LexThe Assam Town and Country Planning Act, 1959
Assam · state statute
Open in Lexace · Ask the AI about this acti ' The 13th February 1960 No.LJL .33/57/42.—The following Act of the Assam Legislative Assembly w hich received the assent of the President is hereby published for general information. (Received the assent o f the President on the 6th February 1960) 2 ASSAM A C T I I O F 1960 THE ASSAM TOWN AND COUNTRY PLANNINt ACT, 1959 (As passed by the Assembly) [Published in the Assam Gazette, dated the Jyth February I960: CONTENTS P ream ble CHAPTER I P relim inai y Section 1 Short title, extent and commencement. Section 2 Definitions. Section Section Section Section Section Section Section Section Section Section Section Section CHAP I ER 1 1 Constitution o f the A dvisory Council 3 Constitution of the Town and Country Planning A d : Council. 4 Resignation of non-olficial members. 5 Term of office. 6 Commencement of the term of ffice of non-o members. ‘ I 7 Removal of non-official members. 8 Filling of casual vacancies. | CHAPTER III M aster Plan 9 Preparation of Master Plan. 10 Publication of the Master Plan. 11 Contents of Master Plan and Zoning Regulations. 12 Constitution of the Authority for implcmentatioi the Plan. 13 Restrictions of use of land and buildings thereon publication. 4 14 Power of the Slate Government to the Regulation. modify the plan 3 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 Section 33 Section 34 Section 35 Section 36 CHAPTER IV Development Scheme Preparation of the Development Scheme. Publication of the Development Scheme. Implementation of the Development Scheme. Scope of the Development Scheme. Amendments and alterations of the Development Scheme. Power to revoke the Development Scheme. Powers of the Authority to impose restrictions. CHAPTER V Streets and Land Subdivisions Width of public streets. Power to prescribe street line. Setting back buildings to the prescribed street line. Acquisition of land within the line of street. Acquisition of the remaining part of building and land after their portions within a prescribed line of the street are acquired. Subdivision of private land. Plans accompanying notice. Sanction with or without modification or refusal. Layout not according to plan. Penalty for violation. CHAPTER VI Acquisition o f land Power of State Government to acquire land. Proceeding for acquisition of land. Disposing of land. Provision of private negotiation before compulsory acquisition. r 7 Payment to owner by adjustment. 4 CHAPTER VII Compensation and betterment Setfon 37 Section 38 Right to compensation. No right to compensation. f l Section 39 Power of Government to exclude compensation certain cases. . H Section 40 Right of owner to require Authority to acquire purchase land. Section 41 Levy of betterment fee. ■ Section 42 Appeal. ■ Section Sec tion Section Section Section Section Section Section Section 43 44 45 46 47 48 49 50 51 Section Section Section jcction 52 53 54 55 CHAPTER VIII Appeals and the Appellate Authority Appointment of Appellate Authority. Duties of the Appellate Authority. Procedure of working of the Appellate Authority. Right to appear by recognised agent. Protection of action taken under this Act. CHAPTER IX Finance Development Fund Powers to borrow Grants, advances and loans. CHAPTER X Legal Proceedings a ■ Penalty for breach of . .the provisions of the M a s tfl Plan cr Scheme!’ - > S 3 Power to execute on failure to comply w itl notice. Right of occupier to execute works in default of o w n t Procedure upon opposition to execution by occupier, Recovery of cost of work by the occupier, ■ft. Section 56 Section 57 Section 58 Section 59 Section Section Section Section Section Section C O 61 62 63 64 65 Section 66 Section 67 Section 68 Section 69 Section 70 Section 71 Section 72 Section 73 Section 74 Penalty for obstructing contractor or removing marks. Officers under the act to be public servants. Authority for prosecution. Power of Authority to institute proceedings, etc., a rd to take legal advice. Bar to suits and prosecutions in certain cases. Punishment for malicious abuse of powers. Registration of documents, plans or maps in connection with scheme. Orders under the Act not to be questioned in court. Effect of orders inconsistent with other enactments. CHAPTER X I M iscellaneous P rovision s Service of notice. Method of giving public notice. Formal defects in assessments and demands. Power and duties of police in respect of offerees assistance to Authorities. Decision of disputes between Authorities. Powers to enter into land for inspection, etc. Mode of proof of records of the Authority. Power of Authority to make agreements. Powers of the State Government to make rules. Power of the Authority to make bye-laws. any and ? * J .1 6 THE ASSAM TOWN AND COUNTRY PLANNING ACT, 1959 An Act to provide fo r the development o f the towns and country sides o f the S ta te o f Assam. P ream b le.-- Whereas it is expedient to provide for the development of the towns and the country sides of the State of Assam on sound planning principles with the object of securing proper sanitary conditions, to consetve and promote the public health, safety and general welfare of the people living therein ; It is hereby enacted in the Tenth Year of the Republic of India as follows: — CHAPTER I P relim inary 1. Short title, extent and com m en cem en t.