Chapter VII LOCAL AREA PLAN

Local Area Plan.-

1. (1) Subject to the provisions of this Act or any other law for the time being in force and having regard to the proposals of the interventions made thereunder for the development of the area, the Appropriate Authority, may make one or more Local Area Plans in respect of any area within its functional area, where interventions are required in respect of economic, physical, environmental & social matters and in particular in respect of any land which,-
   • (i) Is already built upon or is in the course of development;
   • (ii) Has old, dilapidated, and unauthorized structures and requires redevelopment;
   • (iii) Attracts retrofitting in respect of,-
   • (a) Disaster preparedness
   • (b) Management of built areas surrounding heritage structures and places; Provided that the State Government may in this behalf direct any Appropriate Authority by specific or general order to make Local Area Plan for any area in the State. Provided further that in the case of Aizawl, the plan for each zone as defined in the Master Plan of Aizawl, 2030 shall be treated at par with a local area plan.
2. (2) Subject to the provisions of this Act or any other law for the time being in force, the Appropriate Authority, may make one or more Local Area Plans for the area under its jurisdiction or any other area as may be notified by the State Government;
3. (3) For any Local Area Plan construed under sub-section
4. (1) or sub-section (2), the Appropriate Authority, shall determine and delineate the limits.

Determining record of rights Determining record of rights.-

1. (1) The Appropriate Authority, before making any Local Area Plan under section 36, for each record and right shall, in the manner as prescribed, publish in the Official Gazette along with a notice in the prescribed manner, inviting objections, within a period of two months from the date of its publication, from any person in that respect. Also, about the publication, communicate in writing, to the State Government and the Director of Land Revenue & Settlement Department. (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 of the land and the buildings thereon, as determined after measurements;
     • (ii) the property details,-
   • (a) as recorded in the municipal records or with the City Survey Officer, namely: the property number, name of the property holder, the nature of holding (i.e., free hold or lease hold or tenant); and
   • (b) the existing facilities, specifying for each facility, the terms and conditions and the nature of users, namely individual or common;
   • (c) the beneficiaries of facilities, and in particular those facilities where the beneficiaries have common rights.
     • (iii) the shares of each person and related to any general or specific terms and conditions with regard to clause(i) and (ii);
2. (3) If within the period specified in sub-section
3. (1) any person communicates in writing to the Appropriate Authority any objections with regard to clause
   • (b) of sub-section (2), the said Authority shall consider such objections, for pertaining matter, may modify Local Area Plan, provided that in matters pertaining to sub-clause
     • (i) of clause
   • (b) of sub-section (2), the Appropriate Authority may modify, as it deems fit.
4. (4) After carrying out the modifications in sub-section (3), the Appropriate Authority shall with respect to each record and right, within a period of three months form the date of publication under sub-section (1), publish final record and rights in the Official Gazette.
5. (5) The records and rights published under sub-section
6. (4) shall be open for the inspection of the public in the office of the Appropriate Authority and shall be considered final for the purpose of the Local Area Plan.

