The ARUNACHAL PRADESH URBAN AND COUNTRY PLANNING ACT, 2007

l3
TIIE ARUNACHI,L PRADESH URBAN AND COUNTRY
PI,ANIiIING ACT, 20O7
(ACT No. 3 OF 2008)
(Received the assent ofthe Governor on 7th March,2008 published in
theArunachal Pradesh. E.O. Gazette No. 18 Vol. XV dated
14th March, 2008)
A\
ACT
to provide for planning the development ofurban areas and use ofurban
and rural land and to prevent encroachments ofpublic lands and to lay down
regulations for building constructions in urban areas in the State ofArunacbal
Pradesh and for purposes cormected therewith.
BE it enacted by the Legislature ofthe State ofArunachal Pradesh in the
Fifty eighth Year ofthe Republic oflndia as follows :
CI{APTER- I
Preliminary
I. (l) This Act may be called the Arunachal Pradesh
Urban and Country Planning Act, 2007.
(2) It extends to the whole ofthe State ofAruaachal
Pradesh or part thereof as may be notified by the
State Govemment.
(3) It shalt come itrto force on such date as the State
Government may, by notification in the Ofiicial
Gazette, appoint.
2. In this Act, unless there is anything repugnant in the
subject or context otherwise requires :-
(i) "Agriculture" includes horticulture, farming,
growing ofcrops, fruits, vegetables, flowers, grass,
foddet trees or any kind of cultivation of soil;
breeding and keeping oflivestock including cattle,
horses, donleys, mules, pigs, hsh, poultry, and
bees; the use of land which is ancillary to the
farming ofland or any other agriculture purposes,
but shall not include the use ofany land attached
to a building for the purposes of a garden to be
used along with such building; and "Agricultural'
shall be construed accordingly ;
Short title,
extent, &
corrmencsment.
Definitions.
14
(ii) "Amenities" include roads and streets, open
spaces, parks, recreational ground, play-grounds,
' water and electric supply, sfeet lighting, sewerage,
drainage, public works and otherutilities, services
and convcniences ;
(iii) "Area o{ bad lay-out or obsolete development"
means an area consisting of land which is badly
laid out or ofobsolete development, togetherwith
other land contiguous or adjacent thereto, whioh
is defined by a developmentplan as an area ofbad
layout or obsolete development ;
(iv) "Authority" mears State Urban and Country
Planning Board and Local PlanningAuthority
constituted under this Act;
(v) "Building Operations" include-
(a) erection or re-roofing ofa building, or any part
ofit;
(b) roofing, re-roofing ofany part ofa building or
open space;
(c) any material alteration or enlargement ofany
building;
(d) any material charge in the use ofa building,
including the use of
(e) its one part or more parts used for human
habitation into
(f) greater number ofsuch parts;
(e) any such alteration ofa building as is likely !o
affect an alteration of its drainage orsanitary
arangements, or materially affect its security;
(fl the construction of a door opening on any
sheet or land not belonging to the owner;
(vi) "Commerce" means carrying on any trade,
business or profession sale or exchange ofgoods
ofany type whatsoevel and includes the runaing
of, with a view to make profit, hospitals, nursing
homes, infirmaries, eduoational institutions, and
also includes hotels, restaurants, houses not
attached to any educational institutions, saris, and
"commercial" shall be construed accordingly;
i5
(vii) "Commercial use" includes the use ofany land
or building or part thereof for purposes of
commerce as defined or for storage ofgoods, or
as an office- whether attached to industry or
otherwise:
(viii) "Courf'means a principal civil court oforiginal
jurisdiction, and includes any other civil court
empowered by the State Government to perform
the functions of the court under this Act within
the pecuniary and local limits of its jurisdiction;
(ix) "Devetopmenf 'with its gammatical variations,
means tle carrying out ofbuilding. engineering.
