Chapter V DEVELOPMENT PLAN

Development Plan.-

1. (1) As soon as maybe after the establishment of the Appropriate Authority for the Development Area the Appropriate Authority shall, not later than three years after the declaration of such Development Area or within such time as the State Government may, from time to time, extend, prepare and submit to the State Government a draft Development Plan for the whole or any part of the Development Area in accordance with the provisions of this Act.
2. (2) If a draft Development Plan is not prepared and submitted to the State Government by any area Appropriate Authority within the period specified in sub-section
3. (1) or within the period extended under that sub-section, an Officer appointed by the State Government in this behalf may prepare and submit to the State Government in the prescribed manner a draft Development Plan and recover the cost thereof from such area Appropriate Authority out of its funds.
4. (3) The draft Development Plan shall be prepared in the manner as prescribed in section 13.

Copy of draft development plan to be open for public inspection.- A copy of the draft Development Plan as prepared under section 11 in respect of any area shall be kept open for inspection by the public during.office hours at the head office of the Appropriate Authority, or as the case may be, at the office of the authorized Officer.

Contents of draft development plan.-

1. (1) A draft Development Plan shall indicate the manner in which the use of land in the area covered by it shall be regulated and also indicate the manner in which the development therein shall be carried out.
2. (2) In particular, it shall provide, so far as may be necessary, for all or any of the following matters, namely:-
   • (a) proposals for designating the use of the land for residential, industrial, commercial, educational, agricultural and recreation purposes or overlay zoning or such other purposes;
   • (b) proposals for the reservation of land for public purposes, and for such other purposes as may, from time to time, be specified by the State Government;
   • (c) proposals for designation of areas for zoological gardens, green belts, natural reserves, water body, water course and sanctuaries;
   • (d) proposals for mobility, transport and communications including extension and development of such;
   • (e) proposals for supply, recharge, reuse & conserve water, drainage, sewage disposal, storm water drainage, other public utility amenities and services;
   • (f) proposals for energy efficiency, use of non – conventional energy;
   • (g) reservation of land for community facilities and services;
   • (h) allocation of areas to be developed for ‘township project’ or any other type of large development projects may be established;
     • (i) preservation, conservation and development of areas of natural scenery and landscape and of heritage building and heritage precincts;
   • (j) proposals for flood control and prevention of river pollution;
   • (k) the filling up or reclamation of low lying, swampy or unhealthy areas or leveling up of land;
   • (l) proposals for the reservation of land for the purpose of Union, any State, local authority or any other Authority or body established by or under any law for the time being in force;
   • (m) provision for controlling and regulating the use and development of land, construction of building with provision of open spaces within the Development Area including Transferable Development Rights (TDR), imposition of development charges or other charges at such rate as may be provided, parking spaces, loading and unloading space, and other matters as may be considered necessary for carrying out the objects of this Act;
   • (n) provision for preventing or removing pollution of water or air caused by the discharge of waste or other means as a result of the use of land;
   • (o) such other proposals for public or other purposes as may from time to time be approved by the Appropriate Authority or as may be directed by the State Government in this behalf.

Publication of draft development plan.-

1. (1) The Appropriate Authority or, as the case may be, the authorized officer shall, as soon as may be, after a draft Development Plan is prepared and submitted to the State Government under section 11, publish it in the Official Gazette and in such other manner as may be prescribed along with a notice in the prescribed manner, inviting suggestions or objections from any person with respect to the Development Plan within a period of two months from the date of its publication.
2. (2) The following particulars shall be published along with the draft Development Plan, namely:-
   • (a) The existing Land Use maps;
   • (b) A narrative report, supported by maps, documents and charts, explaining the provisions of the Draft Development Plan;
   • (c) The provisions of enforcing the draft Development Plan;
   • (d) The phasing of implementation of the draft Development Plan as suggested by the Department;
   • (e) an approximate estimate of the cost involved in acquisition of land reserved for public purposes and the cost of works involved in the implementation of the Development Plan.
   • (f) A Note indicating the priorities assigned to works included in the draft Development Plan and the phasing of the programmes of development as such;
   • (g) A Notice on the role being assigned to different Government Agencies and the Local Authorities [or Voluntary Organizations or Privates] in the enforcement and implementation of the Development Plan;

Suggestions or objections to draft development plan to be considered.- If within the period specified in sub - section

1. (1) of section 14 any person communicates in writing to the Appropriate Authority, or, as the case may be, to the authorized Officer any suggestions or objections relating to the draft Development Plan, the said Authority or Officer shall consider such suggestions or objections and then shall submit the same to the State Government along with his or its opinion on such objections or suggestions.