Contents of a Local Area Plan.-

1. (1) A Local Area Plan may be a Statement incorporating policy, plans, schemes, projects, and strategies for implementation wherein provisions may be made for all or any of the following matters, as the Appropriate Authority deems fit, namely: -
   • (a) Laying out or relaying new or old streets or roads or communications and their appurtenant structures to improve and augment access;
   • (b) designating or the allotment of the land for open spaces, gardens, recreation, schools, markets, commercial, public purpose, space for pickup or drop off points, space for passageway for access to: parking, buildings & spaces for common use;
   • (c) allotment of land for sale by the Appropriate Authority, for residential, commercial, or industrial use depending upon the nature of development;
   • (d) the preservation and protection of objects of historical or national interest, natural beauty, and of buildings actually used for religious purposes;
   • (e) The imposition of conditions and restrictions in regard to the building envelopes and open space to be maintained around buildings, the percentage and size of building area on a plot, with respect to buildings, the number, size, height and character, architectural elements & faced, to be allowed in specified areas, the purposes to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of lands in any area in specified periods, parking spaces and loading and unloading space for any building and the sizes or locations of projections and advertisement signs;
   • (f) lighting, water supply, drainage inclusive of sewerage, surface or sub-soil drainage and management of sewerage;
   • (g) the suspension, so far as may be necessary, for the proper carrying out of the Local Area Plan, of any rule, byelaw, regulation, notification, or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend:
   • (h) such other matters not inconsistent with the provisions in any other law pertaining to the natural disaster or hazard prone areas;
     • (i) such other interventions in respect of economic, social, and environmental aspects; (2)
   • (a) The proceeds from the sale of land referred to in sub-clause(d)of sub-section
2. (1) shall be used for the purpose of providing infrastructural facilities;
   • (b) any suspension referred to in sub clause
   • (g) of sub-section
3. (1) shall under this clause shall cease to operate in the event of the State Government refusing to sanction the Local Area Plan or in the event of withdrawal of scheme, under section 47 or on the coming into force of the Local Area Plan.

Declaration of intent to prepare Local Area Plan.-

1. (1) For any Local Area Plan to be made under sub-section
2. (1) of section 36, the Appropriate Authority, shall pass a solution to declare its intention to make the Local Area Plan and thereafter, within twenty-one days publish it in the Official Gazette and in one or more newspapers having wider circulation in its area, and shall submit a copy thereof along with a plan showing the area which it proposes to include in the Local Area Plan to the State Government.
3. (2) A copy of the plan submitted to the State Government under sub-section
4. (1) shall be made open to the inspection of the public during office hours at the office of the Appropriate Authority.

Preparation and publication of Local Area Plan.-

1. (1) Within nine months from the date of declaration of intention, the Appropriate Authority, shall prepare a draft Local Area Plan of the area in respect of which the said declaration has been made and publish the same in the Official Gazette, inviting suggestions and objections within a period of two months from the date of its publication, along with the regulations, in the manner as may be prescribed, and submit to the State Government a draft Local Area Plan in accordance with the provisions of this Act: Provided that on application by the appropriate authority, in that behalf, the State Government may, from time to time, extend the aforesaid period by such period or periods, as may be specified therein, however, that the period or periods so extended shall not in any case exceed three months in the aggregate.
2. (2) With regard to sub-section (1), the following particulars shall be published, namely: -
   • (a) records and rights published in accordance with sub-section
3. (4) of section 37;
   • (b) the surveys carried out for the preparation of the Local Area Plan, the maps, charts, and Statements explaining the provisions of the Local Area Plan;
   • (c) Statement specifying the policy, plans, schemes, projects, and strategies for its implementation;
   • (d) plans showing the uses to which lands are proposed;
   • (e) the plan showing the envelopes of different structures, the setbacks, and facade controls;
   • (f) the plan showing the designation of spaces for public and private use, and the details related conditions and specifications of development;
   • (g) regulations for enforcing the proposals;
   • (h) an estimate of the cost of Local Area Plan.
4. (3) A copy of the draft Local Area Plan as prepared under sub-section
5. (1) 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.
6. (4) If within the period specified in sub-section
7. (1) 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 Local Area Plan, the said Authority or Officer shall consider such suggestions or objections and may modify such plan as it is or as such Authority or Officer thinks fit.
8. (5) Where the modifications made by an appropriate authority or, as the case may be, by the Authorized Officer in the draft Local Area Plan, are of extensive or of a substantive nature, the said authority, or, as the case may be, 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.
9. (6) On receipt of any suggestions or objections, in regard to publication made under sub-section
10. (5) or otherwise, the Appropriate Authority or, as the case may be, the Authorized Officer may, if deemed fit, make modifications, and determine the final draft Local Area Plan.