— (1) This Act may be called the Assam Town and Country Planning Act, 1959. (2) It shall extend to tire whole of Assam excluding the Autonomous Districts; Provided that if any District Council desires that all or any of the provisions of this Act should apply to the Autonomous District concerned, a notification may be issued to that effect and this Act shall then extend to that Autonomous District subject to such exceptions or modifications as may be specified in the notification. 2. D efinitions.— In this Act, unless there is anything repugnant in the subject or context (lj “Authority” shali mean the Local or Regional Authority appointed by the State Government lor the purpose of administering the Act. Unless other wise appointed by the Slate Government, the Authority in the case of Municipal Areas .shall be taken to mean the Municipal Board for the area constituted under the Assam Municipal Act, 1956 fAssam Act XV of 1957/ (2) “Advisory Council” means the Town and Country Planning Advisory Council constituted under Section 3 of this Act. (3) “Betterment Fee” means the fee prescribed in respect of an increase in the value of land resulting from the execution of a Development Scheme. (4) “ Building” means any construction for whatsoever purpose and of whatsoever materials constructed and every part thereof, whether used as human habitation or not and includes plinth walls, chimney, drainage works, fixed platforms, verandah, balcony, cornice or projection, or part of a build ing on anything affixed thereto or any walls, earth bank, fence or other construction enclosing or delimiting or intended to enclose or delimit any land or space. 1 (5) “Building Industrial” means a building, which is wholly or predo minantly used as a warehouse, factory, distillery, iron foundry and all other buildings put to or be put to any use permitted in the zone by an authorised scheme applicable thereto. (6) “Director” means Director of Town and Country Planning or any other officer appointed by the State Government. (7) “Development” means the carrying out of building, engineering, mining or other operations in, on, or over the land, or malting of any material change in the use of any buildings or of land : Provided that the following operations or uses of land shall not be deemed for the purposes of this Act to mean development of the land, that is to say,— (a) the carrying out of works lor the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the use and the external appearance of the building ; (b) the carrying out by a local authority of any works required for the maintenance or improvement of road, being works carried out on land within the boundaries of the road ; (c) the carrying out by any local authority any works for the purposes of inspecting, repairing or renewing any Sewers, main pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose ; (d) the use of any building or other land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such. (8) “ Factory” means a place to which the provisions of the Indian Factories Act of 1934 or any amendment thereof shall apply. (9) “ Industrial Concern” means a commercial body, e. g., a factory, workshop and a mill, or any concern of similar nature where materials are manufactured, repaired, altered or processed. (10) “ Master Plan” means a plan as defined under section 9 and shall comprise of items (a) to («) of section 11. (11) “ Occupier” includes any person paying or liable to pay the rent or any portion of the rent of the land or building in respect of which the work is due or compensation or premium on account of the occupation of such land and building and also a rent free tenant. (12) “ Open space” means any land whether enclosed or not, on which not more than one twentieth part is covered with buildings and whole of the remainder has been laid out as a public garden or used for purposes of recreation or lies waste and unoccupied. (13) “ Prescribed” means prescribed by rules made under this Act. (14) “ Reconstituted plot” means a plot which is ir.yany way altered by the making ol a Development Scheme. • A .& 8 (15) “ Road” means and includes any highway, street, lane, pathway, alley, passageway, carriage way, footway, square, bridge whether private or public, whether thoroughfare or not, whether existing or proposed in any scheme and includes all bunds, channels, ditches, drains, culverts, side walks and traffic islands. (16) ‘ Scheme” means a development scheme and includes a plan or plans together with the descriptive matter if any relating to such a scheme. CHAPTER II Constitution o f the A dvisory C ouncil 3. C onstitution o f the Tow n and C ountry Planning Advisory C ouncil.