mining or other operations in, on, over or under
land or the making ofany material change, in any
building or land, or in the use ofany building or
land and includes sub- division ofany land;
(x) "Development Plan" means interim development
plan or comprehensive development or
comprehensive developmentplan preparedunder
this Act;
(xi) "Engineering Operations" include the formation
oflaying out ofmeans ofaccess to a road or the
laying out ofmeans ofwater supply;
(xii) " Industry" includes the carrying of any
manufacturing process as defined in Factories
Act, 1948: and "indusrial" shall be construed
accordingly;
(xiii) "Industrial use" includes the user ofany lard or
building or part thereoffor purposes of industry
as defined;
(xiv) "Land" includes benefits to arise out ofland and
things attached to the earth or permanently
fastened to anlthing attached to the earth;
(xv) "Local Authority" means a Municipal Council or
Committee, or Town Committee Board / Authority
or District Board / Authority or other authority
legally entitled to, 'or entru:rted bv the
Governme[t with the control o!mana. ]r,r'Jo: of a
municip4l or local fund or which is pcm,ned by
th€ Govemment to exercise the powers ofa local
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(xvi)
authority, and includes a to*.n improvement Eust;
and a Local Authority is a "Local Authority
concemed" of any land within its local limits falls
in the area of a plan prepared or to be prepared
under this Act ;
"Local Newspaper" means any newspaper
published or circulated within the local Planning
afea;
"Planning A-rea" means any area declared to be a
Local Planning Area under thisAct:
"PlanningAuthorities" means State Urban and
Country Planning Board and Local Plarning
Authority constituted under this Act;
"Occupier" includes:
(xvii)
(xviii)
(xix)
a tenant;
an owner in occupation of, or otherwise using
his land:
a rent-free tenant ofany la[d:
a licensee in occupation ofany land; and
any person who is liable to pay to tle owner
damages for the use and occupation ofany
land;
(xx) "Own€r" includes a mortgage in possession a
person who for the time being is receiving or is
entitled to receive, or has received, the rent or
premium for any land whether on his own
account or on account of, or on behalfor for the
' benefit ofany other person or an agent, trustee,
guardian, or receiver for any other person or for
any religious or chadtable institutioD, or who
wound so receive the rent or premium or be
entitled to receive the rent or premium if the land
were let to a telant; and includes the Head ofa
Govemment department. General Manager ofa
Railway, the Secretary or otherprincipal officer
of a Local Authority, statutciry authority or
company, in respect of properties under their
respective conrol :
(a)
o)
(c)
(d)
(e)
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(xxi) "Prescribed" means prescribed by rules or
regulations made under this Act ;
(xxii) "Public Place" means any place or building
which is open to the use and enjoyment of the
public, whether it is actually used or enjoyed
by the public or not; and whether the entry is
regulated by any charge or not ;
(xxiii) "Relocation of population" means in relation to an
area ofbad lay-out or obsolete development or a
slum area, the making available, in that area or
elsewhere, of accommodation, for residential
purposes or for carrying on business or other
activities. togetler with amenities. to persons
living or carrying on business or other activities
in the said area who have to be so accornmodated
so that the said area may be properly plarured,
(xxiv) "Regulation" means a regulation made under this
Act by the State Urban and Country Planning
Board and Local Planning Authority and includes
zooing and other regulations made as a part ofa
Development Plan ;
(xxv) "Residence" includes the use for human habitation
ofany land or building or part thereof including
gardens, grounds, garages, stables, and houses,
if any, appertaining to such building; and
'residential" shall be constmed accordingly;
(xxvi) "Rule" means a rule made under this Act by the
State Goverrunent; and
(xxvii) "Slum area" means any predominantly residential
area, where the dwellings whic1 by reason of
dilapidation, over-crowding, faulty arrangement
of design, lack of ventilation, light or sanitary
facilities or any combination ofthesc fi.ro:s, are
detrimental to safety health or moral: aird which
is defiaed by a development plan as a slum area;
t8
State Urban
and Country
Planning
Board .
Functions and 4
powers of the
State Urba!
and Country
Planning
Board.
(ro<viii) Words and expressions not defined in this Act
shall be subject to interpretation of the State
Urban Development and Planning Authority.
(xxix) 'Dtector'means DAector ofTown Planning/ Chief
Town Planner, appointed by the State
Goverrunent.
CIIAPTER.II
State Urban and Country Planning Board
(1) As soon as maybe, afterthe commencement ofthis
Act, the State Govemment, shall by notihcation in
the Official Gazette constitute and appoint for the
purpose of carrying out the functions assigned to it
under this Act, an Authority to be called the State
Urban and Country Planning Board.
(2) The State Government may by notification in the
Official Gazette, constitute the State Urban and
Country Planning Board as deemed necessary
from time to time.
(3) The Director ofTown Planning/ ChiefTown Plannel
shall be Member Secretary to the State Urban and
Country Planning Board. He may for the purpose of
carrying out functions assigned to him under this
Act, hire Office rs/Officials/ professionals from
various Govemment Works Departsflents for certain
periods for specific purposes as mentioned in section-
13. Further tle State Urban and Country Planning
Board may authorize the Dilector ofTown Planning /
ChiefTown Plarurer, for execution ofcertain functions
on behalf of the State Urban and Country Plaruing
Board as requted in the Act. The Director ofTown
Planning/ ChiefTown Plarmer appointed under this
Act shall possess such educational qualifications
from any institution as recognized by the Institute of
Town Planner, India.
(1) Subject to the provisions ofthis Act, and the rules
fi:amed there under, the functions ofthe State Urban
ard Country Planning Board shall be to guids, direct,
and assist the Local Planning Authorities to frame
policies in matten relating to Plaffing, Development
and use ofrural and urban land in the State, and to
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perform such other functions as the State
Government may, from time to time, assign to the
State Urbar and Country Planning Board :
(2) In panicular and without prejudice to the
generality of the foregoing provisions, the
Stat€ Urban and Country Planning Board may,
ifrequired by the State Government-
(a) direct the Local Planning Authorities/
Sub-Divisional Planning Authoriries as
the case may be for the preparation of
Development Plan;
(b) undertake, assist and encourage the
colleclion, maintenalce, and
publication of statistics, bulletins and
monographs on planning and its
methodology;
(c) prepare and fumish reports relating to
the working of this Act;
(d) perform any other function which is
supplemental, incidental or
consequential to any of the functions
aforesaid or which may be prescribed.
