Chapter VI TOWN PLANNING SCHEME

Town Planning Scheme.-

1. (1) A Town Planning Scheme may be made in accordance with the provisions of this Act in respect of land which is: -
   • (i) In the course of development,
   • (ii) Likely to be used for building purposes, or
   • (iii) 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. Provided that the State Government may in this behalf direct any Appropriate Authority by specific or general order to make Town Planning Scheme for any area in the State.
2. (2) For any Town Planning Scheme construed under sub-section
3. (1) or sub-section (2), the Appropriate Authority, shall determine and delineate the limits.

Contents of a Town Planning Scheme Contents of a Town Planning Scheme.-

1. (1) The Town Planning Scheme may make provision for all or any of the following matter, namely: -
   • (a) The acquisition and development of land, laying out or rearranging of land either vacant or already built up;
   • (b) the area or region, ownership and tenure of all existing plots covered by the development schemes;
   • (c) layout of new street or roads, construction, improvement and stopping up of streets, roads and communications;
   • (d) re-adjustment of plots or demolition of obstructive buildings or portion of buildings;
   • (e) the extent to which the area or region proposed to alter the boundaries of the original plot by re-constitution;
   • (f) the construction, alteration and removal of buildings, houses, shopping centers, cultural centers, administrative centers, bridges and other structures including detail and allotment or reserve and to which such land is to put into use;
   • (g) acquisition and development of land, allotment or earmarking of 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;
   • (h) earmarking of land to the extent of which the State Government may determine from time to time, for the purpose of providing housing accommodation to socially and economically backward classes of people and of such other class of people as may be determined by the State Government;
     • (i) provisions of drainage and sewerage, disposal of waste, re-use and conservation and prevention of contamination to water point or rivers or other resources;
   • (j) water supply;
   • (k) lighting;
   • (l) the preservation and protection of objects of historical or national importance, natural beauty and building used for religious purposes;
   • (m) environments impact assessment of urban and rural areas and other projects and planting and care of trees on roadside and for landscaping;
   • (n) provision for controlling and regulating the use and development of land and building with 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;
   • (o) the suspension so far as may be necessary for carrying out of the Development scheme, of any rule, bye-law, regulation, notification or order made or issued under any act of the Legislative Assembly of the State is competent to amend;
   • (p) 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;
   • (q) an estimate of the total cost of the development scheme and the net cost to be borne by the Appropriate Authority;
     • (i) full description of all details of the Development schemes,
     • (ii) any other prescribed particulars.

Declaration of intent to prepare a town planning scheme.-

1. (1) The Appropriate Authority may at any time declare its intention to prepare a development scheme.
2. (2) Not later than thirty days from the date of such declaration of intention to make a scheme, the Appropriate Authority shall publish the declaration in the Official Gazette and in such other manner as may be prescribed.
3. (3) Not later than one year from the date of publication of the declaration under sub-section (2), the Appropriate Authority shall prepare a draft development scheme along with the draft regulations and publish in such manner may be prescribed together with a notice inviting objection and suggestions from any person with respect to the said draft development scheme: Provided that, immediately after the Draft Scheme is made and before publishing it in the Official Gazette, the Appropriate Authority shall organize an awareness meeting, at the time and place decided by the Authority, to explain the proposals of the scheme to the owners: Provided further that, on application by the Appropriate Authority, the State Government may, from time to time, by notification, extend the aforesaid period by such period or periods, as may be specified therein.
4. (4) Immediately after the development scheme is approved with or without modifications the Appropriate Authority 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.

