Chapter XII TOWN DEVELOPMENT SCHEMES

(i) Subject to the provision of this Act, the Authority may for the purpose of implementation of the provision of the Master Plan or for providing amenities where the same are not available or are inadequate or for planning for re-development or renewal of areas having undesirable developments, prepare one or more town development schemes (hereinafter referred to as the scheme) after declaration of the concerned area as local planning area. (ii) The scheme may make provisions for any or all of the following matters, namely: (a) the matters specified in section 58, (b) the laying-out or relaying-out land, either vacant or already built upon; (c ) the filling up or reclamation or low-lying swampy or unhealthy areas or leveling up of land; (d) layout of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets, roads and communication; (e) the reconstitution of plots; (f) the construction, alteration and removal of buildings, bridges, and other structures; (g) the allotment or reservation of land for roads, open spaces, gardens, recreation, grounds, schools, markets, industrial and commercial activities, green belts and diaries, transport facilities and public purpose of all kinds; (h) undertaking housing schemes for different income groups, commercial areas, industrial estimates, provision of community facilities like schools, hospitals and similar types of development; (i) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal; (j) street lighting (k) drinking water supply; (l) preservation and protection of objects of historical importance or national interest, natural beauty or heritage site ; (m) the imposition of conditions and restrictions in regard to the open space to be maintained around building the percentage of building area for a plot, the number, height and character of buildings allowed in specified areas, the sub-division of plots, the discontinuance of objectionable uses of land or building in any areas in specified periods, parking spaces and loading and unloading, spaces for any building advertisement signs, digital screens; (n) the suspension, so far as may be necessary for proper carrying out of the scheme of any rules, bye-laws, regulation notification or order made or issued under any Act of the State Legislature or any of the Act which the State Legislature is competent to amend; (o) acquisitions by purchase, exchange or otherwise of any property necessary for or effected by the execution of the scheme, and (p) such other matters not inconsistent with the objects of this Act, as may be prescribed.

(1) The Authority may by an order declare its intention to make scheme in respect of any planning area or any part of the planning area. (2) Not later than thirty days from the date of declaration of intention to make a scheme (hereinafter referred to as the declaration) the Authority shall publish the declaration in the Official Gazette and in such other manner as may be prescribed and dispatch a copy thereof together with a copy of the plan showing the area to be included in the scheme to the State Government and the Board and also to the Local Authority in whose jurisdiction the land under the proposed scheme falls. (3) A copy of the plan referred to in sub-section (2) shall be open to the inspection of the public at all reasonable hours at the office of the Authority and also on the website of the Authority.

(i) Not after than twelve months from the date of declaration, subject, however to sub-section (3), the Authority shall, with the prior consent of the Local Authority in whose jurisdiction the land under the proposed scheme falls make a draft scheme for the area in respect of which the declaration was made and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that the draft scheme in respect of such area has been made and notice shall state the name of the place where a copy thereof shall be available for inspection by public and shall also state that copies thereof or any extract there from certified to be correct shall be available for sale to the public at a reasonable price. (ii) The Local Authority shall give its consent under sub-section (i) within period of thirty (30) days and if such consent is not given within the prescribed period, the Authority shall presume that the local authority has no objection to the provisions of the draft scheme. Provided that where the Local Authority conveys its refusal to give consent to the draft scheme within the prescribed period or where there is a difference of opinion between the Authority and the Local Authority with regard to the draft scheme, the matter shall be referred by the Authority to the Board having representation of the concerned Local Authority for decision and the decision of the Board shall be final. (iii) After thirty days from the date of publication of the notice under sub-section (1) regarding preparation of the draft scheme if any person affected thereby communicates in writing any objection relating to such scheme, the Authority shall consider such objection and may at any time before submitting the draft scheme to the State Government as hereinafter provided, modify such scheme as it thinks fit. (iv) If the Authority fails to make a draft scheme and publish a notice regarding its making within the period specified in sub-section (3) the declaration shall lapse, but any such lapse of the declaration shall not debar the Authority from making afresh declaration any time in respect of the same area. (v) The State Government may, on application made by the Authority from time to time, by notification in the Official Gazette extend the period specified in sub-section (1) or sub-section (2) by such period not exceeding, six months as may be specified in the notification.