Modifications made after publication of draft development plan.- When the modifications made by an Appropriate Authority or, as the case may be, by the authorized officer, are of an extensive or of a substantial nature, the said Authority or the authorized officer shall publish the modifications in the Official Gazette along with a notice in the prescribed manner inviting suggestions or objections from any person with respect to the proposed modifications within a period of two months from the date of publication of such notice and thereupon, the provisions of section 15 shall apply in relation to such suggestions or objections.

Submission of draft development plan to the State Government for sanction.-

1. (1) After a draft Development Plan is published as aforesaid and the objections or suggestions thereto, if any, are received, the Appropriate Authority or, as the case may be, the authorized Officer shall, within a period of six months from the date of publication of the draft Development Plan under section 14, submit to the State Government for its sanction the draft Development Plan and the regulations: Provided that the State Government may, on an application by the Appropriate Authority or the authorized officer, by order in writing, extend from time to time, the said period by such further period or periods as may be specified in the order, so however, that the period or periods so extended shall not, in any case, exceed twelve months in the aggregate.
2. (2) The particulars published under sub-section
3. (2) of section 14, and the suggestions or objections received under section 15, shall also be submitted to the State Government, along with the draft Development Plan.

Power of State Government to sanction draft development plan.-

1. (1) On receipt of the draft Development Plan under section 17, the State Government may, by notification: -
   • (i) Sanction the draft Development Plan and the regulation so received, within the prescribed period, either without modification, or subject to such modification, as it may consider proper; or
   • (ii) Return the draft Development Plan and the regulations to the Appropriate Authority or, as the case may be, to the authorized Officer, for modifying the plan and the regulations in such manner as it may direct: Provided that, where the State Government is of the opinion that substantial modifications in the draft Development Plan and regulations are necessary, the State Government may publish the modifications in the Official Gazette along with a notice inviting suggestions or objections with respect to the proposed modifications within a period of two months from the date of publication of such notice; or
2. (2) Where a Development Plan and regulations are returned to an Appropriate Authority, or as the case may be, the authorized Officer under clause(ii) of sub-section (1), the Appropriate Authority, or as the case may be, the authorized Officer, shall carry out the modifications therein as directed by the State Government and submit it to the State Government for sanction.
3. (3) Where the State Government has published the modification in a draft Development Plan, the State Government shall, after taking into consideration the suggestions or objections, and thereafter accord sanction to the draft Development Plan and the regulations in such modified form as it may consider fit.
4. (4) The sanction accorded under clause
   • (i) or clause
   • (ii) shall be notified by the State Government in the Official Gazette and the draft Development Plan together with the regulations so sanctioned shall be called the final Development Plan.
5. (5) The final Development Plan shall come into force on such date as the State Government may specify in the notification issued under sub-section (4).
6. (6) After the final Development Plan comes into force, the Appropriate Authority concerned may execute any work for developing, re-developing or improving any area within the area covered by the plan in accordance with the proposals contained in the Development Plan.

Acquisition of land.-

1. (1) The Appropriate Authority or any other authority for whose purpose land is designated in the final Development Plan for any purpose specified in clause(b), clause(d), clause(f), clause(k), clause(n) or clause(o) of sub- section
2. (2) of section 13, may acquire the land, -
   • (a) By way of assigning Development Rights to the owner against the area of land surrendered free of cost and free from all encumbrances;
   • (b) Under the provisions of the extant Act and rules.
3. (2) If the land referred to in sub-section
4. (1) is not acquired by agreement within a period of ten years from the date of the coming into force of the final Development Plan, the owner or any person interested in the land may serve a notice on the Authority concerned requiring it to acquire the land and if within six months from the date of service of such notice the land is not acquired or no steps are commenced for its acquisition, the designation of the land as aforesaid shall be deemed to have lapsed.

Review and revision of Development Plan.- At least once in ten years from the date on which a final Development Plan comes into force, the Appropriate Authority shall carry out a review of the Development Plan and revise it, if necessary, including replacing the same with a new development plan. Provided that till such time the new plan is notified, the current development plan shall remain in force. Provided further that town planning schemes within the jurisdiction of the current plan shall also remain to be in force even after the new plan is notified, unless such town planning scheme itself is revised in provision with the law.