The JAMMU AND KASHMIR STATE TOWN PLANNING ACT, 1963

[STATE] TOWN PLANNING
ACT, 1963
(Act No. XX of 1963)
312 [STA TE] TOWN PLANNING ACT,  1963
[STA TE] TOWN PLANNING ACT,  1963 313
THE JAMMU AND KASHMIR STATE TOWN PLANNING
ACT,  1963
(Act No. XX of  1963)
CONTENTS
SECTION.
CHAPTER  I
1. Short title, extent and com-mencement.
2. Definitions.
CHAPTER  II
3. Matters that may be dealt within a scheme.
4. Reconstituted plots.
CHAPTER  III
5. Power of Government to require the Board to make scheme.
6. Contents of draft scheme.
7. Procedure to be followed in the preparation and approval of scheme.
8. Sanctioning of  scheme by the Government.
9. Variation or revocation of scheme.
10. Permission to be taken for construction,  etc.  after publication of notification.
11. Powers of entry.
CHAPTER  IV
12. Penalties.
13. Order of demolition of building.
14. Power to stop building operations.
15. Offences by companies.
CHAPTER  V
16. Power of Government to levy betterment charge.
314 [STA TE] TOWN PLANNING ACT,  1963
SECTION.
17. Assessment of betterment charge.
18. Settlement of  betterment charge by arbitrators.
19. Payment of betterment charge.
20. Service of notices, etc.
21. Public notice how to be  made known.
22. Notices, etc. to fix  reasonable time.
23. Sanction of prosecution.
24. Protection of action taken in good faith.
25. Power to delegate.
CHAPTER  VI
26. Modification of Land Acquisi-tion Act.
27. Notification under section 5 to have effect as declaration under sections 11
and 19 of  the Land Acquisition Act.
28. Sections 26, 27 and 28 of the Land Acquisition Act superseded.
29. Power of Government to make rules.
30. Repeal and saving.
–––––––
[STA TE] TOWN PLANNING ACT,  1963 315
THE JAMMU AND KASHMIR STATE TOWN
PLANNING ACT, 1963
(Act No. XX of  1963)
[Received the assent of the Sadar-i-Riyasat on 30th March, 1963  and
published in Government Gazette dated 30th March, 1963.]
An Act to provide for the development of the *State according to plan
and for matters ancillary thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Fourteenth
Year of the Republic of India as follows :––
CHAPTER I
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir State Town Planning Act, 1963.
(2) It shall extend to the 1[whole of the Union territory of Jammu and
Kashmir].
2(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions.–– In this Act, unless the context otherwise requires,—
(a) ‘‘Board’’  means the Development Board consisting of one or more
persons or officers as the Government may appoint for the purposes
of this Act in respect of any area ;
(b) ‘‘Minister’’ means the Minister-in-charge, Roads and Buildings
Departments or any other Minister notified by the Government for
purposes of this Act ;
(c) ‘‘owner’’ includes the person for the time being receiving or entitled
to receive, whether on his own account or as agent, trustee, guardian
manager or receiver for another person, or for any religious or
charitable purpose, the rents or profits of the property in connection
with which the word is used ;
* Now Union territory of Jammu and Kashmir.
1. Substituted for “whole State” by S.O. 1229(E) dated 31.03.2020.
2. Enforced w.e.f. 27th July, 1963 by S.R.O. 323 dated 27th July, 1963.
316 [STA TE] TOWN PLANNING ACT,  1963
(d) ‘‘plan’’ means a map or a drawing illustrating a scheme and the
boundaries of an area to which such a scheme is meant to apply ;
(e) ‘‘plot’’ means a continuous portion of land held in one ownership
other than land used, allotted or reserved for any public or municipal
purposes ;
(f) ‘‘prescribed’’ means prescribed by rules made under this Act ;
(g) ‘‘prescribed authority’’ means an officer appointed by the Government
as such for purposes of this Act ;
(h) ‘‘reconstituted plot’’ means a plot which is in any way altered by
the making of a town planning scheme otherwise than by the
severance of land used, allotted or reserved for any public or
municipal purposes ;
(i) ‘‘scheme’’  means a town planning scheme and includes a plan and
its appendices relating to a town planning scheme ;
(j) ‘‘to erect’’ in relation to any building includes––
(i) any material alteration or enlargement of any building ;
(ii) the conversion by structural alteration into a place for human
habitation of any building not originally constructed for human
habitation ;
(iii) the conversion into more than one place for human habitation
of a building originally constructed as one such place ;
(iv) the conversion of two or more places of human habitation into
a greater number of such places ;
(v) such alterations of a building as affect an alteration of its
drainage or sanitary arrangements, or materially affect its
security ;
(vi) the addition of any rooms, buildings, houses or other structures
to any building ; and
(vii) the construction in a wall adjoining any street or land not
belonging to the owner of the wall, of a door opening on to
[STA TE] TOWN PLANNING ACT,  1963 317
such street or land ;
(k) ‘‘town planning’’ includes town improvement.