Original plot layout.-

1. (1) The Appropriate Authority, before declaration of intention under sub section
2. (1) of section 23, shall prepare the record for each plot in the manner as prescribed and publish it in the Official Gazette along with a notice in the prescribed manner, inviting suggestions or objections from any person with respect to his plot within a period of two months from the date of its publication. (2)
   • (a) The record, to be published under sub-section (1), in general may indicate the manner in which the record is captured and validated;
   • (b) in particular, the record shall contain, for each plot, the following, namely: -
     • (i) the boundary, location, area; and
     • (ii) ownership, tenure and share of interests of different persons;
3. (3) If within the period specified in sub-section
4. (1) any person communicates in writing to the Appropriate Authority any suggestions or objections with regard to clause
   • (b) of sub-section
5. (2) the said Authority shall consider such suggestions or objections and may modify scheme. Provided that in matters pertaining to sub-clause
   • (i) of clause
   • (b) of sub-section (2), the Appropriate Authority may modify scheme, as it deems fit.
6. (4) After carrying out the modifications in sub-section (3), the Appropriate Authority shall, with respect to each plot, determine the Original Plot and publish the Original Plot in the Official Gazette within a period of three months from the date of publication of record under sub-section
7. (1) of section 24.
8. (5) The Original Plot published under sub-section
9. (4) shall be open for the inspection of the public in the office of the Appropriate Authority.
10. (6) Except in conditions specified in sub-section (7), the Original Plot published under sub-section
11. (4) shall be considered final for the purpose of the Town Planning Scheme and may only be challenged in the High Court of the State.
12. (7) Any time after the appointment of the Town Planning Scheme Officer, with regard to any representation made before the Town Planning Scheme Officer, such Officer shall communicate in writing, along with the representation received, to the Appropriate Authority: Provided that, the representation shall only be considered if it pertains to sub-clause
    • (i) of clause
    • (b) of sub-section (2);

Officer appointed for Town Planning Scheme.-

1. (1) Within one month from the date of publication of the notification sanctioning the scheme in the Official Gazette, the State Government shall by an order, appoint a Town Planning Scheme Officer possessing town planning qualifications and holding a position of no less than an Assistant Town Planner, for the purpose of such scheme. Provided that the State Government may, on the request made by the Appropriate Authority appoint a Town Planning Scheme Officer within one month from the date of declaration of intention of Draft Scheme under sub- section
2. (1) of section 24.
3. (2) The Appropriate Authority shall render all reasonable assistance to the Town Planning Scheme Officer and shall allow such Officer to examine all papers, documents and plans connected with the scheme.
4. (3) Subject to the provisions of sub-section (3), a Town Planning Scheme Officer appointed under sub-section
5. (1) for the purpose of any scheme shall cease to hold office with effect from the date on which the Final Scheme is sanctioned.

Duties of officer appointed for town planning scheme.- Within a period of twelve months from the date of appointment, the Town Planning Scheme Officer shall, after following the prescribed procedure, split the Town Planning Scheme into a Preliminary Scheme and a Final Scheme. Provided that on the receipt of an application, mentioning the reasons for extension, made by the Town Planning Scheme Officer, the State Government, may, from time to time, by order in writing extend the said period by such further period or periods, but not exceeding six months at a time, as may be specified in the order and any such order extending the period may be made so as to have retrospective effect.

Contents for preliminary & final scheme Contents for preliminary & final scheme.-

