section 36
Development Scheme
The Mizoram Urban and Regional Development Act, 1990General199078 sections
Statutory text
- (1) Subject to the provisions of this Act or any other law, for the time being in Force, the [Chief Town & Country Planner or Municipalities or Government agencies of any local authorities as assigned under sub-section
- (7) of section 17]1 may be, after the Development plan has been approved by the Government and for the purpose of implementing the proposals contained in the Development Plan, prepare one or more development scheme for five years or for one year for the area or region within its jurisdiction or any part thereof :-
- (2) Development Scheme may be made in accordance with the provisions of this Act in respect of land which is :-
- (a) in the course of development,
- (b) likely to be used for building purposes, or
- (c) already built up. Explanation :- 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, pleasures or recreational grounds, parking spaces, or the purpose of executing any work upon or under the land incidental to a scheme, whether in the nature of a building work or not.
- (3) The Development Scheme under sub-section
- (1) may make provision for all or any of the following matter, namely :-
- (a) any of the matters specified in section 5;
- (b) the area or region, ownership and tenure of all existing plots covered by the development schemes ;
- (c) the acquisition and development of land, laying out or relaying out of land either vacant or already built up ;
- (d) the filling up or reclamation of low lying swamp or unhealthy area or region or levelling up of land ;
- (e) layout of new street or roads, construction, improvement and stopping up of streets, roads and communications ;
- (f) closure or demolition of dwelling or portion of dwelling unfit for human habitation;
- (g) re-adjustment of plots or demolition of obstructive buildings or portion of buildings ;
- (h) the extend to which the area or region proposed to alter the boundaries of the original plot by the re-construction;
- (i) the construction, alteration and removal of buildings, houses, shopping centres, cultural centres, Administrative centres, bridges and other structures including detail and allotment or reserve and to which such land is to put into use ;
- (j) acquisition and development of land, allotment or reservation for roads, parking spaces, open space, garden, recreation, playground, school, markets, industrial and commercial activities, green belts and dairies, transport facilities and public purpose of all kinds ;
- (k) undertaking acquisition and development of land for houses for different income groups, commercial area, industrial estates and similar types of development ;
- (l) drainage including sewerage, surface or sub-oil drainage and sewerage disposal ;
- (m) provisions of sanitary arrangement required for the area or region comprised in the development schemes including drains, disposal of waste, refuse and the conservation and prevention of injury or contamination to water point or rivers or other resources and means of water supply;
- (n) preparation of electric lighting scheme and water supply scheme ;
- (o) advance of money for the purposes of the development schemes ;
- (p) the preservation of objects of historical importance or natural beauty and of building actually used for religious purpose.
- (q) environments impact assessment of urban and rural areas and other projects and planting and care of trees on roadside and for landscaping the urban, rural areas or regions and countryside and elsewhere ;
- (r) construction and maintenance of rest houses, houses for the poor, infirmaries children’s home, houses for the deaf and dumb and for disabled and handicapped children, shelter for destitute and disabled person ; improvement and clearance of slum areas, resettlement of villages and growth centres inhabitants, etc.
- (t) 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, height and character or building allowed within development planning areas or regions in any specified area or regions, the purpose for which buildings or specified area, may or may not be appropriate the sub-division of plot and discontinuance of objectionable use of land in any area or region reasonable periods, parking spaces, loading and unloading spaces for any buildings and the size of projections and advertisement signed;
- (u) the suspension so far as may be necessary for the proper carrying out of the Development scheme, of any rule, bye-law, regulation, notification or order made or issued under any act of the Mizoram Legislature is competent to amend ;
- (v) acquisition of land, purchase, sale of land for the purpose of town expansion, assess, exchange or otherwise of any property necessary for or affected by the execution of the Development scheme ;
- (w) construction, maintenance and management of swimming pool, recreation, etc.,
- (x) such other matters not inconsistent with the objects of this Act, as may be directed by the Government ;
- (v) an estimate of the total cost of the development scheme and the net cost to be borned by the Department ; (z)
- (i) full description of all details of the Development schemes,
- (ii) any other prescribed particulars.
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