CHAPTER II
3. Matters that may be dealt with in a scheme.–– A scheme may provide
for all or any of the following matters :—
(a) the laying out or relaying out of land, as either vacant or already
built upon, as building sites or for any of the purposes mentioned
in this section ;
(b) the construction, diversion, extension, alteration, improvement or
closure of streets, roads and communications ;
(c) the construction, alteration, removal or demolition of  buildings,
bridges and other structures ;
(d) the acquisition by purchase, exchange or otherwise of any land or
other immovable property within the area included in the scheme
whether required immediately or not ;
(e) the redistribution of boundaries and the reconstitution of plots
belonging to owners of property comprised in the scheme ;
(f) the disposal by sale, exchange, lease or otherwise of land acquired
or owned by the Government or any other authority ;
(g) transport facilities ;
(h) water supply ;
(i) lighting ;
(j) drainage inclusive of sewage and of surface drainage and sewage
disposal ;
(k) the allotment or reservation of land for streets, roads, squares,
houses, buildings for religious and charitable purposes, open spaces,
gardens, recreation grounds, schools, markets, shops, factories,
hospitals, dispensaries, Government and Municipal buildings,
afforestation and public purposes of all kinds ;
318 [STA TE] TOWN PLANNING ACT,  1963
(l) construction of houses ;
(m) the preservation of objects and buildings of archaeological or historic
interest or of natural beauty or actually used for religious purposes
or regarded by the public with special religious veneration ;
(n) the imposition of conditions and restrictions in regard to the character,
number, architectural features and height of constructions to be
allowed in specified areas, and the purposes to which buildings or
specified areas may or may not be appropriated, and the provision
and maintenance of sufficient open space about buildings ;
(o) the suspension, restriction or modification so far as may be necessary
for the carrying out of the scheme, of any provision in 1[the Jammu
and Kashmir Municipal Act, 2000] or of any other law for the time
being in force or any rule or bye-law made under either of the
aforesaid Acts and in force in the area included in the scheme ;
(p) the advance to the owners of land or buildings, comprised within
the scheme, upon such terms and conditions as may be provided by
the scheme, of the whole or part of the amount required for the
erection of buildings or for the carrying out of the works, alterations
or improvements in accordance with the scheme ;
(q) such other matters not inconsistent with the objects of this Act as
may be prescribed :
Provided that every scheme shall contain adequate provision for a plot
for the purposes of building a residential house for a person who is displaced
from his dwelling house by the execution of any scheme sanctioned under this
Act.
4. Reconstituted plots. ––(1) The size and shape of every reconstituted
plot shall be so determined as to render it, so far as may be, suitable for building
purposes.
(2) 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 ;
1. Substituted for “the Jammu and Kashmir Municipal Act, Svt. 2008 or the Jammu and Kashmir
Town Area Act, Svt. 2011” by S.O. 1229(E) dated 31.03.2020.
[STA TE] TOWN PLANNING ACT,  1963 319
(b) to provide, with the consent of the owners, that two or more original
plots, each of which is held in ownership in severalty or in joint
ownership, shall thereafter, with or without alteration of boundaries,
be held in ownership, in common as reconstituted plot ;
(c) to allot a plot to any owner dispossessed of land in furtherance of
the scheme ; and
(d) to transfer the ownership of a plot from one person to another.
CHAPTER III
5. Power of Government to require the Board to make scheme.–– The
Government may, in respect of any area after such inquiry as it may deem
necessary, by notification in 1[Official Gazette], require the Board, before a
fixed date, to prepare and submit as hereinafter provided for its sanction a draft
scheme with respect to any area in regard to which a town planning scheme
may be made.
