Chapter IX IMPLEMENTATION OF TOWN PLANNING SCHEME AND LOCAL AREA PLAN

On and after the date on which a Preliminary Scheme or the Local Area Plan comes into force, any person continuing to occupy any land which they are not entitled to occupy under the Preliminary Scheme or the Local Area Plan shall, in accordance with the prescribed procedure, be summarily evicted by the Appropriate Authority.

1. (1) On and after the date on which the Preliminary Scheme or Local Area Plan comes into force, the Appropriate Authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme-
   • (i) remove, pull down, or alter any building or other work in the area included in the scheme which contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;
   • (ii) execute any work which is the duty of any person to execute under this scheme in any case where it appears to the Appropriate Authority that delay in the execution of such a work would prejudice the efficient operation of the scheme.
2. (2) Any expenses incurred by the Appropriate Authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the Appropriate Authority under the provisions of this Act.
3. (3) A reference shall be made by the Appropriate Authority to the State Government in questions, if any, arises as to whether, namely, -
   • (i) Any building or work contravenes a Town Planning Scheme or whether any provision of a Town Planning Scheme is not complied with in the process of erection or carrying out of any such a building or work, or
   • (ii) any building or work contravenes a Local Area Plan or whether any provision of a Local Area Plan is not complied with in the process of erection or carrying out of any such a building or work, or
   • (iii) it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.
4. (4) No persons shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Appropriate Authority under the provisions of this section except in respect of the building or work that had begun before the date referred to in sub-section
5. (1) and only in so far as such building or work has proceeded until that date: Provided that any claim to compensation which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the Appropriate Authority.
6. (5) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or State Government.

1. (1) The Appropriate Authority shall complete all the works provided in a Final Scheme within the period specified in the Final Scheme. Provided that, on the request of the Appropriate Authority, the State Government may by an order in writing extend the period or periods.
2. (2) If the Appropriate Authority fails to complete all the works within the specified period or within the period extended under sub-section (1), the State Government may, notwithstanding anything contained in sub-section (1), require the Appropriate Authority to complete the works within such further period as it may consider reasonable or appoint an officer or to any other authority to complete such works at the cost of the Appropriate Authority and recover the cost from the Appropriate Authority.

1. (1) Under the guidance and supervision, and direction of the State Government, implementation of Town Planning Scheme shall be a Joint Efforts and participation of various Government Agencies, Municipalities, Village Councils, Voluntary Organizations;
2. (2) Subject to such terms and condition under the rules as may be made in this behalf, the State Government shall decide the manner of assuming responsibilities and collection of fees out of the executed schemes for the maintenance of the amenities or public assets created under this Act.

The State Government shall by an order, from time to time, authorize an officer who shall review the implementation of the Town Planning Scheme or the Local Area Plan and thereafter make suggestions regarding interventions required for timely implementation.