If at any time before a draft scheme is submitted to the State Government for sanction, the Authority suo moto or on any representation made to it, is of the opinion that additional area be included within the scheme, the Authority may, after informing the State Government and the Board giving notice in the Official Gazette and also in local newspapers and on the website, include such additional area in the scheme and thereupon, all the provisions of sections 82, 83, and 84 shall apply in relation to such additional area as they apply to any original area of the scheme and draft scheme shall be prepared for the original area and additional area and submitted to the State Government for sanction.

(i) Notwithstanding anything contained in this Act, the State Government may, in respect of any Authority after making such enquiry as it deems necessary, direct that Authority to make and submit for its sanction, a draft scheme in respect of any land in regard to which a scheme may be made after a notice regarding its making has been duly published in the prescribed manner. (ii) If the Authority falls to make the declaration of intention to make a scheme within ninety days from the date of direction made under sub-section (1), the State Government may, by notification in the Official Gazette, appoint an officer to make and submit the draft scheme for the land to the State Government after a notice regarding its making has been duly published as aforesaid and thereupon the provisions of this Act shall, as far as may be applicable, apply to the making of such a scheme.

(i) If the draft scheme requires re-constitution of plots, the size and shape or reconstituted plots shall be determined, so far as may be, to render them suitable for building purposes, and where a plot is already built upon, to ensure that the buildings, as far as possible complies with the provisions of the scheme as regards open spaces. (ii) For the purpose of sub-section (1), a draft scheme may contain proposals,- (a) to form a re-constituted plot of an original plot by alteration of the boundaries of the original plot, if necessary; (b) to form a re-constituted plot from an original plot by the transfer wholly or partly of the adjoining lands. (c ) to provide, with the consent of the owners, that two or more original plots each of which is held in ownership in severally or in joint ownership, shall hereafter, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot; (d) to allot a re-constituted plot to any owner dispossessed of land in furtherance of the scheme; and (e) to transfer for ownership of an original plot from one person to another.

Where under sub-clause (a) of sub-section (2) of section 83, the purpose is such to which the buildings or areas may not be appropriated or used in pursuance of section 66, the building or area shall cease to be used for any purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme, and the person affected by this provision shall be entitled to such compensation from the Authority as may be determined by the Arbitrator. Provided that in ascertaining whether compensation is to be paid, the time within which the person affected was permitted to change the use shall be taken into consideration

(i) The Authority not later than six months from the date of publication of the draft scheme under section 84, shall submit the same with any modifications which it may have made therein together with a copy of objections received by it to the State Government, and shall at the apply for its sanction. (ii) On receiving application under sub-section (1) and after making such Enquiry as it may think fit, the State Government may, not later than three months from the date of its submission, by notification in the Official Gazette, or not later than such draft scheme

(i) On or after the date on which a declaration of intention to make a scheme is published in the Official Gazette under sub-section (1) of section 85 – (a) no person shall within the area included in the scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the permission of the Authority in the prescribed from ; (b) the Authority on receipt of such application shall at once furnish the applicant with a written acknowledgement of its receipt and after enquiry and where an Arbitrator has been appointed in respect of a draft scheme after obtaining his approval may either grant or refuse such permission, or grant it subject to such conditions as the Authority may think fit to impose. (ii) If the Authority communicates no decision to the applicant within sixty days from the date of such acknowledgement, referred to in clause (b) of sub-section (1), the applicant shall be deemed to have been granted such permission. (iii) If any person contravenes the provisions of clause (a) or clause (b) of sub-section (1), the Authority may direct such person by notice in writing to stop any development in progress and after making enquiry in the prescribed manner, remove, pull down or alter any building or other developmental or restore the in respect of which such contravention is made to its original condition. (iv) Any expense incurred by the Authority in the discharge of its duties under sub-section (3) shall be sum due to the Authority under this Act from the person in default or the owner of the plot. (v) The provisions of Chapter XI shall mutatis mutandis; apply in relation to the development and use of land included in a scheme in so far as they are not inconsistent with the provision of this Chapter. (vi) The restriction imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the final scheme or in the event of the withdrawal of the scheme under section 106 or in the event of the declaration lapsing under sub-section (4) of section 93.