6. Contents of draft scheme. ––(1) Every draft scheme shall contain the
following particulars––
(a) a plan showing the lines of existing and proposed streets together
with their existing and proposed section or profiles ;
(b) the ownership of all lands and buildings in the area to which the
scheme relates ;
(c) a description of details of the scheme under such  clauses of section
3 as may be applicable ;
(d) an estimate of the net cost of the scheme ;
(e) any other particulars or plans that may be prescribed or specially
required by the Government.
(2) Every draft scheme which includes a housing scheme shall also contain
the following particulars––
(i) the approximate number and nature of the houses to be provided ;
1. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
320 [STA TE] TOWN PLANNING ACT,  1963
(ii) the approximate quantity of land to be acquired and the localities
in which land is acquired ;
(iii) the average number of houses per acre ;
(iv) width of the proposed roads ;
(v) area under spaces for public purposes including recreations ; and
(vi) any other matter incidental to the housing scheme.
7. Procedure to be followed in the preparation and approval of
scheme. ––(1) Before preparing any scheme finally and submitting it to the
Government for approval, the Board shall prepare a plan in draft and publish
it by making a copy thereof available for inspection and publishing a notice
in such form and manner as may be prescribed by rules made in this behalf
inviting objections and suggestions from any person with respect to the draft
plan before such date as may be specified in the notice.
(2) The Board shall also give reasonable opportunity to every local
authority within whose local limits any land touched by the plan is situated,
to make any representation with respect to the plan.
(3) After considering all objections, suggestions and representations that
may have been received by the Board, the Board shall finally prepare the scheme
and submit it to the Government for its approval.
(4) Subject to the foregoing provisions of this section, the Government
may direct the Board to furnish such information as the Government may require
for the purpose of approving any scheme submitted to it under this section.
8. Sanctioning of scheme by Government. ––(1) The Government may,
after considering the objections and suggestions, if any, and making such inquiry
as it thinks fit, sanction the scheme with or without modifications, or may refuse
to sanction the scheme or return the scheme to the Board for consideration.
(2) The sanction of the Government to a scheme under sub-section (1)
shall be published by notification in 1[Official Gazette] and such notification
shall state at what place and time the scheme will be open to inspection of
the public.
1. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
[STA TE] TOWN PLANNING ACT,  1963 321
1. Substituted by Act No. XXI of 1978,  s.3.
2.  Substituted by Act No. XVI of 1975,  s.3
(3) A notification under sub-section (2) shall be conclusive evidence that
the scheme has been duly made and sanctioned. The scheme shall have effect
from the date of publication of such notification, and the execution of the
scheme shall be commenced forthwith :
Provided that, where the scheme so provides, the execution of the scheme
or any part thereof may be deferred until such time as may be fixed by the
Government.
9. Variation or revocation of scheme.–– A scheme sanctioned under
section 8 may at any time be varied or revoked by the Government by a
subsequent or by a supplementary scheme published and sanctioned in accordance
with this Act.
10. Permission to be taken for construction, etc. after publication of
1[notification].–– After the publication of a notification under section 5, no
person shall erect or proceed with any building or work on, or enter into or
carry out a contract in respect of, land within the area so notified or included
in any scheme, unless he has applied for and obtained permission 2[from the
Minister or any officer or authority empowered by the Minister in this behalf]
for so doing, notwithstanding any decree, order, judgement or any other law
for the time being in force or any permission given under any law for the
erection of any building or any matter relating to the said land.