— (1) The State Government may constitute, by a notification in the official Gazette, the Council consisting of the following members to advise the Government on matters referred to i t :— (z) Minister-in-charge of Town and Country Planning Director of the Town and Planning Department Secretary, Town and Country Planning Department Chief Engineer, Public Works Department (R. and B.) or his nominee ... Member. Chief Engineer, Public Works Department (Flood Control) or his nominee... Public Health Engineer or his nominee Secretary, Local Self-Government or his nominee............. Secretary, Finance Department or his nominee Secretary, Revenue Department or his nominee (x) Six other non-official members half of whom shall be elected by the Assembly and the rest shall be nominated by the State Govern ment. (izi) (fo) (w) (cii) (mi} (?x) Chairman. Country Secretary. Member. Member. Member. Member. Member. Member. Member. (xz) Such number of representatives of Local Authorities falling within the area as may be covered by the Master Plan not exceeding two as may be co-opted by the Council by notification, published in the official Gazette. (2) Five of the members attending any meeting of the Council shall form the quorum for the purpose of transacting the business of that meeting of the Council, (3) All members of the Council including the co-opted members shall have one vote each and the Chairman shall have a casting vote in case of equality.:6'f division, in addition to his own vote 9 (4) Nothing done by the Council in its meeting shall be held to be invalid because of any vacancy in the seats of the nominated or elected members or the absence of any of the members for any reason whatsoever, i (5) The Chairin su shall preside over the meetings of the Advisory Council and in his absence the members present shall elect one among themselves to be the president for that particular meeting. E j 4. R esignation o f ion-official m em b ers.— Any non-official member j7 may at any time resign his office, provided that bis resignation shall iff- not take effect until accepted by the State Government. gff . .I 5, T erm o f office.— The term of office of any non-official member ffff shall ordinarily be three years: spy Provided that in case of the members representing the Legislature or Local Authorities, their terms of office Shall terminate as soon as they cease to be members of such Legislature or Local Authority as the case may be. I I 6. C om m encem ent o f the term o f _ J |m em bers.— (1) The term of office of non-official mence on such date as may be notified in this £ Government. (2). A person ceasing to be member by reason office o f non-official members shall com- behalf by the State ■.... _ . f term of office as of the expiry of his described in section 5, shall be eligible for re- t.nomination or re-election. Ig ; . 7. R em oval o f non-official m em b ers. —The State Government may remove from the Council any member who : — . '■ ■ ■ f (a) refuses to act, or becomes incapable of acting or absents himself from three consecutive meetings of the Council and is unable to explain such absence to the satisfaction of the Council , or ■ ( b ) has so flagrantly abused in any manner his position as a member of the Council as to render his continuance detrimental to the public interest : Provided that when the State Government proposes to take action under foregoing provisions of this section, an opportunity of explanation shallSB ~ ~. - .. . . - .Jg ;be given to the member concerned and when such action is taken, the reasons thereof shall be placed or recorded. 8' fillin g o f casual vacan cies.— (1) When the place of a member nominated by the State Government becomes vacant by his resignation, ftmoval or death, the State Government shall appoint a person to fill the vacancy. (2) When the place of a member elected or co-opted becomes vacant, lie shall be elected or co opted by the Legislature or the Council as the case may be. it; (3) The term of office of a member nominated or elected or co- opted, as the case may be, under sub-sections (1) and (2) sh M l be the remainder of the term of office of the member in whose place he\has been dominated or elected or co-opted. 10 » CHAPTER III M aster Plan 9. P reparation o f M aster P lan.— A Master Plan hereinafter referred to as “Plan” in this Act for the development of any area within th e State which the State Government may consider necessary, shall b e drawn up by the Director in consultation with the local authority/authorities concerned and submitted to the ’State Government for examination a n d approval. 10. Publication o f the M aster Plan.— (I) On receiving th e Plan and the Regulation from the Director, the State Government shall have them, as soon as may be, published in the offic'al Gazette, in s o m e local newspaper and in the locality in the manner prescribed and deeraeittp be required for wide and sufficient publicity in the lot ality inviting p u b lic . opinion and objection, if any, to be submitted within a period not m ore than two months. t • ' « » , • ■ \ * (2) ;After considering all objections, suggestions and representations that- may have been received, rind after getting the advice of the Council, th e State Government shall have the plan finally prepared by the Director. 11. Contents o f M aster Plan and Zoning Regulations.— The: Master Plan to be prepared as defined under Section 9, may include:— > (a) A general land-use plan for residential, commercial, industrial,: recreational and public and scmi-public purposes ; ( Z > ) Zoning plan ; (c) Transp- rtation plan including roads, railways, canals, etc. ; (d) Public utilities plan ; («) A report gi ing relevant data and information in respect of the.' proposals in the Plan and any other things which the S tate Government'may deem necessary. 12. C onstitution o f the Authority for Im plem entation of the P lan.— After the adoption of the Plan and the Regulations, they shall b e sent for implementation to the Authority as may be declared or constitut ed by the State Government in this behalf. 