(i) Where the authority has published a declaration under section 84, the State Government may, on an application of the Authority by order published in the Official Gazette suspend to such extent such may be necessary for the proper carrying out of the scheme, any rule, bye-law, regulation, notification or order made or issued under any law which the State Legislature is competent to make or amend. (ii) Any order issued under sub-section (1) shall cease in the event of the State Government refusing the sanction the scheme or in the event of the withdrawal of the scheme under section 136 or in the event of coming into force of the final scheme or in the event of the declaration lapsing under sub-section (4) of section 85.

(i) Where there is a disputed claim as to ownership of any piece of land included in an area in respect of which a declaration of intention of make has been made and any entry in the record of rights or mutation register relevant to such disputed claim, is inaccurate or inconclusive, an enquiry may be held on an application being made by the Authority at any time prior to the date on which the Authority draws up the final scheme under clause (u) of sub-section (iii) of section 94 by any such Committee as the State Government may appoint for the purpose of deciding as to who shall be deemed to be the owner for the purposes of this Act. (ii) The decision under sub-section (i) shall not be subject to appeal but it shall not operate as a bar to a regular suit in a civil court. (iii) The decision under sub-section (i) shall in the event of a court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the Authority either by the civil court or by a person affected by such decree however the Authority shall have powers to appeal in the higher Courts against the order of the civil court passing the decree if the Authority deems it feet. (iv) Where a decree referred to in sub-section (iii) of the civil court passed after final scheme has been sanctioned by the State Government under section 105, the final scheme shall be deemed to have been suitably varied by reason of such decree.

(i) Within one month from the date on which the sanction of the State government to the draft scheme is published in the Official Gazette under sub-section (i) of section 85, the State Government shall, wherever necessary for the purposes of one or more scheme received by it for sanction, appoint any Expert Committee with such a number of persons, possessing such qualifications as may be prescribed to be an Arbitrator and duties shall be as hereinafter notified. (ii) The State Government may, if it at any time, remove for incompetence or misconduct or replace for any good or sufficient reason any member or chairman of the Expert Committee acting as an arbitrator appointed under sub-section (i). (iii) In accordance with the prescribed procedure, every Expert Committee, may, - (a) after notice given by the committee in the prescribed manner, define, demarcate and decide the areas allotted to, or reserved for the public purposes or purposes of the Authority, and also the reconstituted plots; (b) after notice given by the Committee in the prescribed manner, decide the person or persons to whom a reconstituted plot is to be allotted, when such plot is to be allotted, and when such plot is to be allotted to persons having ownership in common, decide the shares of such persons; (c) estimate the value of and fix the difference between the values of the original plots and the values of the reconstituted plots included in the final scheme in accordance with the provisions of clause (f) of sub-section (1) of section 115; (d) estimate the compensation payable for the loss of the area of the original plot in accordance with the provisions of clause (f) of sub-section (1) of section 115 in respect of any original plot which is wholly acquired under the scheme; (e) determine whether the areas allotted or reserved for the public purpose or purposes of the Authority are beneficial wholly or partly to the owners or residents within the area of the scheme; (f) estimate the proportion of the sums payable as compensation on each plot use, allotted or reserved for the public purpose or purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the construction of the scheme; (g) determine the proportion of contribution to be levied on each plot used, allotted or reserved for a public purpose or purposes of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public; (h) determine the amount of exemption, if any, from the payment of the contribution that may be granted in respect of plots or portions thereof exclusively used or occupied for religious or charitable purposes at the date on which the final scheme is drawn up under clause (xxi) of this sub-section; (i) estimate the value of reconstituted plots included in the final scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 116; (j) calculate the proportion in which the increment in respect of the reconstituted plots included in the final scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions of section 115; (k) calculate the contribution to be levied on each reconstituted plot included in the final scheme; (l) determine the amount to be deducted from or added to as , as the case may be the contribution loveable from a person in accordance with the provisions of section 118; (m) provide for the total or partial of any right in an original plot to a reconstituted plot or provide for the extinction of any right in an original plot in accordance with the provisions of section 122; (n) estimate the amount of compensation payable under section 89; (o) where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to or contribution payable by the mortgage or lessee on one hand and the mortgagor or lesser on the other ; (p) estimate with reference to claims made before him, after the notice given by him in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a scheme in accordance with the provisions of section 120; (q) determine the period in which the works provided in the scheme shall be completed by the Authority; (r) determine the amount of development charge leviable under Chapter XIII and the apportionment and mode of recovery; (s) determine on the request of the Authority the amount of betterment charge leviable under Chapter XIII; (t) determine such other matters as may be prescribed, (u) draw in the prescribed form the final scheme in accordance with the draft scheme; Provided that: - (a) the Committee may make variations from the draft scheme; (b) the Committee may, with the previous sanction of the State government after hearing the Authority and any owner who may, raise objections, make substantial variations in the draft scheme. Explanation : - For the purpose of sub-clause (b) of the aforesaid proviso “substantial variation” means increase or decrease in the total cost of the draft scheme by more than twenty per cent, on account of the provision of the works or the reservation of additional sites for public purposes included in the final scheme. (iv) The Expert Committee shall decide all matters referred to in sub-section (iii) within a period of four months from the date of his appointment. Provided that the State Government may, if it thinks fit, whether the said period has expired or not, and whether all the matters referred to in sub-section (iii) have been decided or not, extend, from time to time, by a notification in the Official Gazette, the period for deciding all the matters referred to in sub-section (iii). (v) The State Government shall provide honorarium and other allowances to the Chairman and members of the Expert Committee as may be prescribed.

