The Sikkim Town and Country Planning Act, 2024
Chapter VIII DEVELOPMENT SCHEMES
Infrastructure2024124 sections8 chapters
Chapter VIII DEVELOPMENT SCHEMES
57. Power of the Authority to frame and execute development schemes
Statutory text
Power of the Authority to frame and execute development schemes 57.
- (1) Subject to the provisions of this Act and rules and regulations made thereunder, the Authority may undertake development in any area under its jurisdiction by framing and executing development schemes.
- (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Authority to undertake development in any area outside its jurisdiction for the purpose of providing amenities and utilities which are wholly or partly beneficial to the residents of the area under its jurisdiction.
Chapter VIII DEVELOPMENT SCHEMES
58. Publication of the development scheme and its approval
Statutory text
- (1) A development scheme not inconsistent with any other law enforced in the State may be prepared for making provision for all or any of the following matters namely:
- (a) acquisition of land by purchase, lease or otherwise and to erect thereon such building or to carry out such operations as may be necessary for the purposes of carrying on its functions;
- (b) establishment of a new town;
- (c) establishment of industries, industrial estates, flatted factories, service industries;
- (d) establishment of commercial centers, including specialized markets, wholesale trade centers and mandies;
- (e) establishment of tourist centers and tourism related infrastructure;
- (f) development and landscaping of open spaces, recreational grounds, parks, zoological and botanical gardens, public assembly grounds and social forestry;
- (g) conservation of ecologically sensitive areas and prevention of injury or contamination of rivers, water bodies and sources of water supply;
- (h) preservation and protection of heritage sites and buildings, objects of historical importance or natural beauty and of buildings actually used for religious purposes;
- (i) control of floods and air and water pollution;
- (j) housing schemes for different income groups including housing for economically weaker sections of the society;
- (k) construction and maintenance of rest houses, night shelter, infirmaries, homes for destitute, differently abled children, person with disabilities, senior citizens, etc.;
- (l) redevelopment and renewal of blighted area;
- (m) resettlement, rehabilitation and upgradation of slum areas;
- (n) provision of health care, educational, cultural, religious and recreational facilities;
- (o) provision of water supply, electricity and gas, disposal of sewage, solid waste and refuse and manufacture of its bye-products;
- (p) provision of sanitary arrangements including construction of drains and general conservancy, public conveniences, etc.;
- (q) construction, reconstruction, alteration, improvement and maintenance of public roads and streets, bridges, parking lots, transport terminals including bus depots, airports, bus bays and stops, street lighting and avenue plantation;
- (r) provision of public transportation including mass transportation by rail or road or ropeway; provision of communication facilities;
- (t) provision for burial and cremation grounds;
- (u) slaughter houses;
- (v) closure or demolition of dwellings and portions of dwellings unfit for human habitation;
- (w) demolition of obstructive buildings or obstructive portions of buildings; and
- (x) such other matters not inconsistent with the objects of this Act, as may be considered necessary.
- (2) Every development scheme shall contain details, as far as may be applicable, in respect of:-
- (a) land assembly over which the development scheme is to be implemented;
- (b) layout plan and other relevant drawings and details including, if necessary, the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the number, height and character of buildings allowed in specific areas, the purposes for which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking space and loading and unloading space for any building and the size of projections and advertisement signs and hoardings;
- (c) total estimated cost, sources of funding and cost recovery statement;
- (d) manner of disposal of assets, if any;
- (e) management and maintenance mechanism;
- (f) any other matter considered necessary.
- (3) The Authority may, on such terms and conditions as may be agreed upon, undertake formulation and execution of any developmental project anywhere on behalf of the local authority, body corporate, co-operative society, or a department of the State or the Central Government: Provided that permission for such development has been obtained under the
Chapter VIII DEVELOPMENT SCHEMES
59. Power of the Authority to engage consultants
Statutory text
Power of the Authority to engage consultants 59.
Chapter VIII DEVELOPMENT SCHEMES
60. The Authority may, for framing and executing a development scheme, engage any consultant on such terms and conditions as may be agreed upon between it and the consultant.
Statutory text
Publications of the development scheme and its approval **Publications of the development scheme and its approval**
60.
- (1) As soon as may be, after a development scheme has been formulated, the authority shall publish it, in at least one local newspaper and digital media, a notice of preparation of the development scheme and the place or the places where copies of the same may be inspected, inviting objections and suggestion in writing form the public to the filed within 30 (thirty) days from the date of publication of such notice in the newspaper. The notice shall also state the name of the place or places where a copy of the development scheme shall be available for inspection by the public during the office hours: Provided that no such notice under this sub-section shall be required where the development scheme is within the framework of the approved development plan of a development area.
- (2) After the expiry of the period allowed under sub-section
- (1) for filing objections and suggestions, the Authority shall consider all the objections and suggestions received and shall after allowing reasonable opportunity of being heard, to any person who has made a request of being so heard, make
Chapter VIII DEVELOPMENT SCHEMES
61. Power of the Authority to set-up functional agencies
Statutory text
Power of the Authority to set-up functional agencies 61.
- (1) The Authority may, with the prior approval of the Government, set-up functional agencies for performance of such functions, not inconsistent with the objects of this Act, in such cases where it considers appropriate that it would be in public interest and would effect economy and efficiency in the performance of the functions assigned to it.
- (2) The composition, management and the procedures of the aforesaid agencies to be set-up under sub-section
- (1) shall be such as may be prescribed.
Chapter VIII DEVELOPMENT SCHEMES
62. Auction of Floor Area Ratio
Statutory text
- (1) If the Authority is satisfied that in a particular locality, augmentation of infrastructure, particularly relating to transportation, has occurred to such an extent that there is a scope for permitting additional built-up space by way of additional Floor Area Ratio
- (FAR) or Floor Space Index
- (FSI) over and above the permissible FAR or FSI in the area, it may prepare, with the approval of the Government, a scheme identifying the specific area where such additional built-up space can be permitted by way of auction and specifying the applicable development control norms.
- (2) The scheme prepared under sub-section
- (1) shall qualify the total additional built-up space to be permitted and maximum spot Floor Area Ratio or Floor Space Index to be allowed by auction. Thereupon, the Authority, shall auction the aforesaid additional build-up in the manner prescribed: Provided that no auction shall take place unless augmentation of infrastructure and services mentioned in sub-section
- (1) has become fully operational.
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