section 38
Preparation of Development Scheme
The Mizoram Urban and Regional Development Act, 1990General199078 sections
Statutory text
- (1) The Department may at any time declare its intention to prepare a Development scheme.
- (2) Not later than thirty days from the date of such declaration of intention to make a scheme, the Department shall publish the declaration in the Official Gazette and in such other manner as may be prescribed.
- (3) Not later than two years from the date of publication of the declaration under sub-section (2), the Department shall prepare a development scheme in draft form and publish in such form and manner may be prescribed together with a notice inviting objection and suggestions from any person with respect to the said draft development scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice.
- (4) The Department shall consider all the objections and suggestions as may be received within the period specified in the notice under sub-section
- (3) and shall after giving a reasonable opportunity to such persons affected thereby as are desirous of being heard or, after considering the report of the Committee constituted under sub-section (5), approve the draft Development scheme [within a period of three months] 1 as published or made such modifications therein as it may deem fit.
- (5) Where the Development Scheme relates to reconstitution of plots, the Department shall, notwithstanding anything contained in sub-section (4), constitute a Committee consisting of the [Chief Town & Country Planner] 1 of the Department and two other members of whom one shall be representative of the [Land Revenue & Settlement Department] 1 and the other shall be an officer not below the rank of an Executive Engineer of Public Works Department for the purpose of hearing objections and suggestions received under sub-section (3).
- (6) The Committee constituted under sub-section
- (5) shall consider the objections and suggestions and give hearing to such persons as are desirous of being heard, and shall submit its report to the Department within such time as it may fix along with proposals to –
- (i) define and demarcate the areas allotted to or reserved for public purposes;
- (ii) demarcate the reconstituted plot ;
- (iii) evaluate the value of the original and the constituted plots;
- (iv) determine whether the areas reserved for public purposes are wholly or partially beneficial to the residents within the area of the scheme.
- (v) estimate a portion of compensation to or contribution from the beneficiaries of the scheme on account of the reconstitution of the plot and reservation of portions for the purpose;
- (vi) evaluate the increment in value of each reconstituted plot and assess the development contribution leviable on the plot holder. Provided that the contribution shall not exceed half the accrued increment in value;
- (vii) evaluate the reduction in value of any reconstituted plot and assess the amount payable thereof.
- (7) Immediately after the development scheme is approved under sub-section
- (4) with or without modifications the Department shall publish in the Official Gazette and in such other manner as may be prescribed a final development scheme and specify the date on which it shall come into operation.
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