Except in matters arising out of clauses (d) to (k) (both inclusive) and clause (n), (o), (p), (r), (s) and (t) of sub-section (iii) of section 94 every decision of the Expert Committee shall be final and conclusive and binding on all parties including the Authority.

(i) Any decision of the Expert Committee under clauses (d) to (k) (both inclusive) and clauses ((n), (o), (p) (r), (s) and (t) of sub-section (iii) of section 94 shall be forthwith communicated to the party concerned including the Authority and any party aggrieved by such decision may, within sixty days from the date of communication of the decision, prefer an appeal to the Tribunal of Appeal constituted under section 97. (ii) The provisions of sections 5, 12 and 14 of the Limitation Act, 1963 (Central Act 36 of 1963) shall apply to appeals submitted under this section.

(i) The Tribunal of Appeal shall consist of a Chairperson and Two members. (ii) The person to be appointed as President by the State Government shall be a retired or serving District Judge: Provided that the serving District Judge shall be appointed on the recommendations of the High Court of Tripura. (iii) The State Government may appoint two members, who shall, have proper knowledge or experience of town planning. (iv) The Chairperson of the Tribunal of Appeal and the members shall be appointed for such period as may be required to decided appeals preferred against the decisions under clauses (d) to (k) (both inclusive) and clauses ((n), (o), (p) (r), (s) and (t) of sub-section (iii) of section 94. (v) The State Government may, if it thinks fit, remove for incompetence or misconduct or any good and sufficient reason any member appointed under sub-section (iii). (vi) If any member is removed or dies or refuses or neglects to act or becomes incapable of acting, the State Government shall appoint forthwith another person to take the place of such member.

The Expert Committee shall not be required to give evidence in the proceedings before the Tribunal of Appeal but the Chairperson may require the Expert Committee to assist the Tribunal of Appeal in an advisory capacity.

The Tribunal of Appeal may sit either at the State Headquarters or at any other place which the State Government may specify from time to time in this behalf.

All the matters shall be decided by the Tribunal by majority.