1. (1) In a Preliminary Scheme, the Town Planning Scheme Officer shall,
   • (a) After giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme, define and demarcate the areas allotted to or earmarked for any public purpose or for a purpose of the Appropriate Authority, and the Final Plots;
   • (b) After giving notice as aforesaid, determine in cases in which a Final Plot is to be allotted to persons in ownership in common, the shares of such persons;
   • (c) Provide for the total or partial transfer of any rights in an Original Plot to a Final Plot, or provide for the transfer of any rights in an Original Plot in accordance with provisions of section 28.
2. (2) The Town Planning Scheme Officer shall on the sanction of the Preliminary Scheme prepare and submit to the State Government the Final Scheme in accordance with the provisions of sub-section (3).
3. (3) In the Final Scheme, the Town Planning Scheme Officer shall,-
   • (a) fix the difference between the total of the values of the Original Plots and the total of the values of the plots included in the scheme in accordance with clause
     • (vii) of sub-section
4. (1) of section 72;
   • (b) determine whether the areas used, allotted, or earmarked for a public purpose or purposes of the Appropriate Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;
   • (c) estimate the portion of the sums payable as compensation on each plot used, allotted, or earmarked for a public purpose or for the purpose of the Appropriate Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;
   • (d) calculate the contribution to be levied under section 73, on each plot used, allotted, or earmarked for a public purpose or for the purpose of the Appropriate Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;
   • (e) determine the amount of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;
   • (f) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section;
   • (g) calculate the proportion of the contribution to be levied on each plot in the Final Scheme to the increment estimated to accrue in respect of such plot under section 73;
   • (h) calculate the contribution to be levied on each plot included in the Final Scheme;
     • (i) determine the amount to be deducted from, or added to, as the case maybe, the contribution leviable from a person in accordance with the provisions of section 73;
   • (j) estimate with reference to claims made before Town Planning Scheme Officer, after notice has been given by such Officer in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously affected by the making of the Town Planning Scheme in accordance with the provisions of section 75;
   • (k) draw in the prescribed form the preliminary and the Final Scheme in accordance with the Draft Scheme: Provided that the Town Planning Scheme Officer may make modification in the Draft Scheme, but no such modification, if it is of a substantial nature, shall be made except with the previous sanction of the State Government, and except after hearing the Appropriate Authority and any owners who may raise objections. Explanation-
     • (i) For the purpose of this provision “modification of a substantial nature” means a modification which is estimated by the Town Planning Scheme Officer to involve an increase of more than ten percent in the costs of the scheme as is described in section 72 or on account of the provisions of new works or the allotment of additional sites for public purposes included in the Preliminary Scheme drawn up by the Town Planning Scheme Officer;
     • (ii) If there is any difference of opinion between the Town Planning Scheme Officer and the Appropriate Authority as to whether a modification made by the Town Planning Scheme Officer is of substantial nature or not, the matter shall be referred by the appropriate authority to the State Government whose decision shall be final

Development Rights.- Development Rights” shall encompass the rights to construct a certain amount of built up area upon a given plot within a planning area. Such rights would be denoted in terms of constructed floor area and may be given to the owner of the land as consideration for encumbrance free land acquired by the Government for any purpose, whether under this Act or any other Act being in force. Provided that such development rights may be utilized by the person being dispossessed of such land either on the balance land or transferred to another person for use within the same planning area with or without a consideration.

Usage of development rights Usage of development rights.- Any right in an Original Plot which in the opinion of the Town Planning Scheme Officer is capable of being transferred wholly or in part, without prejudice to the making of a Town Planning Scheme, to a Final Plot shall be so transferred and any right in an Original

Power of State Government to sanction or refusal thereof to preliminary or final scheme.- On receipt of the Preliminary Scheme or, as the case may be, the Final Scheme, the State Government may

1. (a) in the case of a Preliminary Scheme, within a period of two months from the date of its receipt, and
2. (b) in the case of a Final Scheme, within a period of three months from the date of its receipt, By notification, sanction the Preliminary Scheme or the Final Scheme, or refuse to give sanction, provided that in sanctioning any such scheme, the State Government may make such modifications, as may, in its opinion, be necessary for the purpose of making necessary corrections in the Town

Power of State Government to issue directions Power of State Government to issue directions.-

1. (1) The State Government may, if it considers necessary in public interest so to do, give direction to the Chief Town & Country Planner or Municipalities or Government agencies or any Local authority.
   • (i) To frame a development scheme;
   • (ii) To modify a development scheme for reasons to be specified in such direction;
2. (2) The directions given by the State Government under this section shall be binding on the Chief Town & Country Planner or Municipalities or Government Agencies or any Local authority.

Imposition of restrictions in land use and development.- As from the date of publication to prepare a development scheme, no person shall, within the area or region included in the scheme, institute or change the use of any land or building or carry out any development scheme in accordance with the development authorized by the Appropriate Authority or the Department in accordance with the provisions of this Act prior to the publication of such declaration.

Disposal of land, buildings and development works.-

Development charges Development charges.-

Mode of levy of charges Mode of levy of charges.- The State Government shall, by rules, determine the method, manner, conditions, and mode of levy, collection of development charges and other fees chargeable under this Act from time to time.