13. R estrictions o f use o f land and buildings thereon after publication.— (1) The Plan as adopted by the State Government ; shall be published as prescribed in Section 10, and after such publication no person shall use any land, sub-divide any land or set up any new structure on any land covered by the Plan or change the existing structure of any building or use of any building or land within the area except with the permission of the Authority on a written application submitted for that purpose. (2) 4ach such application shall be accompanied by a plan drawn to seal?, showing the actual dimension of the parcel of the land and the 11 I, building to be built upon it, the s'te and the position of the building to I" b e erected and incase of alteration in the use or structure of the building S' o r land, the nature and extent of such alteration. g (3) The Authority may also call for such other information as it may * deem necessary to examine the application. (4) The Authority shall not refuse the permission except on the ground r of contravention of proposals contained in the Plan or the Regulations I; and unless the permission has been refused within a period of one month t from the receipt of the application or such other information as may be | called for by the Authority under sub-section (3), it shall be presumed that Ifethe permission has been given. 14. Pow er o f the State G overnm ent to m odify the Plan and W the Regulation.— The State G overnment may review the Plan and | m ay modify the Plan and the Regulations, from time to time, F-in such manner and in such procedure as followed for the preparation ryand approval of the original plan and the Regulati. ns. CHAPTER IV D evelopm ent Scheme 15. Preparation o f the D evelopm ent Schem e.— (1) After the Recommencement of this Act, the State Government after consultation with r th e Authority, if any, may by notification in the Official Gazette declare |*< any area to be a scheme area for the purposes of this Act. g (2) After the Master Plan has been approved by the State EjGovernment the Authority shall define the area which it considers Kfnecessary for development. The Director shall prepare a scheme I?'and submit it to the State Government with all information necessary for M y. consideration and approval of the scheme. | (3) While preparing the scheme the Director shall issue a notice jt inviting the names of all the claimants of any interest on any land or I building within the area under the scheme to be submitted within a period J n o t more than one month and submit the same to the Authority V . along with the scheme and therepoit. (4) Save as provided in this Act, the Authority shall not undertake Wior carry out any development of land in any area which is not a scheme j urea. fe (5) After the commencement of this Act, no development of land shall E -b e undertaken or carried out in the scheme area by any person or body I o f persons except in the manner prescribed under section 13 of this Act. K 16. Publication o f the D evelopm ent Schem e. -(1) The Authority I sh all have the scheme and the report and the names of all the Itjdaimants published in the manner prescribed in sub-section (1) of section 10 i an d have a copy of them served on all persons who preferred claims under I sub-section (3) of section 15, inviting objections to be filed within a period .1 not more than two months. fc‘ (2) After the period for submitting opinion and objection of the < public or of any interested persons has expired, the Authority- shall 12 examine the scheme in the light of such opinion and objection giving j sufficient opportunity for hearing to all such interested persons who have’ J filed objections and demanded hearing in the manner prescribed and shall ' approve or refuse to approve or approve with such modifications, as it m ay ■ deem necessary, for the implementation of the scheme and for imposing I for that purpose reasonable restrictions in the use of land and buildings I within the area. (3J After the Authority has adopted the scheme, it shall be forwarded to 4 the State Government for sanction and shall come into force as soon as th e * sanction has been accorded by the State Government after taking into-1 account the financial implications of the scheme. 17. Im p le m e n ta tio n o f th e D ev elo p m en t S ch em e.— (1) The schem e ’ shall come into force from the date as may be fixed by the Government in | sanctioning the scheme and shall be implemented by such authority as m ay ; he authorised by the State Government in that behalf. (2) No person shall within the area for which the Government has® sanctioned a Development Scheme, erect or proceed with any building or | work or remove hr alter or make additions or make any substantial repair to a building or a part of it, a compound wall or any drainage work or \ remove any earth or change the use of any land or building except on permission of the authority on application submitted for the purpose. Unless ? the permission has been refused within one month from the date of receipt i of the application it shall be presumed that the permission has been given. 18. S cop e o f th e D ev elo p m en t S ch em e.