Contents of Draft Local Area Plan.-

1. (1) A draft Local Area Plan shall contain full description of all the details under section 37 as may be applicable and in particular the following particulars, so far as may be necessary, namely: -
   • (a) the record and rights published under sub-section
2. (4) of section 37;
   • (b) the particulars of land allotted or designation with regard to clause (a), (b),
   • (c) and
   • (d) of sub-section
3. (1) of section 37 specifying the terms and conditions thereof;
   • (c) fix the extent to which it is proposed to alter the boundaries with respect to proposals under clause (a);
   • (d) specify the particulars under clause
   • (e) of section 1 of section 38;
   • (e) fix the extent to which the rights of persons, holding different property rights of a plot, are relinquished, or infringed or altered or appropriated in regard to clauses
   • (b) and (d);
   • (f) determine whether the areas used, allotted, or earmarked under clause(b) of sub-section
4. (1) of section 38 are beneficial wholly or partly to the owners or residents within the area of the Local Area Plan;
   • (g) determine the extent of benefits to the owners or residents within the area of the Local Area Plan with respect to the proposals under clauses (b), (d), (e), and (f);
   • (h) the cost with regard to conditions imposed in clauses (b), (d),
   • (e) and (f);
     • (i) estimate the sums payable as compensation in respect of each plot wherein each of estimate is at the value prescribed under the rules at the date of the declaration of intention to make a Local Area Plan, with all the buildings and works thereon at the said date and without reference to improvements contemplated in the Local Area Plan other than improvements, considering the effect of the conditions imposed in clause
   • (b) and with regard to clauses
   • (e) and (f);
   • (j) estimate the portion of the sums payable as compensation on each plot used, allotted, or reserved 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 Local Area Plan;
   • (k) calculate the contribution to be levied on each property included in the Local Area Plan;
   • (l) provisions made as projects or arrangements with regard to clause
     • (i) of sub-section
5. (1) of section 38;
   • (m) estimates of the cost with respect to clauses
   • (b) and (g), measures take under clauses
     • (i) and (j);
   • (n) an estimate of the total cost of the Local Area Plan and the net cost to be borne by the Appropriate Authority;
   • (o) the size of plots and building envelopes shall be determined, so far as may be, to render it suitable for building purposes and where a plot is already built upon, to ensure that the building, as far as possible complies with the provisions of the scheme as regards the provisions under clause
   • (e) of sub-section
6. (1) of section 38.
7. (2) Soon after the sanction is granted by the Government, where under clauses (b),
   • (c) and
   • (e) of sub-section (1), the purpose to which the property rights may not be appropriated, the property rights shall cease to exist, and the person affected by the provision shall be entitled to compensation from the Appropriate Authority in the manner and according to the method prescribed.

Demarcation of areas and plots.- Soon after the publication in the Official Gazette under section 40, and within four months of such publication, in respect of the final draft Local Area Plan, the Appropriate Authority shall, after giving notice in the prescribed manner and in the prescribed form to the persons affected by the proposals under clauses(c)and(e) of sub-section

1. (1) of section 40, define and demarcate the areas allotted to, or earmarked for, any public purpose, or for a purpose of the Appropriate Authority.

Appeals against draft Local Area Plan. -

1. (1) Within one month from the date of publication in the Official Gazette under section 40, an appeal can be made to the appropriate authority by any party aggrieved by the proposals of the final draft Local Area Plan in respect of matters under section 43.
2. (2) Except in matters arising out of sub-section
3. (1) of section 43, the proposals of the final draft Local Area Plan published under sub-section
4. (6) of section 40 shall be final and binding on all persons.
5. (3) Where no appeal is made within the specified time, under sub-section (1), the appropriate authority shall send to the State Government, a certificate of not having received any appeals.

Submission of final draft local area plan to government. - Soon after the requirements completed under sub-section

1. (6) of section 40, the Appropriate Authority or, as the case may be, the authorized officer shall not later than a period of eighteen months from the date of the publication of the draft Local Area Plan under sub-section
2. (1) of section 40, submit to the State Government for its sanction the final draft Local Area Plan with the modifications, if any, made thereto under sub-section
3. (6) of section 40.