(3) The State Urban and Country Planning Board
may exercise all such powers as may be
necessary or expedient for the purposes of
carrying out its functions under this Act.
(4) For carryi-ng out the purposes ofthis Act, the
State Urban and Country Planning Board on
behalf of the State Govemment tkough the
Secretary, shall supervise, guide and direct the
Local Planning Authorities/ Sub-Divisional
Ptanning Authorities as and when need arises.
5. (1) The term of office and conditiors of service of the
Chairman and other memberc of the Statc Urban and
Country Plarming Board shall be such as may be
prescriM; and they shall be entitled to receive such
salaries with allowances or honoradrun or both as may
be fixed by the State Government from time to time .
(2) The State Govemment may, if it thinks fit, terminate
the appointrnent ofChairman or any members ofthe
State U6an and Country Planning Board at any time.
Term ofoffice
and conditions
of service of
Chairman and
members of
State Urban
and Country
Plaruring Board
Meetings of the 6
State Ulbar
and Country
Plandng Board.
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(3) The Chairman or any member may resign his
membership of the State Urban and Country
Plaming Board by giving notice in writing to the
State Governrnent, and on such resignation being
accepted by the state Govemment he shall cease to
be a member of the State Urban and Counfy Plaming
Board.
(4) Any vacancy so created shall be filled by fresh
appointnent by the State Government.
( I ) The State Urban and Country Planning Board shall
convene meeting once in every six months and
preferably twice in a year at such times and places
and shall, subject to provisions of sub-section (2)
and (3) below, observe the procedure as may be
prescribed in regard lo the transaction ofits business
at such meeting.
(2) The Chairman or in his absence the Vice-Chairman
if any, or in the absence of Chairman and or the
Vice Chairman, any member chosen by the
members from amongst themselves, shall preside
at a meeti[g of the State Urban and Country
Planning Board.
(3) All questions, at a meeting of the State Urban and
Country Planning Board, shall be decided by a
majority ofthe votes ofthe members present and
voting and in the case of equality of votes; the
person presiding shall have a second or casting
vot€.
(4) Minutes shall be kept ofthe names ofthe members
present and of the proceedings at each meeting
in a book to be kept for this purpose, which shall
be signed at the next ensuing meeting by the
person presiding at such meeting, and shall be
open to inspection, by any member during office
hours.
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2l
CII,\PI ER - III
Declaration of Locll Planning Areas, their
amalgamation, sub-division, inclusion of any area front
Local Planning Area
(1) The State Govemment/ State Urban and Country
Planning Board may, by notification declare any area
in the State to be a Local Planning Area which may
be comprised of one or more districts for the
purposes of this Act, and on such declaration this
Act shall apply to such area provided that no military
cantonment or part ofa military cantoDment shall be
included in any such area.
(2) Every such notification shall define the limits ofthe
area to which it relates.
(3) The State GovemmenV State Urban and Country
Planaing Board may amalgamate two or more
Planning areas into one Local Planning Area, sub-
divide a Local Planning area into different Local
Planning areas, and include such divided areas in
any other Local Plaming area.
(4) Ths State Govemment/ State Urban and Country
Plaming Board may by notification dfect that all or
any ofthe rules, regulations, orders, directions and
powers made, issued, conferred and in force in any
other Local Planning Area at the time, with such
exceptions and adaptations and modifications as
may be considered necessary by the State
CovemmenV State Urban and Country Planning
Board, shall apply to the area under this section and
such rules, regulations, byeJaws, orders, directions
and powers shall fonhwith apply to such Local
Plarming Area without further publication.
(5) When Locat PlanningAreas are amalgamated or sub-
divided, or such sub- divided area are included ir
othrr Local Planning Areas, the State Covemment /
State Urban and Country Planning Board shall, after
consulting, the Local Planning Autho ties, ftame a
scheme determining what portion of the balance of
the fund of the I-ocal Plaming Authority shall vest
Local Planning
Areas & Local
Planning
Authoriry
8. (l)
(2)
)2
in the Planning Authority or Authorities concemed
and in what manner the properties and liabilities of
the Local P lanning Authoriry or Authorities shalI be
apportioned amongst them and on the scheme
being notified the fund, property and liabilities shall
vest and be apponioned accordingly.
The State Govemment/ State U6an and Country
Planning Board may, by notification withdraw from
the operation ofthis Act, the whole or a part of any
Local Planning Area declared there under.
When a notification is issued under this section in
respect ofany Local Planning Area :
Power to
withdraw Local
Planning area
from operation
ofthis Act :
Local Plarmiag I
Authoriry.