11. Power of entry.–– The Board may authorise any person to enter into
or upon any land or building with or without assistants or workmen for the
purpose of––
Survey or taking levels of such land or building ;
(a) making any inquiry, inspection, measurement ; or
(b) examining works under construction and ascertaining the course of
sewers and drains ;
(c) digging or boring into the sub-soil ;
(d) setting out boundaries and intended lines of work ;
(e) making such levels, boundaries and lines by placing marks and
cutting trenches ;
322 [STA TE] TOWN PLANNING ACT,  1963
1. Substituted by Act No. XXI of 1978, s. 3.
(f) ascertaining whether any land is being or has been developed in
contravention of the scheme or without the permission referred to
in section 10 or in contravention of any condition subject to which
such permission has been granted ; or
(g) doing any other thing necessary for the efficient administration of
this Act :
Provided that—
(i) no such entry shall be made except between the hours of sunrise
and sunset and without giving reasonable notice to the occupier, or
if there be no occupier, to the owner of the land or building ;
(ii) sufficient opportunity shall, in every instance, be given to enable
women, if any, to withdraw  from such land or building ;
(iii) due regard shall always be had, so far as may be compatible with
the exigencies of the purpose for which the entry is made, to the
social and religious usages of the occupants of the land or building
entered.
CHAPTER IV
12. Penalties.–– Any person who erects or proceeds with any building,
structure or work in contravention of the scheme or without the permission
referred to in section 10 shall be punishable with fine which may extend to one
thousand rupees and in the case of continuing offence with further fine which
may extend to fifty rupees for every day during which the offence continues
after conviction for the first commission of the offence.
1[13. Order of demolition of building. ––(1) Where the erection of any
building or structure has been commenced, or is being carried on, or has been
completed in contravention of the scheme or without the permission referred
to in section 10 or in contravention of any condition subject to which such
permission has been granted, the prescribed authority shall in addition to any
prosecution that may be instituted under this Act, issue a notice in writing stating
the reasons, calling upon the person to show cause within a period of––
(a) three days if the erection of any building or structure has been
commenced or is being carried on ; and
[STA TE] TOWN PLANNING ACT,  1963 323
(b) seven days if the erection of any building or structure has been
completed,
why the building should not be altered or demolished as he may deem necessary
to remove the contravention.
(2) Notwithstanding anything to the contrary contained in this Act, the
prescribed authority shall cause notice to be affixed on the outer door or some
conspicuous part of the building whereupon the notice shall be deemed to have
been duly served upon such person.
(3) If the person to whom notice has been given refuses or fails to show
cause within the period specified under sub-section (1) or if after hearing that
person and considering any evidence which he may produce in support of his
claim within that period, the prescribed authority is satisfied that the erection
of the building is in contravention of the provisions of this Act, he shall by order
direct the person to demolish, alter or pull down the building or part thereof
so far as is necessary to remove the contravention within ten days and if the
person fails to comply with the direction, the prescribed authority shall after
the expiry of the said period of ten days cause the building or part thereof to
be demolished, altered or pulled down, as the case may be, and may for that
purpose use such police force as may be necessary. The expenses of such
demolition or alteration shall be recoverable from the owner as arrears of land
revenue.
(4) Any person aggrieved by the order of the prescribed authority directing
the person to demolish, alter or pull down the building or part thereof under
sub-section (3), may prefer an appeal to the Minister or the authority appointed
by him in this behalf within ten days after the date of aforesaid order of the
prescribed authority. The memorandum of appeal need not be accompanied by
a copy of order appealed against :
Provided that the Minister or the authority appointed by him in this behalf
shall decide the appeal within ten days from the date the appeal is filed ; failing
which it shall be presumed that the appeal has been accepted :
Provided further that the Minister or the authority appointed by him in
this behalf may, either before or after the filing of the appeal, compound the
offence and accept by way of compensation such sum as he or it may deem
reasonable subject to such rules, regulations and orders as may be prescribed.
Where an offence has been compounded no further action shall be taken against
the aggrieved person in respect of the offence so compounded. The sum so
accepted shall be recoverable as arrears of land revenue.
324 [STA TE] TOWN PLANNING ACT,  1963
1. Substituted by Act No. XXI of 1978, s. 4.
(5) An appeal against the order of the prescribed authority shall not
operate as stay of proceedings under the order appealed against :
Provided that the Minister or the authority appointed by him in this behalf
may stay the enforcement of that order if he is satisfied—
(a) that substantial loss may result to the person applying for stay or
execution unless the order is made ; and
(b) that sufficient security as the Minister or the authority may determine
has been given by the applicant for due performance of the order
as may be ultimately binding upon him.
(6) The decision of the Minister or the authority on the appeal shall be
final and shall not be questioned in any court.
(7) The appellant shall have a right to appear by a counsel and the
prescribed authority may be represented by such officer or person as the
Government may appoint.]
