Approval of development plan

**Approval of development plan**

38.

1. (1) As soon as may be, but not later than 30 (thirty) days of the preparation of the development plan of a development area, the Authority shall accord its consent to the development plan, and forward it to the Chief Town Planner and the District Planning Committee if constituted for concurrence.
2. (2) The Chief Town Planner and the District Planning Committee, shall thirty days from the date of the receipt of the development plan forwarded to it under sub-section (1), examine it in the light of the perspective plan approved or under the process of approval under section 37 and communicate their/its concurrence, in writing to the development authority of the plan being within the framework of perspective plan or suggest specific modifications if any, to bring it in conformity with the perspective plan.
3. (3) The Authority shall modify, if necessary, within 30 (thirty) days, the development plan in the light of the specific modifications suggested in the concurrence letter of the Chief Town Planner or the concerned District Planning Committee and resubmit it to the Chief Town Planner or the concerned District Planning Committee, as the case may be.
4. (4) The Chief Town Planner or the District Planning Committee, shall further examine the development plan, in the light of specific modifications suggested by it under sub-section
5. (2) and communicate within 30 (thirty) days from the date of resubmission of the plan, under sub-section (3), its concurrence in writing with or without further specific modifications.
6. (5) In case there are further specific modifications suggested in the concurrence letter received under sub-section (4), the Authority shall take necessary action to modify the development plan and resubmit, within 30 (thirty) days, the modified plan for concurrence of the Chief Town Planner or the District Planning Committee, but the part in respect to which no specific modifications has been suggested shall deemed to have been concurred and the Authority shall proceed further for getting approval as provided under sub-section
7. (7) of that part of the development plan in respect of which no modifications are required under sub-section (4).
8. (6) If the concurrence of the Chief Town Planner or the District Planning Committee is not received within the time allowed under sub-section
9. (2) or
10. (4) as the case may be, within 30 (thirty) days from the date of resubmission under sub-section
11. (5) as the case may be, the concurrence shall be deemed to have been given by the Chief Town Planner or, as the case may be, the District Planning Committee.
12. (7) As soon as may be, but not later than 30 (thirty) days from the date of receipt of the concurrence letter from the Chief Town Planner the District Planning Committee, as the case may be, under sub-sections (2),
13. (4) and
14. (5) or deemed concurrence as stipulated under sub-section (6), as the case may be, the Authority shall publish a notice in at least one local newspaper of the preparation of the development plan, inviting objections and suggestions from the publication of the notice in the newspaper. The notice shall state the name of the place or places where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom, certified to be correct, shall be available for sale to the public at reasonable price.
15. (8) The Authority shall, within a period of 60 (sixty) days from the date of expiry of notice under sub-section (7), consider all objections and suggestions received within the time allowed under sub-section
16. (7) and after making such enquiry as it may consider necessary and after giving reasonable opportunity of being heard to those persons who have made request in writing for being so heard, modify, if necessary, the development plan and submit to the Government for approval.
17. (9) Immediately after the development plan has been approved by the Government, the Authority shall publish a notice in Official Gazette and in at least one local newspaper of the approval of the development plan, stating the name of the place or places where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to public at a reasonable price.
18. (10) The development plan shall come into force from the date of publication of notice in the Official Gazette under sub-section (9).
19. (11) The provisions relating to District Planning Committees shall take effect only when the District Planning Committee are constituted under section 127 of the Sikkim Panchayat Act, 1993, section 255-A of the Sikkim Municipalities Act, 2007 and the Sikkim Panchayat and Municipalities (Election of Member of District Planning Committee, Manner of Convening Meeting and Power and Function of the District Planning Committee) Rules, 2012.