— (I) A scheme may be made in accoi dance with the provisions of the Act in respect of any J land which is: — . (a) in the course of development, (b) likely to be used for building purposes, or (cj already built upon. Explanation:— The expression “ Land likely to be used for building purposes” shall include any land likely to be used as, or for the purpose of providing or recreational grounds, . any work upon or under the nature of a building open spaces, roads, streets, parks, pleasure parking spaces, or for the purpose of executing the land incidental to a scheme, work or not. whether in for any of the followingprovisions(2X Such scheme may make matters : ■ — («) the laying out or re-laying out of land, either vacant or already built upon ; (A ) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land ; G lay out of new streets or roads, construction, diversion, exten- /sion, alteration, improvement and stopping up of streets, roads ’ and communications ; 13 .'J) the construction, alteration and removal of buildings, bridges and other structures ; (e) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all kinds ; ( f ) .drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal; (^) lighting ; (/;) water supply ; (t) the preservation of objects of historical importance or natural beauty and of buildings actually used for religious purpose ; (?) the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the number, height and character of buildings allowed in specified areas, the purposes to which buildings or specified areas may or may not be appropriate, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs ; (A ) the suspension, so far as may be necessary for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend ; (/) such other matter not inconsistent with the objects of this Act. (3) The draft scheme shall contain the following particulars :— («) the area, ownership and tenure of each original p lo t; (7 ? ) the land allotted or reserved under clause (e) of sub-sec tion (2) of section 18 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such cases ; (c) the extent to which it is proposed to alter the boundaries of original plots ; (d) an estimate of the net cost of the scheme ; (e) a full description of all details of the scheme under such clause of sub-section (2) of section 18, as may be applicable ; ( / ) the laying out or re-laying out of land either vacant or already built upon ; > 14 (g) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land ; and (A ) any other prescribed particulars. (4) In the scheme the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building pur poses and where the plot is already built upon, to ensure that the building, as far as possible, complies with the provisions of the scheme as regards open spaces. (5) In order to render original plots more suitable for building purposes the scheme may contain proposals:— (a) to form a reconstituted plot by the alteration of the boundaries of an original plot ; (A ) to provide with the consent of the owners that two or more original plots each of which is held in one ownership in severality or in joint ownership, shall hereafter, with or without alteration of boundaries be held in ownership in common as a reconstituted plot. (6) The scheme shall include all such provisions as the Authority may think necessary for carrying out the objects of the Act including the following matters:— (a} the lay irtg out or re-laying out of land, either vacant or already built upon ; (*) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land ; (c) lay out of new streets or roads, construction, diversion, extension , alteration, improvement and stopping up of streets, roads and communications ; (d) the construction, alteration and removal of buildings, bridges and other structures ; (e) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all other kinds ; ( f ) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal ; (g) lighting ; (A ) water supply ; (i) the preservation of objects of historical importance or natural beauty and of buildings actually used for religious purposes. 19. A m endm ents and alterations o f the D evelopm ent Schem e.— ri) If after the final scheme has come into force, the Authority considers that the scheme is defective on account of an error or irregularity or for any other reason, it shall refer to the State Government to modify or v/ithdraw the scheme and to publish the modified or withdrawn scheme in the manner prescribed in sub-section (1) of Section 10. (2) The Smodification of the scheme shall state every amendment proposed to ke made in the scheme and if any such amendment relates to 15 g matter specified in any or all of the clauses (a) to (/) of sub-section (2) of Section 18, the modification shall also contain such other particulars as c may be found necessary by the Authority. (3) The variation shall be open to inspection by the public at the j office of the Local Body or Bodies as prescribed, covering the area during office hours. i (4) Within one month of the date of publication of the modifica- g 'tion, any person affected thereby may communicate in writing his objection < to the Authority I (5) After receiving the objection under sub-section (4) above, the Autho rity may, after making such enquiry as it may think fit, approve the pro- g posed modification with or without any further modification thereof. K i (6) Such modification shall take effect as if it were incorporated in the scheme from the date of its modification. (7) The Authority shall thereafter submit the modified scheme to fe the State Government for sanction. The modified scheme shall K be published after sanction as prescribed in subjection (1) of Section 10. 