14. Power to stop building operations. ––(1) Where the erection of any
building in any area has been commenced in contravention of the scheme or
without the permission, referred to in section 10, or in contravention of any
condition subject to which such permission has been granted, but such erection
has not been completed, the prescribed authority may, in addition to any
prosecution that may be instituted under this Act, make an order requiring the
building operations in relation to such erection to be discontinued on and from
the date of the service of the order.
(2) Where such building operations are not discontinued in pursuance of
the requisition under sub-section (1), the prescribed authority may require any
police officer to remove the person by whom the erection of the building has
been commenced and all his assistants and workmen from the place of the
building within such time as may be specified in the requisition and such police
officer shall comply with the requisition accordingly.
(3) After a requisition under sub-section (2) has been complied with, the
prescribed authority may by a written order depute a police officer or any other
officer to watch the place in order to ensure that the erection of the building
is not continued.
1[(4) Any person failing to comply with an order under sub-section (1)
shall be punishable with fine which may extend to two thousand rupees and
[STA TE] TOWN PLANNING ACT,  1963 325
when the non-compliance is a continuing one with a further fine which may
extend to one hundred rupees for every day during which the non-compliance
continues after the service of the order and such fine shall be recoverable as
arrears of land revenue.]
(5) No compensation shall be claimable by any person for any damage
which he may sustain in consequence of the discontinuance of the erection of
any building.
15. Offences by companies. ––(1) If the person committing an offence
under this Act is a company, every person, who, at the time offence was
committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly :
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act if he proves that the offence
was committed without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable
to any neglect on the part of any director, manager, secretary or other officer
of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.–– For the purposes of this section—
(a) ‘‘company’’ means a body corporate and includes a firm or other
association of individuals ; and
(b) ‘‘director’’  in relation to a firm means a partner in the firm.
CHAPTER V
16. Power of Government to levy betterment charge. ––(1) Where as a
consequence of any scheme having been executed in any area, the value of any
property in that area, in the opinion of the Government, has increased or will
increase, the Government shall be entitled to levy upon the owner of the
property or any person having an interest therein a betterment charge in respect
326 [STA TE] TOWN PLANNING ACT,  1963
of the increase in value of the property resulting from the execution of the
scheme.
(2) Such betterment charge shall be an amount equal to one-third of the
amount by which the value of the property on the completion of the execution
of the development scheme estimated as if the property were clear of buildings,
exceeds the value of the property prior to such execution estimated in like
manner.
17. Assessment of betterment charge. ––(1) When it appears to the
Government that any particular scheme is sufficiently advanced to enable the
amount of the betterment charge to be determined, the Government may, by an
order made in this behalf, declare that for the purpose of determining the
betterment charge the execution of the scheme shall be deemed to have been
completed and shall thereupon give notice in writing to the owner of the
property or any person having an interest therein that the Government propose
to assess the amount of the betterment charge in respect of the property under
section 16.
(2) The Government shall then assess the amount of the betterment charge
payable by the person concerned after giving such person an opportunity to be
heard and such person shall, within three months from the date of receipt of
the notice in writing of such assessment, inform the Government  by a declaration
in writing that he accepts the assessment or dissents from it.
(3) When the assessment proposed by the Government is accepted by the
person concerned within the period specified in sub-section (2), such assessment
shall be final.
(4) If the person concerned dissents from the assessment or fails to give
the Government the information required by sub-section (2) within the period
specified therein, the matter shall be determined by the arbitrator in the manner
provided in section 18.
18. Settlement of betterment charge by arbitrators. ––(1) For the
determination of the matter referred to in sub-section (4) of section 17, the
Government shall appoint an arbitrator who shall have knowledge of the valuation
of land.
(2) The arbitrator shall follow such procedure as may be prescribed by
rules made in this behalf.
[STA TE] TOWN PLANNING ACT,  1963 327
(3) If the arbitrator dies, resigns or is removed under sub-section (4), or
refuses, or neglects, in the opinion of the Government, to perform his duties
or becomes incapable of performing the same, then the Government shall
forthwith appoint another fit person to take the place of such arbitrator.