(i) ThisAct and all notifications, rules, regulations,
orders, directions and powers issued, made or
conferred under this Act, shall aease to apply
to the said area :
(ii) The State Govemment shall, after consulting
the Board and Local Planning Authority or
Authoriri€s concerned, frame a scheme
determining what portion ofthe balance ofthe
fund ofthe Local P lanning Authority shall vest
in the State Government, and the Local
Authority orAuthorities concemed and in what
manner the properties and liabilities ofthe Local
Planning Authorities shall be apportioned
between the Stat€ Govemment, and the Local
Autho ty or Authorities and on the scheme
being notihed the fund, property and liabilities
ofthe Local Planning Authority shall v€st and
be apportioned accordingly.
(1) As soon as may be, after declaration of a Local
Planning Area, the State Government in
consultation with the Board, shall by notification
in the Ofhcial Gazette constitute for the purposes
ofthe performance ofthe fi.mctions assigned to it,
an Authority to be called the Local Planning
Authority ofthat area, havingjurisdiction over that
area having adequate representatives &om Local
Bodies.
23
(2) Every Local Plarning Authority shall be body
corporate by the name aforesaid having
perpetual succession and a common seal with
there to acqu e, hold and dispose ofproperty
both moveable and irnmovable and to confact
and shall by the said name sue and be sued.
(3) The State Governrnent, may by notification in
the Official Gazette constitute the Local
Plannirg Authority with Chairman, Vice-
Chairman and Members as deemed fit tom time
to time under this section.
(4) The Assistant Town Planaer, Town Planning
shall be the Member Secretary to the Local
Planning Authority till a Towr Planner is
appointed and posted to discharge the duties
and responsibilities of the Member Secretary
of a Local Planning Authority. The Town
Planning/ Assistant Towrt Plarner appointed
under this Act shall possess such educational
qualifications from any rDstrtution as
recognized by the Institute of Town Planner,
India.
(5) The Local Ptanning Authority may, ifneed be
felt, constitute a Sub-Divisional Planning
Authority , with prior approval of the State
Urban and Country Planning Board to
discharge the power and functions of Local
Planning Authority in the Sub-Divisional
level, subject to following conditions-
(i) The Local Planning Authority corcemed
may, ifit thinks fit, ovemrle the decisions
ofSub. Divisional Ptanning Au&ority and
exercise its power and functions to
discharge the duties assigned to it under
this Act.
(ii) The Local Planning Authority may, if it is
of the opinion that the continued
existence of Sub-Divisional Planning
Authority is not necessary, may
recommend dissolution of the Sub-
Divisional Ptanning Authority to the State
Termof office 10.
and conditions
of service of the
members of
Local Ptanning
Authority.
Functions and ll
powers of the
Local Plaming
Authority.
Meeting of
I-ocal
Planning
Authorities
21
Urban and Country Planning Board. The
State Urban and Country Planning Board
shall dissolve such Sub-Divis ional
Planning Authority.
(6) The Chairman Ar'ice Chairman and members of
Sub-Divisional Plaming Authority shall be
entitled to receive such allowances as may be
fl\ed by the State Government.
(7) All other rules which is applicable to the Local
Planning Authority shall also be applicable to
the Sub-DivisionaI Plandng Authoriry
The term of office and conditions of service of the
Chairman and Members of the Local Planning
Authorities shall be such as will be prescribed and they
shall be entitled to receive such allowances as may be
fixed by the State Government as deemed necessary
from time to time.
Subject to the provisions ofthis Act, the rules framed
there under and any directions which the State
Coverrunent/ State Urban and Country Plaruring Board
may give, the functions of every Local Planning
Authority shall be, and it shall have power to prepare-
(a) a existing Land UseMap-
(b) a interim Development Plan-
(c) a comprehensive Development Plan-
(d) to prescribe uses of land within ils area and for
these purposes it may carry out or cause to be
ca[ied out surveys of its plandng area and to
prepare report or reports of such surveys; and to
perform any other function which is supplemental,
incidental orconsequential to any ofthe functions
aforesaid or which may by prescribed.
(l) Each Local Ptanning Authority shall meet oncein
every 3 (Three) months or quarterly in a year, at
such times and places and shall, subject to the
provisions of sub-sections (2) and (3), observe
such procedure in regard to the transaction of
business at its meetings as may be prescribed by
regulations.
t2
(2)
(3)
(4)
13. (l)
(2)
25
The Chairman or in his absence. the Vice-Chairman
ifany or in the absence ofthe Chairman and of the
Vice-Chairman, any member chosen by the
members from amongst themselves, shall preside
at a meeting ofthe Local Plaruring Authoriry
All questions at a meeting of the Local Planning
Authority shall be decided by a majority of the
votes of the members present and voting, and in
the case of an equality of votes, the person
presidhg shall have a second or castirg vote.
Minutes shall be kept ofthe names ofthe members
present and ofthe proceedings at each meeting in
a book to be kept for this purpose, which shall be
signed at the next ensuing meeting by the person
presiding at such meeting, and shall be open to
inspection, by any member during office hours.
The State Urban and Country Planning Board and
Local Planning Authority may associate with itself
in such manner and for such and for purposes as
may be prescribed by rules any person/officers from
!'arious Dspartrnents ofthe State Govemment, whose
assistance or advice it may desire in performing any
is functions under this Act . In the event of non-
availability of requisite experts/professionals &om
the various Government Departments, the .State
Urban and Country Planning Board and Local
Plaruing Authority may hire Professionals/Firms/
experts in tle Field from outside for specific purpose
or outsource as deemed necessary from nme o time
with such remuneration and allowances as mav be
fixed by the Board.