(i) The Tribunal of Appeal shall after making such enquiry as it may think fit, decide all matters arising out of clauses (d) to (k) (both inclusive) and clauses ((n), (o), (p) (r), (s) and (t) of sub-section (iii) of section 94 in respect of appeals preferred before the Tribunal of Appeal and may either confirm the proposals of the Expert Committee, wherever necessary to reconsider, vary or modify his proposals only in respect of aforesaid matters. (ii) Every decision of the Tribunal of Appeal under sub-section (1) shall be final and conclusive and binding on all persons and parties including the Authority.

Nothing contained in this Act shall be deemed to constitute the Tribunal of Appeal to be a court.

(i) The Chairperson of the Tribunal of appeal and the Assessor shall save where they are salaried Government Officers, be entitled to such remunerations and allowances as the State Government may, from time to time prescribe in the notification to be published in the Official Gazette. Provided that in exceptional cases where the scheme is a large one or the work involved is complicated the State Government may authorized the Chairperson and the Members even if they are salaried Government Officers, to received such remuneration, as the state Government may, by order, decide from time to time. (ii) The salary of the Chairperson of the Tribunal of Appeal or the members who are salaried Government Officers, and any remuneration payable under sub-section (i) of this section and fees payable to expert Committee under sub-section (2) of section 98 and all expenses incidental to the working of the Tribunal of Appeal shall, unless the State Government otherwise determines, be defrayed out of the funds of the Authority and shall be added to the cost of the scheme.

(i) Where no appeal has been made under section 96 decisions of the Expert Committee under clauses (d) to (k) (both inclusive) and clauses ((n), (o), (p) (r), (s) and (t) of sub-section (3) of section 94 shall be final and binding on the parties. (ii) The Tribunal of Appeal shall send a copy of its decision in appeal to the Chairman of Expert Committee who shall then where necessary, make variation in the scheme in accordance with such decision and may also rectify such errors or omissions, if any, as may have been brought to his notices after publication of the final scheme as drawn up by him under clause (u) of sub-section (iii) of section 94 and the Chairman of Expert Committee shall forward such final scheme together with a copy of his decision under section 94 and a copy of the decision of Tribunal of Appeal to the State government for the sanction of the final scheme.

(i) The State Government may, within the period of one hundred twenty days from the date of receipt of the final scheme under section 104 from the Chairman of Expert Committee, or within such further period as the State Government may, extend, by notification in the Official Gazette, either sanction the scheme or refuse to give such sanction. Provided that in sanctioning the scheme the State Government may make such modifications as may in its opinion be necessary for the purposes of rectifying an error, irregularity or infirmity. (ii) If the State Government sanctions the scheme in terms of sub-section (1) it shall state in the notification – (a) the place at which a copy of the final scheme is kept open to inspection by the public and also state therein that copies of the scheme or extract therefrom certified to be correct shall, on application, be available for sale to the public at a reasonable price. (b) A date which shall not be earlier than thirty days after the date of publication of the notification on which all the liabilities created by the scheme take effect and the final scheme shall come into force. provided that the state Government may from time to time, postpone such date, by notification in the Official Gazette, by such period not exceeding ninety days at a time as it thinks fit. (iii) on and after the date fixed in the notification referred to in sub-section (ii) the scheme shall have effect as if it were enacted in this Act.

(i) If at any time before the final scheme is sanctioned under section 105, the State Government considers it expedient that the scheme should be withdrawn, it may serve a notice in the prescribed manner on the Authority and on all the persons interest in the scheme for its intention to withdraw the scheme. (ii) After considering the objections, if any, received under sub-section (i) and after making such enquiry as it may think fit, the State Government may be notification in the Official Gazette, direct that the scheme shall by withdrawn and on such withdrawal no further proceeding shall be taken in regard to such scheme.

On and after date on which a final scheme comes into force – (a)all land required by the Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Authority free from all encumbrances; (b) all rights in the original plots which have been reconstituted shall terminate and the re-constituted plot shall become subject to the rights settled by the Expert Committee (c)the authority shall hand over possession of the re-constituted plots to the owners to whom they are allotted in the final scheme.

