Chapter II Land Pooling Scheme

Subject to the provisions of this Act or any other law for the time being in force, the appropriate authority may make one or m land pooling schemes for the area under its jurisdiction or any other area as may notified by the State Government: Provided that the State Government may in this behalf direct any appropriate authority by specific or general order to make land pooling scheme for any area in the State: Provided further that where any land pooling scheme is not made for any specific area adjacent to any land pooling scheme, the owners of the lands of such area may make request to the appropriate authority to make a land pooling scheme for such area.

1. (1) Before making any land pooling scheme under the provisions of this Act in respect of any area, the appropriate authority in consultation with the Chief Town Planner may, by resolution, declare its intention to make such a scheme in respect of such area.
2. (2) Within twenty one days from the date of such declaration (hereinafter referred as the declaration of intention to make a scheme), the appropriate authority shall publish it in the prescribed manner and shall submit a copy thereof along with a plan showing the area which it proposes to include in the land pooling scheme to the State Government.
3. (3) A copy of the plan submitted to the State Government under sub-section (2) shall open to the inspection of the public during office hours at the office of the appropriate authority.

1. (1) Notwithstanding anything contained in this Act, the State Government may, in respect of any appropriate authority, after making such enquiry, as deems necessary, direct that appropriate authority to make and submit for its sanction draft scheme in respect of any area in regard to which a scheme may be made after a notice regarding its making has been duly published in the prescribed manner.
2. (2) If the appropriate authority fails to make the declaration of intention to make scheme within sixty days from the date of direction made under sub-section (1), the State Government may, by notification in the Official Gazette, appoint an officer to make an submit the draft scheme for the area to the State Government after a notice regarding it making has been duly published as aforesaid and thereupon the provisions of this shall, as far as may be applicable, apply to the making of such a scheme.

1. (1) The scheme may make provisions for or all of the following matters, as the appropriate authority deems fit, namely:-
   • (i) the laying out or relaying out of land, either vacant or already built upon;
   • (ii) the filling up or reclamation of low-lying, swampy or unhealthy areas levelling up of land;
   • (iii) layout of new streets or roads, construction, diversion, extension, alteration improvement and closing up of streets and roads, and communications;
   • (iv) the constructions, alteration and removal of buildings, bridges and other structures;
   • (v) the allotment or earmarking of land for roads, open spaces, gardens, recreation grounds, schools, markets, industrial and commercial activities, green belts dairies, transport facilities and public purposes of all kinds;
   • (vi) drainage inclusive of sewerage, surface or sub-soil drainage and sewerage disposal;
   • (vii) lighting;
   • (viii) water supply;
   • (ix) the preservation and protection of objects of historical or national interest natural beauty, and of buildings actually used for religious purposes;
   • (x) the earmarking of land for the purpose of providing affordable housing for class of people as may be determined by the State Government;
   • (xi) (a) the allocation of land from the total area covered under the scheme at least to the extent of -
   • (i) fifteen percent for parks, playgrounds, garden and open spaces and social infrastructure such as schools, dispensary, fire brigade, community facilities, and public utility;
   • (ii) fifteen percent for roads; and
   • (iii) fifteen percent for sale by appropriate authority for residential, commercial or industrial use depending on the nature of development including minimum 5 for Economically Weaker Sections and Lower Income Group housing; Provided that the percentage of the allocation of land may be altered depending upon the nature of development and for the reasons to be recorded in writing; (b) the proceeds from the sale of land referred to in part (iii) of sub-clause (a) shall be used for the purpose of providing infrastructure facilities;
   • (xii) the imposition of conditions and restrictions in regard to the open space to he maintained around buildings, the percentage of building area for a plot, the number, size, height and character of buildings allowed in specified areas, the sub-division of plots, the discontinuance of objectionable uses of land or buildings in any area in specified periods, parking spaces and loading and unloading spaces for any building and advertisement signs;
   • (xiii) the suspension, so far as may be necessary, for proper carrying out of the scheme, of any rule, bye-law, 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: Provided that any suspension under this clause shall cease to operate in the event of the State Government refusing to sanction the preliminary scheme or in the event of withdrawal of scheme, under section 28 or on the coming into force of the final scheme;
   • (xiv) protection of the natural disaster or hazard prone areas;
   • (xv) such other matters not inconsistent with the objects of this Act, as may be prescribed.
2. (2) A draft scheme shall contain the following particulars, so far as may be necessary, namely:-
   • (i) the area, ownership and tenure of each original plot;
   • (ii) the particulars of land allotted or earmarked under clause (v) of sub-section (1) with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses;
   • (iii) the extent to which it is proposed to alter the boundaries of the original plots;
   • (iv) an estimate of the total cost of the scheme and the net cost to be borne by the appropriate authority;
   • (v) a full description of all the details of the scheme under sub-section (1) as may be applicable;
   • (vi) the laying out or re-laying out of land either vacant or already built upon including areas of comprehensive development;
   • (vii) the filling up or reclamation of low-lying, swampy or unhealthy areas or levelling up of land; and
   • (viii) any other particulars, as may be prescribed.