Any person associated with it by the Local Plarufng
Authority under sub-section - (l) for any purpose
shall have a right to take part in the discussions of
the Local Planaing Authority relevaDt to that
pupose but shall not have a right to vote at a meeting
and shall not be a member for any other purpose.
Temporary
association of
persons with
State Urban
and Country
Planning Board
the Local and
Planning
Authority for
particular
purposes.
Staffofthe
Local Planning
Authority.
Preparation of
present Land
use map and
register.
Notice of the
preparation of
the map and
register
(3)
14. (l)
(2)
26
The Officers as mentioned in the sub-section (l),
on requisition oftheir sen ices by the State Urban
and Country Planning Board and Local Planning
Authority, shall oomply forthwith such requisition
orders without fail.
Subject to prior approval of the State Urban and
Country Planning Board and such control and
restdctions as may be prescribed by rules, any Local
Plarming Authority may appoint such number of
officers and employees or may engage State
Govemment Officials/O ffrcers as may be necessary
for the efficient performance of its functions and
may determine their designations and grades/
salaries, allowances and honorarium etc.
The Officers and employees ofthe Local Plannirg
Authority shall be entitled to receive such salaries
and allowances and honorarium to the State
Government Officials/Ofiicers if engaged pardy as
maybe lxed by the Local Planning Authority and
shall be govemed by such terms and conditions
of service as may be determined by rules and
regulations made in this behalf.
CHAPTER-IV
Presenl Land Use Map
15. As soon as may be, after its constitution every Local
Plarning Authority/Sub-Divisional Planaing Authority
shall. not later tha[ six months after its coostitution or
within such time as the State Govemment/State Urban
and Country Planning Board may, from time to time
extend, prepare a Present Land Use Map (hereinafter
calledthe Map) and a Land Use Register in the form to
be prescribed indicating the present usc of every piece
ofland in the Local PlanningArea.
16. (1) After the preparation of the map, the Local
Planning Authority shall publish a public notice
ofthe preparation ofthe Map and the Register
and of the place or places where copies of the
same may be inspected inviting objections in
writing from any person with respect to the
Map and Register within l5 days of the
publication of such notice.
(2)
(3)
(4)
(5)
17. (r)
2',7
Provided that. il a Map or a Regist€r or
both ofthe area is prepared by the Government
before the application of this Act to that area,
the map or the Register already prepared shall
be deemed to be a Map and a Register under
section 15 subject to such reviews as deemed
necessary for the properplaming and regulation
ofurban and rural areas.
After the expirl. of the period mentioned in sub-
section (1), the Town Planner/Assistant Town
Planner orany other Officer engaged by the Local
Planning Authority for the purpose shall, after
allowing a reasonable opporhrnity ofbeing heard
to all tle persom who have filed the objections
make a report to Local Planning Authority.
The Local Planning Authority shall consider such
report as mentioned at sub-section (2) and may
make such modifications in the Map or Register or
both as it considers proper and adopt the Map
and the Register by a resolution.
As soon as may be, after the adoption of the Map
and the Register, the Local Planning Authority
shall publish a public notice of the adoption of
the map and the Register and the place or places
where the copies of the same may be inspected
and shall submit copies of the map aud the
Register to the State Urban and Country Planning
Board.
A copy of such public notice shall also be
published in the Offrcial Gazette. Thepublication
of the copy of the public notice in conclusive
evidence that the N,lap and Register has been
duly prepared and adopted.
Where by vifue of the foregoing provisions of
this chaptei a Map and a Register is to be
prepared, then-
(a) rfwidrin the period prescribed or within such
period rvhich the State Gor.ernment/ State
Urban and Countiy Planuing Board has
extended, no map or Register has been
prepared, OR
The power of
the stat€
government/
State Urban and
Country
Plarming Board
in case of
default of the
Local Planning
Authority to
prepare the map
and register.
hterim
Development
Plan.
18. (1)
2lt
(b) if at any time the state Govemment/ State
Urban and Country Planning Board is satisfied
that the Local Planning Authority is not taking
steps necessary to prepare such a Map ard a
register within that period, the State
Government/ State Urban and Country
Plaming Board may direct the Director of
Towa Planning/ ChiefTown Plarmel to prepare
the Map and the Register by itself or by
engaging Professionals/ Experts in the field
by hiring their services as per existing rules.
(2) After preparation ofthe Map and the R€gister, fie
Director ofTown Planaing/ ChiefTown Plarmer of
Towl Plaruring shall submit the same to the State
Urban and Country Planning Board, and the State
Uftan and Country Plaruring Board shall follow the
procedure and exercise the powers of the Local
Planning Authority under section I 6.
(3) Any expenses incurred under this section in
connection with the making of the Map and the
Register with respect to the area ofa Local Planning
Authoity shall be paid by the Local Planning
Authority from their own fund/resources or
allocated earmarked fund for the purpose by the
State Government.