(i) On and after the date on which the final scheme comes into force, any person continuing to occupy and land which he is not entitled to occupy under the final scheme, may in accordance with the prescribed procedure be summarily evicted by the Authority or any of its officers authorized in that behalf by that Authority. (2) If the Authority is opposed or impeded in evicting such person or taking possession of the land from such person, the District Magistrate & Collector shall at the request of the Authority enforce the eviction of such person or secure delivery of possession of the land to the Authority as may be necessary as per the provisions various eviction laws in force.

(i) On and after the date on which the final scheme comes into force, the Authority may, after giving the prescribed notice and in accordance with the provisions of the scheme, - (a) remove, pull down or alter any building or other work in the area included in the scheme which is such as to contravene the scheme or in the erection of which or carrying out of which any provision of the scheme has not been complied with; (b) execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the Authority that delay in the execution of work would prejudice the efficient operation of the scheme. (ii) Any expenses incurred by the Authority under this section may be recovered from the person in default or from the owner of the original plot in the manner provided for the recovery of the sum due to the Authority under the provisions of this Act.

(i) If after the final scheme has come into force, the Authority considers that the scheme is defective on account of an error, irregularity or infirmity or that the scheme needs variation or modifications of a minor nature, the Authority may apply in writing to the State Government for variation of the scheme. (ii) If, on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall, by notification in the Official Gazette, authorize the Authority to prepare a draft of such variation and publish a notice in the Official Gazette, and is such other manner as may be prescribed stating that a draft variation has been prepared. (iii) The notice of preparation of draft variation under sub-section (ii) shall state every amendment proposed to be made in the scheme, and if any such amendment relates to a matter specified in any of the clauses (ii) of section 83, the draft variation shall also contain such other particulars as may be prescribed. (iv) The draft variation shall be open to the inspection of the public at the office of the Authority during office hours and copies of such draft variation or any abstract therefrom certified to be correct shall be available for sale to the public at a reasonable price.

Notwithstanding anything contained in sanction 110, a scheme may at any time be varied by a subsequent scheme made, published by means of notice and sanctioned in accordance with this Act: Provided that when a scheme is so varied the provisions of this Chapter shall, so far as may be applicable, apply to such variation and making of subsequent scheme and the date of the declaration of intention of the Authority to v vary the scheme shall, for the purposes of sections 86, 92, 115, 116, and 118 be deemed to be the date of declaration of intention to make a scheme referred to in those sections.

In the event of a scheme being withdrawn or sanction to a final scheme being refused by the State Government, the State Government may direct that the cost of the scheme be borne by the Authority or be paid to the Authority by the owners concerned, in such proportion as the State government may in each case determine.

Every party to any proceeding before an Arbitrator or the Tribunal of Appeal shall be entitled to appear either in person or by his agent authorized in writing in that behalf.

For the purpose of this Act, an officer appointed under sub-section (i) of section 94 as an Expert Committee (Arbitrator) or the Tribunal of Appeal may summon or enforce the attendance of witnesses including the parties, interested or any of them and compel them to give evidence and compel the production of documents by the same means, and as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.

(i) The cost of a scheme shall include, - (a) all sums payable by the Authority under the provisions of this Act which are not specifically excluded from the cost of the scheme. (b) all sums spent or estimated to be spent by the Authority in the making and in the execution of the scheme, the estimates for works included in the scheme being made on the date, the final scheme is drawn up by the Expert Committee under clause (u) of sub-section (iii) of section 94 (c) all sums payable as compensation for land reserved to be allotted for any public purpose or purpose of the Authority which is solely beneficial to the owners or residents within the area of the scheme, (d) such portions of the sums payable as compensation for land reserved or allotted for any public purpose or purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public as is attributable to the benefit accruing to the allotment. (e) All legal expenses incurred by the Authority in the making and in the execution of the scheme: and (f) The amount by which the total of the value of the original plots exceeds the total of the values of the plots included in the final scheme, each of such plots being estimated at its market values at the date of declaration of intention to make a scheme, with all the buildings and works thereon on date and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries. (ii) If any case the total of the value of the plots included in the final scheme exceeds the total of the value of the original plots, each of such plots being estimated in the manner provided in clause (f) of sub-section (i), then the amount of such excess shall be deducted in arriving at the cost of scheme as de defined in sub-section (i).

