The Jodhpur Development Authority Act, 2009
Chapter VII Projects and Schemes
Chapter VII Projects and Schemes
39. Making and Contents of Projects and Schemes
- (1) Subject to the provisions of the Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan, may make such projects and schemes for the integrated development of Jodhpur Region or any part thereof, as may be considered necessary.
- (2) A project or scheme may provisions for all or any of the following matters, namely: -
- (i) any of the matters specified in Sections 21 & 22;
- (ii) acquisition, development, reservation and sale or leasing of land for purpose of public utilities such as road, si roots open spaces, parks, gardens recreation and play grounds, hospital-dispensaries, educational institutions, green-belts, dairies, housing development, development of markets, shopping centres, commercial complexes, cultural centres, administrative centres, transport facilities and public purposes fall kinds;
- (iii) acquisition laying out or relaying out of land either vacant or already built upon, re-building or re-locating areas which have been badly laid out or which have development or degenerated into a slum or kachhi basti, the filling up or reclamation of laying, swampy or unhealthy areas or leveling up of land;
- (iv) acquisition and development of areas for commercial, industrial, transportation, agricultural mandies and other similar purposes;
- (v) acquisition of land and its development for the purpose of laying out or remodelling of roads and streets pattern, layout of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;
- (vi) re-construction of plots for the purpose of buildings, roads, drainage inclusive of sewerage, surface or si soil drainage, disposal and other similar amenities;
- (vii) the construction, alteration and removal of buildings, bridges and other structures;
- (viii) lighting and water supply;
- (ix) the preservation of objects of historical or national interest or natural beauty and of buildings actually used for religious purposes;
- (x) the reservation of land in any scheme to such extent as may be provided by regulations for the purpose of providing housing accommodation to the members of Scheduled Castes, Scheduled Tribes, backward classes and weaker sections of the society;
- (xi) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of building allowed in specified areas the purpose 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 period parking space and loading and unloading space for any building and the sizes or locations of projections advertisement signs and hoardings;
- (xii) the suspension, so far as may be necessary, for the proper carrying out of the schemes, of any rule, bye-law, regulation, notification or order made or issued any law for the time being in force which the legislature of the State is competent to make: Provided that any suspension under this clause shall cease to operate in the event of the withdrawal of the scheme or on the coming into force of the final scheme.
- (xiii) any other work of a nature such as would bring about environmental improvements which may be taken up by the Authority and all such-other matters not inconsistent with the objects of this Act.
- (3) The draft project or scheme shall contain the following particulars, namely: -
- (a) the area, ownership and tenure of each original plot;
- (b) the particulars of land allotted or reserved under clause (ii) of sub-section (2) with a general indications 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;
- (c) the extent to which it is proposed to alter the boundaries of original plots;
- (d) the estimate of the net cost of the scheme to be borne by the appropriate authority;
- (e) a full description of all the details of the scheme under sub-section (2) as may be applicable;
- (f) the laying out or relaying out of land either vacant or already built upon;
- (g) the filling up or reclamation of low laying, swampy or unhealthy areas or levelling up of land; and
- (h) any other particulars as may be determined by regulations.
Chapter VII Projects and Schemes
40. Preparation of Projects and Schemes
- (1) The Authority may, by resolution, declare its intention to prepare a project or scheme as provided in section 39 in any development area.
- (2) Not later than thirty days from the date of such declaration intention to make such project or scheme, the Authority shall publish the declaration in the official Gazette and in such other manner as may be determined by regulations.
- (3) Not later than two years from the date of publication of the declaration under sub-section (2) the Authority shall prepare a project or scheme in draft from and publish it in such form and manner as may be determined by regulation together will a notice inviting objection and suggestions from any person with respect to the said draft project or scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice.
- (4) The Authority shall consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (3) and shall after giving a reasonable opportunity to such person affected thereby as are desirous of being heard, approve the draft project or scheme as published or make such modifications, as it may deem fit.
- (5) Immediately after a project or scheme is approved under sub-section (4) with or without modifications, the Authority shall publish in the official Gazette and in such other manner as may determined by regulations a final project or scheme and specify the date on which it shall come into operation.
- (6) Notwithstanding anything contained in the foregoing sub-sections, the procedure as laid down therein shall not be required to be followed in case the project or scheme is to be carried out on any land vested in the Authority and no demolition of any building or removal of persons living thereat is its execution.
Chapter VII Projects and Schemes
41. Restrictions on use and development of land after declaration of a Scheme
- (1) On or after the date on which a draft scheme in published under section 40. no person shall, within the area included in the project or scheme, institute change the use of any land or building or carry out any development, unless such person has applied for and obtained the necessary permission for doing so from the Authority in accordance with the regulations made in this behalf: Provided that it shall be lawful for any person to undertake such development within the village abadi limits in accordance with the permission granted by the local Panchayat so far as such permission is consistent with such draft scheme or schemes.
- (2) The provisions of Chapter VI shall be applicable mutatis mutandis for the project or scheme approved under sub-section (4) of section 40.
Chapter VII Projects and Schemes
42. Lapse of Scheme
If the Authority fails to implement the project of scheme approved under sub-section (4) of section 40 within a period of five years from the date of publication thereof under sub-section (5) of section 40, it shall, on the expiration of the said period of five years, lapse.
Chapter VII Projects and Schemes
43. Modification or withdrawal of project or Scheme
- (1) The Authority after making such inquiry as it may deem fit, may, if it is of the opinion that it is necessary or expedient so to do, by notification published in the official Gazette, declare that the project or scheme approved under sub-section (4) of section 40, is withdrawn and upon such declaration, no further proceedings, shall be taken in regard to such project or scheme.
- (2) If the Authority, after approval of any project or scheme under sub-section (4) of section 40, at any time, considers it necessary to make certain modifications therein, which in its opinion do not effect material alteration in the character of the project and scheme, may make suitable modifications.
Chapter VII Projects and Schemes
44. Saving to any project or Scheme
Notwithstanding anything contained in any provision of this Act or in any plan sanctioned under it, the Authority shall be at liberty to make and carry out any project or scheme not covered by the said plan in the opinion of the Authority, it is necessary to do-so or expedient in public interest, and the said plan shall be deemed to be modified to that extent.
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