CII,APTR-V
Development Plans
As soon as may be, after the declaration ofa Local
Planaing Area, the Local Planning Authority shall,
not later than one. year after such declaration or
within such time as the State Govemmen, State
Urban and Country Planning Board may, tom time
to time extend. prepare, after consultation with the
Local Authorities concemed, if any and submit to
the State Urban and Country Planning Board and
the State Government/ State Urban and Country
Planning Board, a plan (hereinafter called the
"Interim Development Plan") for the planning area
or any of its parts and such other area or area
contiguous or adjacent to the plaming area as the
State Governmentl State Urban and Country
Plaming Board may direct to be included in the
Interim Development Plan.
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(2) The Interim Developm€nt Plan shall-
(a) indicate broadly the marner in which the Local
Planning Authority proposes that land in such
area should be used.
(b) allocate areas or zones of land for use-
(D forresidential,commercial, industrialand
agricultural purposes;
(ii) for public and semi-public open spaces,
parks and play grounds ;
(iii) for such other purposes as the Local
Planning Authority may think fit ;
(c) indicate, define and provide-
(i) for existing and proposed national
highways, anerial roads, ring roads, and
major streets i
(ii) the existing and proposed other lines of
communication. including railways,
airports, canals ;
(d) include regulations (hereinafter called zoning
regulations) to regulate within each zone the
location, height, number ofstory and size of
buildings and other struchues, the size of
yards, courts and other open spaces, ald the
use ofbuildings, structures, and land.
(3) The Interim Development Plan may indicate, define
and provide for-
(i) the existing and proposed public and semi-
public buildings; and
(ii) all or any ofthe purposes and matters as may
be indicated, dehned and provided for in the
comprehensive development plao under
sectiotr 19.
19. (l) As soon as maybe, after the declaration ofa Local
Planning Area, the Local PlandngAuthority shall,
but not later than 3 years after such declaration or
within sucb time as the State Golemment/ State
Urban and Country Planning Board may, from time
Comprehensive
Development
Plan.
l0
to time, extend, prepare after consultation with the
Local Authorities concemed, and submit to the
state Government /State Urban and Country
Planning Board a plan (hereinafter called
"Comprehensive Development P1an") for the
planning area or any of its parts and such other
area or areas contiguous oradjacent to the planning
area as the State Government/ State Urban and
Country Planning Board may direct to be included
in the Comprehensive Development Plan.
(2) The Comprehensive Development Plan shall-
(a) indicate, dehne and provide for all the matters
that have to be or may be indicated, dehned
and provided for in the lnterim Development
Plan with such modifications as the plarning
authority deems fit ;
(b) indicate. define and provide for-
(D areas resirve for agriculture, public and
semi- public open spaces. parks
playgrounds, gardens and other re-
creational uses, green belts and natural
reserves ;
(ii) comprehensive land allocation ofareas
or zones for residential, commercial,
industrial, agricultural, artd other
purposes ;
(iii) complete road and street pattern and
traffic circulation pattem for present and
future requirements ;
(iv) major road and street improvements ;
(v) area reserved for public buildings and
instrlutrons and [or new civic
devclopment;
{vi) arcas for funue development expansion.
and areas lor new howing :
(r,ii) amenities, scrvices and utilities ;
(viii) all such matters as may be prescribed by
the rules or may be directed by the State
GoverDment' State Urban and Country
Planning Board to be indicated, defined,
and provided for ;
31
(c) lnclude zoning regulations to regulate within
each zone, the location, height, number of
storey and size of buildings and other
structures, the size of yards, courts and other
open spaces and the use of buildings,
structures and land ;
(d) Indicate th€ stages by which the plan is
proposed to be carried out.
(3) The Comprehensive Development Plan may-
(a) indicate. define and provide for-
(t) all such matters as the Local Planning
Authonty may consider expedient to be
indicated, defined and provided for in
the development plan I
(iD detailed development ofspecific areas
for housing, shopping centers, lndustrial
area and cultural institutions.
(iii) contol ofarchitectural features, elevation
and &ontage ofbuildings and structures
(b) designate, as land subject to acquisition for
any public purpose, and in particular, but
without prejudice to the generality of this
provision for the purpose of-
(i) the Union of India, the State, Local
Authorities or any other Authority
established by law and public utility
concerns;
(ii) dealing satisfactorily with the area ofbad
layout or obsolete development and
slum areas and provision for relocation
ofpopulation;
(iii) the provision ofopen spaces, parks and
playgrounds ;
(iv) securing the use ofthe land in the nranner
specified in the development r, .r.
(v) any ofthe marters as are rc', r(u . . ,.
sub-section (2);
Development 20
Planprepared
prior to the
application of
this Act to be
deemed
Development
Plan under this
Act.
Power ofstate
governmenV
State Urbar
and Country
Planning Board
in case of
default ofLocal
Planning
Authority to
prepare
Development
Plan.