For the purposes of this Act, the increment shall be deemed to the amount by which, at the date of the declaration of intention to make a scheme, the market value of any plot, with reference to the improvements contemplated in the scheme on the assumption that the scheme has been completed, would exceed, on the same date, the market value of the same plot estimated without reference to such improvements. Provided that while estimating such value, the value of buildings or other works erected or in the course of erection on such plot not be taken into consideration.

(i) The cost of the scheme shall be met wholly or in part – (a) Where reconstitution of plots is not involved, by the levy of development charge under Chapter XIII, and (b) in other cases, by a contribution to be levied by the Authority on each re-constituted plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Arbitrator: Provided that – no such contribution shall exceed half the increment estimated by the Arbitrator to accrue in respect of such re-constituted plot or no such contribution shall be levied on a plot used allotted or reserved for a public purpose or purpose of the Authority, such plot being solely for the benefit of the owners or residents within the area of the scheme or the contribution levied on a plot used, allotted or reserved for a public purpose or purpose of the Authority which beneficial partly to the owners or residents within the area of the scheme and partly to the general public shall be calculated in the proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation. (ii) The owner of each re-constituted plot included in a final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot.

The amount by which the total value of re-constituted plots included in a final scheme with all the buildings and works thereon allotted to a person falls short of or exceeds the total value of the original plot with all the buildings and works thereon of such person shall be deducted from or added to, as the case may be, the contribution leviable on such person under section 117, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.

Any right in an original plot which in the opinion of the Arbitrator is capable of being transferred wholly or in part, without prejudice to the making of a re-constituted plot shall be so transferred and any right in an original plot which in the opinion of the Arbitrator is not capable of being so transferred shall be extinguished. Provided that an agricultural lease shall not be transferred from an original plot to a re-constituted plot without the consent of all parties to such lease.

The owner of any property or right which is injuriously affected by the making of a scheme shall, subject to provisions of section 122, if he makes a claim before the Arbitrator within sixty days of the receipt of the notice from the Arbitrator, be entitled to obtain compensation in respect thereof from the Authority or from any person benefited or partly from the Authority and partly from such person as the Arbitrator may in each case determine.

(i) No compensation shall be payable in receipt of any property o or private right of any sort which is alleged to be injuriously affected by reason of any provision contained in the scheme, if under any other law for the time being in force applicable to the area for which such scheme is to be made, no compensation is payable for such injurious affection. (ii) Property or a private right of any sort shall not be injuriously affected by reason of any provisions inserted in a scheme which with a view to securing the amenity of the Area included in such scheme or any part thereof, imposes any conditions specified in clause (b) sub-section (ii) of section 88.

If the owner of an original plot is not provided with a re-constituted plot in the final scheme or if the contribution to be levied on him under section 117 than the total amount to be deducted therefrom under any of the provisions of this Act the net amount of his loss shall be payable to him by the Authority in cash or in such other way as may be agreed upon by the parties.

(i) If from any cause, the total amount due to the Authority under the provisions of this Act from the owner of a re-constituted plot to be included in the final scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Arbitrator shall, at the request of the Authority, direct the owner of such plot to make payment to the Authority of the amount of such excess. (ii) If the owner referred to in sub-section (i) fails to make the payment within the prescribed period the Arbitrator shall, if the Authority so requests, acquire the original plot of such defaulter and apportion the compensation and apportion the compensation among the owner and other persons I interested in the plot on payment by the Authority of the value of such plot estimated as its market value at the date of declaration of intention to make a scheme and without reference to improvements contemplated in the scheme and thereupon the plot included in the final scheme shall vest absolutely in the Authority free from all encumbrances, but subject to the provisions of this Act Provided that the payment made by the Authority on account of value of original plot shall not be included in the cost of the scheme.