20. Pow er to revoke the D evelopm ent Sch erne.— (1) Notwith- | standing anything contained in section 19, a scheme may at any time be g modified or revoked by a subsequent scheme made, published and sanc- b honed in accordance with this Act. (2) The State Government, at its own initiative or on the application g of the Authority may at any time, by a notification in the official Gazette | revoke a scheme, if it is satisfied that under the special circumstances I of the case the scheme shall be so revoked; Provided that where revocation or modification is ordered by Govern ment after people have partially or wholly implemented a scheme, s compensation should be paid for the necessary alterations in the manner fe prescribed. E ' 21. Pow er o f th e A uthority to im p ose restrictio n s.— For the < purpose of the Master Plan, the Land-use and Zoning Regulation and tie I Scheme, the Authority may impose reasonable restrictions on the | use of the land and building including the regulating of the open spaces i to be maintained around the building or buildings, the peicentage of the $ plot area to be covered by building or buildings, the number of building or i buildings on each plot, height and character of building or buildings allowed f;.. in specified areas, the purpose fot which building or buildings of the specified areas may or may not be used, the subdivision of plots, parking i space and loading and unloading space for any building and the sizes of projections and such other matters not inconsistent with the objects of this I ' Act. CHAPTER V Streets and Land Subdivisions 22. W idth o f public streets.— (1) The authority shall, from time to time, with the sanction of the State Government specify the minimum width for different classes of public, streets according to the nature of the traffic likely to be carried there, the localities in which they are situated, the heights up to which buildings abutting thereon may b i erected and other similar considerations. $ ■ 16 (2) I he width of a new public street shall not be less than tl prescribed in sub section (1) or that shown on the Master Plan for i class to which it belongs in areas for which a Master Plan has been prep cd. 23. P o w er to p r e sc r ib e S treet lin e s.— The Authority may presen, a line on one or both sides of any public street, provided a public notice! the proposal has been issued by the Authority in the prescribed manner. N l person shall construct or reconstruct any portion of any building on la n i within the prescribed new street line. 24. S ettin g back b u ild in g s to th e p rescrib ed str e e t lin e — ( 1 If any building or any part of a building abutting on a public .streets within such line of the street, the Authority may require such building t be set back to the prescribed line, whenever it is proposed— (a) to re-build such building or to take down such building, (b) to remove, reconstruct or make any addition to or struct!^ alteration in any portion of such building which is within the regular linef the street. (2) When any building or any part thereof within the prescribed 1 1 1 of the street falls down or is burnt down or is taken down, und the provisions of this Act or otherwise, the Authority may at once ta possession of the portion of land within the prescribed line o f t street previously occupied by the said building and if necessary, cle the same. (T) Land acquired under the foregoing sub-sections shall, henceforwa be deemed to be a part of the public street. 25. A cq u isitio n o f la n d w ith in th e lin e o f street.— If ar private land whethes open or enclosed, lies within the prescribed line of public street and is not occupied by a building, or if a platform, veranda! steps, compound wall, hedge, or fence or odrer structure, is within the line, such street the Authority may, after giving the owner of the land or buildii a notice of the intention to do so, take possession of the said land with its 0 closing wall, hedge or fence, if any, or of the said platform, verandah, stej or such other structure as aforesaid or of the portion of the said platform, verandah, steps or other such structure as aforesaid which is within t] prescribed line of the street. 26. A cq u isitio n o f th e r em a in in g p art o f b u ild in g after th e ir p o r tio n s w ith in a p rescrib ed lin e o f the a cq u ired .— ~ public street and if the Authority is satisfied that the land remaining aftff the exclusion of the portion within the said line will not be suitable or fit f^ construction of independent building, the Authority shall acquire th i remaining portion of the land if so desired by the owner. and lant , street aw -If a building or land is partly within the prescribed line oL$ 27. S u b d iv isio n o f p riv a te la n d . — (1) Every person who intendi to sub-divide any plot of land within the Master Plan Area shall give notic in writing toQhe Authority of his said intention and such notice snail accompanied by the plans and statements in triplicate. 17 (2) All plans for subdivision of land shall be in accordance with the lards prescribed by the State Government. B E 28. Plans accom panying notice.