32
(4) Subject to the provisions of the rules made under
this Act for regulatiflg the form and contents of
the Comprehensive Development Plan, any such
plan shall include such maps and such
descriptive matters as may be necessary to
explain and illustrate the proposals in the
development plan.
Ifthe Government has prepared a Development Plan
for the plannhg area before the application ofthis Act
to that area, the development plan already prepared
may be deemed to be a development plan under section
l8 or section 19 ofthis Act subject to reviews as deemed
n€cessary for the proper planaing and regulations of
the Local Planning Areas by the Local Planning
Authority.
21. (l) Where, by virhre of the foregoing provisions of
this Act, a development plan is to be prepared-
(a) Ifwithin the period prescribed or within such
period which the State Government / State
Urban and Country Planning Board has
extended, no development plan has been
prepared. oR,
(b) if at any time the state Government/ State
Urtran and Country Plarming Board is satished
that the Local Planning Authority is not taking
steps necessary to prepare such a
dev€lopment plan within that period, the State
Government/ State Urban and Country
Planning Board may direct the Director of
Town Planning/ ChiefTown Planner, ofTown
Planning, to prepare the developmentplan by
itself or by hiring Professionals/Experts/
Consultants in the field as per rules.
(2) After prcparation ofthe dwelopment plarl tre Director
of Town Planning/ Chief fbwn Planner of Town
Planning shalt submit the dwelopment plau to the
State Govemment/ Stat€ Urban and Counfy Planning
Board and the State GovemmsoV State Urban and
Country Pla.ning Board shall follow the procedure
and exercise the powers of the Local Planning
Authority under secti ons-22,23 ,24 and25 .
(3) Any expenses incurred under this section in
connection with the preparation of the
Development Plan for the Planning area ofLocal
Planning Authority, shall be paid by the Local
Planning Authoriry from their own fund, resources
available to Local Planning Authodty.
CIIAPTER-VI
Procedure lor Approval and Preparation of Develop-
ment Plan.
22. (t) As soon as may be, after the Development Plan
has been submitted to the State Govemmeny State
Urban and Country Planning Board, but not later
than the tirrle prescribed by the rules, the State
Government/ State Urban and Country Planning
Board may direct the concern Local Planning
Authority to make such modifications in the
development plan as the State Goverunent/ State
Urban and Country Planning Board thinks fit and
thereupon the Local Planning Authority shall make
these mbdifications.
Consent of the
State Govem-
menV State
Urban and
Country
Plaruring Board
to the publica-
tion ofnotice of
preparation of
Development
Plan
(2)
23. (l)
The State Govemment/ State Urban ard Country
Plarning Board shall, after the modifications, ifany,
have been made, give its consent to the publica-
tion ofa public notice under section 23 (l), ofthe
preparation ofthe Development Plan to the Con-
cem Local Planaing Authority.
As soon as may be, after the Local Planning
Authority had received the consent of the State
GovernmenV State Urban and Country Planning
Board to the publicatio[ ofthe notice undersection
22 (2), the Local Planning Authority shall publish
the public notice ir the Official Gazette and in a
local newspaper, of the preparation of the
Development Plan and the place or places where
copies of the same may be inspectcd. irrviting
objections in writing from any person ... .1' '-',rec:
to the Development PIan within such p.ricias may
be specified in the notice:
Public notice of
the preparation
of the Devel-
opmentPlan.
Approval by
the State
Govemment/
State Urban
and Country
Planning
Board.
3.1
Provided that such period shall not be less
than 2 months from the date the notice is pub-
lished in the Official Cazene
(2) After the expiry ofthe period mentioned in sub-
section (1), the Local Planning Authority shall
appoint a Committee consistrng ofthe ofiicers from
District Administration, Department of Urban
Development and Town Planning and not less than
two ofits other memlrcIs, to consider the objections
filed under sub-section 23 (1) and report on them
within such time as the Local Planning Authority
may hx in this behalf.
(3) The Committee so appointed shall have powe. to
co-opt any other person. such co-option being
subject to the provision ofsection-13.
(4) Such Committee shall allow a reasonable
opportunity of being heard, to any person,
including representatives of Government
Departments or Local Authorities, who has frled
aay objection, and u'ho has made a request for
being so heard.
(5) As soon as may be, after the receipt of the Report
from the Comminee, but not later than th€ time
prescribed by the rules, the Local Planning
Authority shall consider the report of the
Committee and may make such amendments in the
I)evelopment Plan as it considers proper, ald shall
submit the Der.elopment Plan with or without
modifications together with the report of the
Committee to the State Urban and Cou[try
Planning Board.
24. As soon as may be, after the submission ofthe Devel-
opment Plan, but not later than the time prescribed by
the rules, the State Goverrunent/ State Urban and Coun-
try Planaing Board, may either approve the Develop-
ment Plan or may approve it, with such modifications,
as it may consider necessary or may return the Devel-
opment Plan to the concem Local PlallIliIlg Authority
to modify the plan or prepare a fresh plan in accor-
dance with such directions as the State Govemment/
State Urban and Country Planaing Board may issue in
this behalf.