All payment due to be made to any person by the Authority under this Act shall, as far as possible, be made by an adjustment in such person’s account with the Authority in respect of the re-constituted plot concerned, or of any other plot in which he has an interest and falling such adjustment shall be paid in cash or in such other any as may be agreed upon by the parties.

(i) The net amount payable under the provisions of this Act by the owner of a reconstituted plot included in the final scheme may, at the opinion of the contributor, be paid in lumpsum or in such annual installments as may be prescribed and if the owner elects to pay the amount by installments interest at such rate as may be prescribed shall be charged on the net amount payable and if the owner of a plot fails to elect the option on or before the date specified in a notice issued to him in that behalf by the Authority, he shall be deemed to have elected the option of paying contribution by installments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make an election as aforesaid.

Provided that, where an owner elects to pay the amount in lumpsum but fails to do so, interest at such rate as may be prescribed shall be payable by him to the Authority from the date specified in the notice to the date of payment.

(ii) Where two or more reconstituted plots included in a final scheme are in the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several reconstituted plots in proportion to the increment which is estimated to accrue in respect of each reconstituted plot, unless the owner and the Authority agree to a different method of distribution.

(i) An Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a scheme subject to the power of the State Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on or after the day on which the scheme comes into force. (ii) an agreement referred to in sub-section (i) shall not in any way effect the duties of the arbitrator as stated in section 94 or the rights of the third parties but it shall be binding on the parties to the agreement notwithstanding any decision that may be made by the arbitrator.

Provided that, if any agreement contains any provisions which are inconsistent with the final scheme as drawn up by the Arbitrator under section 94 such an agreement shall be void.

Provided further that if the agreement is modified by the State Government either party shall have the option of avoiding it if it so elects.

(i) Any sum due to the Authority under this Act, rule or any regulation made thereunder shall be a first charge on the plot on which it is due, subject to the prior payment of land revenue, if any due to the State Government thereon. (ii) any sum due to the Authority under this Act, rule or regulation made thereunder which is not paid on demand on the day on which it becomes due or on the day fixed by the Authority, shall be recoverable by the Authority from the defaulter as if they were arrears of land revenue. (iii) If any question arises whether a sum is due to the Authority within the meaning of sub-section (ii), it shall be referred to the Tribunal of Appeal and the Tribunal of Appeal after making such enquiry as it may deem fit and giving to the person by whom the same is alleged to be payable, an opportunity of being heard decide the question and the decision of the Tribunal of Appeal thereon shall be final shall not be called in question in any court of before any other authority. (iv) The procedure to be followed by the Tribunal of Appeal in deciding questions referred to it under sub-section (iii) shall be such as may be prescribed.

Where after completing and meeting all the costs of a scheme as provided in this Act, any amount from the sums paid to the Authority under this Act remains as surplus, the Authority shall, in consultation with the owners of the plots, spend such surplus amount for providing further amenities within the area of the scheme.

(i) The Authority shall complete all the works provided in a final scheme within the period specified in the final scheme by the Arbitrator under clause (t) of sub-section (iii) of section 94.

Provided that exceptional circumstances on application by the Authority, the State Government may by an order in writing specifying those circumstances grant to the Authority in this behalf further extension of time as it may deem fit.

(ii) If the Authority falls to complete all the works within the specified period or within the period extended under sub-section (i), the State Government may, notwithstanding anything contained in sub-section (i), require the Authority to complete the works within such further period as it may consider reasonable or appoint an officer to complete such works at the cost of the Authority and recover the cost from the Authority in the prescribed manner.

Whoever willfully destroys or injures or without lawful authority, removes a boundary stone or mark lawfully fixed or constructed, the Competent Authority on receipt of the intimation from the Arbitrator or the Authority, may order such person to pay a penalty not exceeding Rs. 5 for each stone or mark so destroyed, injured or removed as may in its option be necessary to defray the expenses of restoring the same.