Power of government to sanction Local Area Plan or refusal thereof.-

1. (1) On receipt of the draft Local Area Plan, the State Government, within a period of two months from the date of its receipt, may make inquiry as it may think fit and by notification, -
   • (a) Sanction such Local Area Plan as it is, or may make such modifications as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality and sanction with modifications; or
   • (b) return the plan to the Appropriate Authority with directions as it may think fit; or
   • (c) refuse to sanction.
2. (2) The State Government before taking any decision under sub-section (1), shall, after making an inquiry as it deems fit, if necessary, make any modifications in the draft Local Area Plan submitted by the Appropriate Authority under section 44, in accordance with decision of the after an Appeal (if any).
3. (3) Where the State Government sanctions the Local Area Plan under clause
   • (a) of sub-section (1), it shall state in the notification-
   • (a) the place at which the scheme shall be kept open for inspection by the public, and
   • (b) a date on which the plan shall come into force:
4. (4) On and after the date fixed in such notification, the Local Area Plan shall have effect as if it were enacted in this Act.

Effect of sanctioned Local Area Plan.- On the day on which Local Area Plan comes into force, -

1. (a) All rights relinquished in favor of the Appropriate Authority shall, unless it is otherwise determined in such plan, vest absolutely in the Appropriate Authority free from all encumbrances;
2. (b) all rights appropriated shall be relinquished as determined and settled, in the sanctioned Local Area Plan and where is not capable of being so transferred shall be extinguished.

Withdrawal of Local Area Plan.- Any time after the sanction of the Local Area Plan but not before 60 months from the date of sanction of the plan, the State Government, or a representation made by majority of the owners in the area or otherwise, after inquiry as deemed fit, may withdraw whole or part of the Local Area Plan.

Apportionment of costs of local area withdrawn or not sanctioned Apportionment of costs of local area withdrawn or not sanctioned.- In the event of a Local Area Plan being withdrawn or sanction to a Preliminary Scheme being refused by the State Government, the State Government may direct that the costs to be borne by the Appropriate Authority or be paid to the Appropriate Authority by the owners or people concerned in such proportion as the State Government may in each case determine.

Power to amend or alter the Local Area Plan.-

1. (1) If at any time after the Local Area Plan comes into force, the Appropriate Authority is of the opinion that anything in the Local Area Plan requires to be amended or altered, the Appropriate Authority may make such a proposal of the variation, by passing a resolution.
2. (2) The Appropriate Authority shall, within 21 days from the date of resolution, invite objections and suggestions by publishing the variations in the Official Gazette.
3. (3) If within the period specified in sub-section
4. (2) any person communicates in writing to the Appropriate Authority, any suggestions or objections relating to the variations, the Appropriate Authority shall consider such suggestions or objections and then shall submit the same to the State Government along with its opinion on such objections or suggestions.
5. (4) In case the State Government is satisfied that the variations submitted by the Appropriate Authority are not substantial, the State Government may sanction as it is or refuse to sanction by publishing a notification in the Official Gazette, otherwise, if the State Government is of the opinion that modifications are required in the proposal of the variation sent by the Appropriate Authority, the State Government shall invite suggestions and objections, published in the Official Gazette, for the modifications it may consider fit.
6. (5) The draft modifications shall be open to the inspection of the public at the head office of the Appropriate Authority and at the office of the Deputy Commissioner of the district during office hours.
7. (6) Within one month of the date of publication of the draft modification under sub-section (5), any person affected thereby may communicate in writing any objections to such modification to the State Government through the Deputy Commissioner and send a copy thereof to the Appropriate Authority.
8. (7) After receiving the objections under sub-section (6), the State Government may, after consulting the Appropriate Authority and after making such an inquiry as it may think fit, by notification-
   • (a) Make the variation with or without modification, or
   • (b) Refuse to make the variation.
9. (8) From the date of the notification of making the variation, with or without modification, such a variation shall take effect as it was incorporated in the Local Area Plan.