Vidhi Codex

section 6

Contents of land pooling scheme

The Rajasthan Land Pooling Scheme Act, 2016
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Chapter II Land Pooling Scheme

Statutory text
  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.

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