section 39
Making and Contents of Projects and Schemes
The Jodhpur Development Authority Act, 2009General200997 sections12 chapters
Chapter VII Projects and Schemes
Statutory text
- (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.
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