— A layout plan drawn to a ble scale and containing the following informations shall accompany the :e given under section 27 :— n j th.! (a) The location of the land, (& ) The boundaries of the proposed land shown on the map, and sufficient description to define the same, (c) Name and address of the owner of the land, (d) Location, name and present widths of the adjacent roads and lanes, (e) The major physical characteristics of the land proposed to be sub-divided, including topography, the approximate location and width of any water course and location of any areas sub ject to innundation or flood, The complete layout of the proposed sub-division showing the location and widths of all the proposed streets, dimensions and uses of all the plots, « (g) The locations of all drains, sewers and other utilities, (A ) Building lines permissible, 7- (i) Scale and north line, (j) Key plan. .29. Sanction w ith or w ithout m odification or refu sal.— (1) ! Authority may cither grant or refuse the approval to the plans or may irove them with such modifications as it may deem fit and thereupon all communicate its decision to the person giving the notice within three dnths from the date of the notice. , (2)'No person shall be allowed to construct a building on any plot of .d, the sub-division of which has not been previously approved by the .thority. fig; « -3 0 . Layout not according to plan.— Should the Authority Ermine at any stage that the layout or the . construction is not. proceeding . j > according to the sanctioned plan or is in violation of any provisions o f Act, it shall serve a notice on the applicant requiring him to stay ft® execution until correction has been effected in accordance with the a p p ro plan. 31. Penalty for violation.— The Authority will have p o w e i impose fine not exceeding Rs.250 on any person, firm or corporal who violates, disobeys, refuses to comply with, or who resists the enforcen of any of the provisions of this Act. Continuation of the violation sh all < stitute a separate offence for which a fine of Rs.50 per day may be in a p t for the days after the first conviction. An appeal shall lie to the A p p el Authority constituted under this Act. CHAPTER VI Acqwisit ion o f La mi 32. Power o f State Government to acquire land.— W here the representation of the Authority it appears to the State G overn# that in order to enable it to execute the scheme it is nece«sary t land within, adjoining or surrounded by any such area should acquired, the State Government may in consultation with the C o ll: acquire the land by publishing in the Official Gazette a notice to the e f that the State Government has decided to acquire the land in pursuant! this section, 33. Proceeding for acquisition o f lan d .—(T The provisions: the Land Acquisition Act, K94 (Genual Act No.I of 1894) shall be applies for acquisition of land u nder this Act and the compensation shall be c c puled under the provisions of the same Act. (2) In computing compensation for land acquired, the value w ill b e market value as prevailed on the 1st of January, 1957. (3) The owner of the lands will al-o be enti led io the reasonable c of development, if any, made during the period, (4) Twenty-five per cent increase in value on the date of acquisitii of the land. 34. Disposing o f land.— Subject to the rules made under this A and with the previous sanctioi 8 cf the State G ovem rent, the Authority n retain, lease, exchange © r otherwise, transfer any land acquired by it u rn this A ct: Provided that in case of lease or transfer the owner will get first p ric ty, if due to acquisition he becomes landless. 35. Provision o f private .«egotia«ion before cesnpulM acquisition*— (1) The Authorhy may, in the first instance, make reasppal efforts to purchase any land by private negotiation. (2) In case of failure to purchase the land by rivate negotiati within a specified time, the said land shall be compulscrily acquired. 13) Nothing in this section shall, however, debar the State G overnnM or. a local authority fe m compulsorily acquiring any land without, pc £ 36, Paym ent to owner by adjustm ent,™ All payments due to be fade to any person by the Authority, under this Act, shall so far as possible, e mad?1 by an adjustment in respect of the plot concerned or of any other lo t in which he has an interest and failing such adjustment shall be paid in S ih or in such other way as may be agreed upon by the parties. CHAPTER VII C om pensation and betterm ent £<37. R ight to com pensation.—Any person whose property is ftiOusly affected in value by the making ol a scheme shall, if he lakes a claim for the purpose within a period of three months after W date of publication of a notification sanctioning the scheme under A c tio n 16, be entitled to obtain compensation in respect thereof from the authority. 38. No right to com pensation .—A person shall not be entitled to Sain compensation under the foregoing section on account of any building tected on or contract made or other thing done with respect to any land ffliin the area included in a scheme after the date of the notification of the them e under section IS: Provided that this provision shall not apply to any building erected, fitract made or other thing done in accordance with the permission Ibted unde, sections 13 and 1 < of this Act. |g3v Pow er o f Governm ent to exclude com pensation in certain Jies.