1. (1) Not later than nine months from the date of declaration of intention, the appropriate authority shall, with the prior consent of the local authority in whose jurisdiction the land under the proposed scheme falls, make a draft scheme for the area in respect of which the declaration was made and publish the same in the Official Gazette along with the draft regulations in the manner as may be prescribed and shall also publish a public notice stating that the draft scheme in respect of such area has been made and at what place and time a copy thereof shall be available for inspection by public and shall also state that copies thereof or any extract there from certified to ho correct, shall be available for sale to the public at a reasonable price: Provided that the State Government may, on application made by the appropriate authority from time to time, by notification in the Official Gazette, extend the period specified in this sub-section by such period not exceeding three months as may be specified in the notification.
2. (2) The local authority shall give its consent under sub-section (1) within the one month and if such consent is not given within this period, the appropriate authority shall presume that the local authority has no objection to the provisions of the draft scheme: Provided that where the local authority conveys its refusal to give consent to the draft scheme within the prescribed period or where there is a difference of opinion between the appropriate authority and the local authority with regard to the draft scheme, the matter shall he referred by the appropriate authority to the State Government for decision and the decision of the State Government shall be final.
3. (3) If the appropriate authority fails to make a draft scheme and publish a notice regarding its making within the period specified in sub-section (1), the declaration shall lapse, but any such lapse of the declaration shall not debar the appropriate authority from making a fresh declaration at any time in respect of the same area.
4. (4) If the draft scheme is not made and published by the appropriate authority within the period specified in sub-section (1) or within the period extended under the proviso to that' sub-section, an official appointed by the State Government may make and publish in the Official Gazette, a draft scheme for the area in respect of which the declaration of intension to make a scheme has been made within a period of nine months from the date of the expiry of the aforesaid period, or the extended period, as the case may be.

If, within one month from the date of publication of a draft scheme, any person affected by such scheme communicates in writing to the appropriate authority any objections relating to such scheme, the appropriate authority shall consider such objections and may at any time before submitting the draft scheme to the State Government as hereinafter provided modify such scheme as it thinks fit.

1. (1) In the draft scheme referred to in sub-section (2) of section G, the size and shape of every plot 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 open spaces.
2. (2) For the purpose of sub-section (1), a draft scheme may contain proposals-
   • (i) to form a final plot by the reconstitution of an original plot by alteration of its boundaries, if necessary;
   • (ii) to form a final plot from an original plot by the transfer wholly or partly the adjoining lands;
   • (iii) to provide, with the consent of the owners, that two or more original plots each of which is held in ownership in severally or in joint ownership, shall hereafter, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot;
   • (iv) to allot a final plot to any owner dispossessed of land in furtherance of scheme; and
   • (v) to transfer the ownership of an original plot from one person to another.
3. (3) Where under clause (xii) of sub-section (1) of section 6, purpose to which buildings or specified areas may not be appropriated or uses have been specified, the buildings shall cease to be used for a purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme and the person affected by the provision shall be entitled to compensation from the Appropriate Authority in the manner and according to the method as may be prescribed: Provided that in ascertaining such compensation the time within which the person affected was permitted to change the use shall be taken into consideration.

1. (1) The appropriate authority shall, not later than three months from the date of publication of the draft scheme under section 7, submit the same with any modifications which it may have made therein together with a copy of objections received by it to the State Government for sanction. The State Government may, within three months from the date of its receipt, by notification, sanction such scheme with or without modifications or subject to such conditions as it may think fit to impose or refuse to sanction it. However, the State Government may, if deem fit, by notification in the Official Gazette, return the scheme to the appropriate authority to carry out such modifications as may be directed, including the direction to include or exclude any land in question in the scheme. The appropriate authority shall comply with the directions of the State Government and shall, after following the procedure laid down in section 7, submit the scheme within the specified time limit to the State Government. If the State Government sanctions such scheme, it shall in such notification state at what place and time the draft scheme be open for the inspection of the public and also state that copies of such scheme on application shall be available for sale.

1. (1) Where a draft scheme has been sanctioned by the State Government under sub-section
2. (2) of section 10, (hereinafter in this section, referred to as 'the sanctioned draft scheme'), all lands required by the appropriate authority for the purposes specified in clauses (iii), (vi), (vii) or (vii) of sub-section (1) of.section f shall vest absolutely in the appropriate authority free from all encumbrances.
3. (2) Nothing in sub-section (1) shall affect any right of the owner of the land vesting in the appropriate authority under that sub-section.
4. (3) The provisions of section. 31 & 32 shall mutatis mutandis apply to the sanctioned draft scheme as if the sanctioned draft scheme were a preliminary scheme.

1. (1) Whore the appropriate authority has published a declaration under section 4, the State Government may, on an application of the appropriate authority, by order published in the Official Gazette, suspend to such extent as may be necessary for the proper carrying out of the scheme, any rule, bye-law, regulation, notification or order made or issued under any law which the State Legislature is competent to make or amend.
2. (2) Any order issued under sub-section (1) shall cease to operate in the event of the State Government refusing to sanction the scheme or in the event of the withdrawal of the scheme under section 28 or in the event of coming into force of the final scheme or in the event of the declaration lapsing under sub-section (3) of section 7.

1. (1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which a declaration of intention to make a scheme has been made and any entry in the record of rights or mutation register relevant to such disputed claim is inaccurate or inconclusive, an enquiry may be held on an application being made by the appropriate authority or the Land Pooling Officer at any time prior to the date on which the Land Pooling Officer draws up the preliminary scheme under section 22 by such officer as the State Government may appoint for the purpose of deciding as to who shall be deemed to he owner for the purposes of this Act.
2. (2) The decision under sub-section (1) shall not be subject to appeal hut it shall not operate as a bar to a regular suit in a civil court.
3. (3) The decision under sub-section (1) shall, in the event of a civil court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the appropriate authority either by the civil court or by a person affected by such decree.
4. (4) Where a decree of civil court referred to in sub-section (3) is passed after final scheme has been sanctioned by the State Government, the final scheme shall he deemed to have been suitably modified by reason of such decree.