35
25. ( 1) Immcdiately aftcr the Development Plan has been
approved by the State Govemmen, State Urban
and Country Plandng Board, the Local Planning
Autholity shall publish a public notice in the
Offlcial Gazette and in a local newspaper, of the
approval ofthe development plan for inspection.
(2) From the date ofpublication ofthe aforesaid notice
in the Oflicial Gazette the DevelopmentPlan shall
come into operation.
(3) After the coming into operation of the
Comprehensive Development Plan, the Interim
Development Plan shall stand modified or altered
to the extent the proposal in the Comprehensive
Development Plan are at variance wifi t}te lnterim
Development Plan.
26. At any time after the date on which the Development
Plan for an area comes into operation, and at least once
in every 10 years after that date, the Local Planning
Authority shall, after carrying out such fresh surveys
as may bc considered necessary or directed by the State
Govemment/ State Urban and Country Planning Board
prepare after consultation with the Local Authorities
concemed, ifany, and submit to the State Government/
State Urban and Country Planning Board, a
Development Plan for any alteration or additions
considered necessary by the Local Planning Authority
to lhe Development Plan in operation.
Theprovisions ofSection-23.24 and 25 with such
modifications as may be necessary shall apply to such
a Development Plan.
27. lf the State Govemment/ State Urban and Country
Planning Board is satisfied that a grave emergencyexists
which necessitates the suspension ofany Development
Plan or part of any Development Plan, it may, by a
notification in the Official Gazette, suspend any
Development Plan or any pan ofit.
Conrng inlo
operation ofthe
Development
Plan.
Amendment of
Development
Plans.
Suspension of
Plan in emer-
gency by State
Govemment,
State Urban
and Country
Planning
Board.
Use and 28
Development
ofland to be in
conformity with
Development
Plan.
Prohibition of
Development
without
payment of
Development
charges and
without
permission.
29
36
CIIAPTER.\'U
Control of Development and Use of Land
After the coming into operation of any Development
Plan in any area: no pe6on shall use or permit to be
used any land or carry out any development in that
area otherwise than in conformity with such Develop-
ment Plan.
Provided that the Local Planning Authority, may
allow the continuance, for a period not exceeding l0
years, of the use, upon such terms and conditions as
rnay be prescribed by the rcgulations made in this behall
ofany land for the purpose and to the extend, for and
to which it is being used on the date on which such
Development Plan came into operation.
(l) After the application ofthis Act to any area and
subject to the provisions relating to the
development charge and other provisions of this
Act, no development, institution or change ofuse,
of any land shall be undertaken or carried out in
that area-
(a) without obtaining a certificate from the Local
Planning Authority certifying that the
development charge as leviable under this Act has
been paid or that no such development charge is
leviable; and
(b) without obtaining the permission in writing as
provided for hereinaft er:
Provided that no such permission shall be
necessary-
(i) for carrying out such works for the
maintenance, improvement or other alteration
ofanybuilding, which affect only the interior
ofthe building or which do not materially affect
the extemal appearance ofthe building.
(ii) for the carry,rng out by the Central or tle State
Govemment orany I-ocalAufiority of any wor*s
required for the maintenance or implovement of
a highway, road or public sfeet, b€ing works
carried out on land within the boundaries ofsuch
highway, road or public street;
37
(iii) for the carrying out by Cental or the State
Govemment or any Local Authority of any
works for the purpose ofinspection. repairing
or renewing any drains. sewers. marns. pipes.
cables or other apparatus including the
breaking/ open ofany steet or other land for
that purpose;
(iv) for the excavations (including wells) made in
the ordinary coune ofagriculnual opentions
(v) for the construction of un-metalled road
intended to give access to land solely for
agricultural purposes ;
(vi) for normal use of land which has been used '
temporarily for other purposes ;
(vii) in case ofland, normally used for one purpose
and occasionally used for any other purpose
or for the use of land for that other pur!,ose
on occasions ;
(viii) for use, for any purpose incidental to the use
ofa building for human habitation, or any other
building or land attached to such building.
(2) Any person or body (excluding a department of
Central or State Govemment or Local Authority)
intending to carry out any development on any
land shall make an application in writing to the Local
Ptanning Authority for permission in such forms
and containing such particulars aod accompanied
by such documents and plans as may be prescribed
by the rules or regulations-
Provided that in the case ofa Departnent of
Central or State Government or Local Authority
(where the Local Authority is not also the Plaming
Authority) intending to carry out any development
on any land, the concemed departrnent or authority,
as the case may be, shall notifu in writing to the
Local Plaruring Authority of its intention to do so,
giving full particulars thereofand accompanied by
such documents and plans as may be prescribed
by State Governrn€nt/ State Urban and Country
33
Planning Board. At least, one month prior to the
undertaking of such development where a Local
Planning Authoriry has raised any objection in
respect ofthe con[ormrry of*re preparation. or to
any ofthebuilding bye-laws in force at the time, or
due to any other material consideration, under sub-
section (4), the Department orthe authority, as the
case may be, shall-
(i) either make necessary modifications itr the
proposals for developme

Excerpt shown. Open the full act in Lexace.

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