—(1) No compensation shall be payable in respect of any property (S irh may be injur ously affected by putting into operation of any provision f. the scheme which :— (a ) prescribes the space about buildings : or K (i) limits the number of buildings; or (c) regulates the size, height, design or external appearance of buildings ; or f e W prohibits or restricts building operations permanently or temporarily on the ground that erection of buildings thereon will be likely to be injurious to the health of the occupants or the neighbours or likely to cause excessive expenditure of public money in making provision for roads, sewers, water supply or other public services ; or Sh (« ) prohibits or restricts the use of land or a building for a purpose which may invoh e danger or injuty to public hygiene or the health of the occupants or the :r neighbours or for a purpose which is against the public policy or public morals ; or fife(f ) in the interests of safety, regulates the height and position of pro posed walls, and building fences or hedges near the corners or bends of roads : or 20 (g) in the case of the erection of any building intended to be used for purposes of business or industry, requires the provision of parking the vehicles. (2) No compensation shall be payable for refusal of permission to make any alteration in any building which is not in conformity with the use speci fied in the Plan or in the scheme. 40. R ight o f ow ner to require Authority to acquire or purchase la n d .—(1) The owner of any land which is to be acquired for purposes of a scheme may, at any time, after the sanction of the scheme by the Govern- m tnt, by a written notice to the Authority in the prescribed manner, call upon it to acquire or purchase the land in so far as the land is to be acquired by the State Government or the Authority. (2) If within six months of the service of the notice under sub section (1) the land is not purchased or acquisition proceedings are not started, the scheme, in so far as that land is concerned, shall be deemed to have been withdrawn and all notices and orders in that connection shall lapse. 41. Levy o f betterm ent fee.— (1) Every property which has increas ed in value due to its inclusion within an area under a plan or a scheme or due to the execution of such schemes shall be charged with a betterment fee; Provided that no such fee shall be levied on such public land or build ing as are used for - charitable, religious and educational purposes or for places of non-professional entertainment and recreation. (2) The betterment fee shall be an amount equal to twenty per cent in case of residential holdings so long the original owners use for their resi- dances and equal to fifty per cent in case of non-residential areas and will be realised in five equal instalments. Explanation.—The increase in value for the purpose of this Section shall be the increase in the market prices in between the date on which a notifi cation under sub-section (1) of Section 15 has been issued and the date on which the exeettion of the scheme has been substantially completed. 42. A ppeal. —(1) Any person aggrieved by the decision of the Authority with respect to matters of compensation and betterment fee, may appeal to the Appellate Authority within thirty days of the award. (2) If the owner of any property objects to the amount of betterment fee determined by the Authority on any ground he shall also state the amount which, he contends would be correct and may within thirty days of the date on which the determination of his objection or appeal becomes final by written notice, require the authority to acquire the property togethet with any building or other works that may exist thereon. (3) /T h e authority shall thereupon acquiie the property. 21 CHAPTER VITI A ppeals and the Appellate Authority 43. A ppointm ent o f Appellate Authority.— (1) Save as otherwise provided, the State Government shall appoint an Appellate Authority to hear all appeals arising out of the provisions of this Act. The decision of Appellate Authority shall be final. (2) The person or persons appointed by the State Government as Ap pellate Authority shall have the qualification of a District Judge. The appointment shall be on such terms and conditions as the State Government may decide. 44. D uties o f the Appellate Authority.— (1) The duties and powers of the Appellate Authority shall be as follows:— (a) to hear and decide appeals against the orders of the Authority. (/< ) to decide and hear appeals in respect of such other matters and exercise such other powers as may be entrusted to and conferred upon it by the State Government in accordance with the provi sions of this Act. (2) All appeals to the Appellate Authority shall be filed within a month from the date of the order appealed against. The time required for taking out copies of the order shall be excluded. The Appellate Authority may, however, in its discretion condone such delay in filing appeal for sufficient reasons. 45. Procedure o f w orking o f the Appellate Authority.— (1) The Appellate Authority shall conduct its proceedings in the prescribed manner after giving the opposite party or any one interested in the order appealed against an opportunity of being heard,
Excerpt shown. Open the full act in Lexace.