(4) If the Government is satisfied after such enquiry as it thinks fit—
(a) that the arbitrator has  misconducted himself, the Government may
remove him from his office ;
(b) that the award of the arbitrator has been improperly procured or that
the arbitrator has misconducted himself in connection with such
award, the Government may set aside the award.
(5) An award which has not been set aside by the Government under
clause (b) of sub-section (4) shall be final and shall not be questioned in any
Court.
(6) The provisions of the 1[Arbitration and Conciliation Act, 1996 (26
of 1996)] shall not apply to arbitration under this section.
19. Payment of betterment charge. ––(1) The betterment charge levied
under this Act shall be payable in such number or instalments and each instalment
shall be payable at such time and in such manner as may be fixed by rules made
in this behalf.
(2) Any arrear of betterment charge shall be recoverable as an arrear of
land revenue.
20. Service of notices, etc.–– All notices, orders and other documents
required by this Act or any rule made thereunder to be served upon any person
shall be served in the prescribed manner.
21. Public notice how to be made known.–– Every public notice given
under this Act shall be in writing over the signature of the prescribed officer
and shall be widely made known in the locality to be affected thereby by affixing
copies thereof in conspicuous public places within the said locality, or by
publishing the same by beat of drum or by advertisement in local newspapers
or by any two or more of these means, and by any other means that the
prescribed officer may think fit.
1. Substituted by S.O. 1229(E) dated 31.03.2020.
328 [STA TE] TOWN PLANNING ACT,  1963
22. Notices, etc. to fix reasonable time.–– Where any notice, order or
other document issued or made under this Act or any rule made thereunder
requires anything to be done for the doing of which no time is fixed in this Act
or the rule, the notice, order or other document shall specify a reasonable time
for doing the same.
23. Sanction of prosecution.–– No prosecution for any offence punishable
under this Act shall be instituted except with the  previous sanction of the
Government.
24. Protection of action taken in good faith.–– No suit, prosecution or
other legal proceeding shall lie against any person for any thing which is in
good faith done or intended to be done under this Act or any rule made
thereunder.
25. Power to delegate.–– The Government may, by notification in the
1[Official Gazette], direct that any power exercisable by it under this Act except
the power to make rules may also be exercised by such officer or local authority
as may be mentioned therein, in such cases and subject to such conditions, if
any, as may be specified therein.
CHAPTER VI
26. Modification of Land Acquisition Act.–– Immovable property required
for the purposes of a town-planning scheme shall be deemed to be land needed
for a public purpose within the meaning of the 2[the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (30 of 2013)], and may be acquired––
(a) under the said Act, or
(b) under the said Act as modified in the manner  hereinafter provided
in this Chapter.
27. Notification under section 5 to have effect as declaration under
sections 11 and 19 of Land Acquisition Act.–– In cases falling under section
26 (b) a notification under section 5 shall, notwithstanding anything contained
in the 2[the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013)], operate in respect of
any land required for the purposes of the scheme as a declaration under sections
11 and 19 of the said Act and no further declaration shall be necessary, but it
1. Substituted for “Government Gazette” by S.O. 1229(E) dated 31.03.2020.
2. Substituted ibid for “State Land Acquisition Act, Svt. 1990”.
[STA TE] TOWN PLANNING ACT,  1963 329
shall not be incumbent on the Government or officer authorised in that behalf
to take immediate steps for the acquisition of such land :
Provided that 1[if  the proceeding for acquisition of land are not commenced]
within three years from the date of notification it shall cease to have effect as
a declaration under 2[sections 11 and 19 of the the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (30 of 2013)].
28. Sections 15, 23 and 24 of Land Acquisition Act superseded. ––(1) The
provisions of 3[sections 26, 27 and 28 of the the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (30 of 2013)] shall have no application in cases falling under clause (b)
of section 26.
(2) In such cases, the Collector and the Court shall, in determining the
amount of compensation to be awarded for the land acquired take into
consideration––
(a) the market value of the land on the date of the publication of a
notification under section 5 ;
(b) the damage sustained by the person  interested by  reason of the
taking of any standing crops or trees which may be on the land at
the time of the Collector’s taking possession thereof ;
(c) the damage, if any, sustained by the person interested at the time
of the Collector’s taking possession of the land by reason of severing
such land from his other land, or by reason of the acquisition
injuriously affecting his other property, movable or immovable, in
any other manner, or his earnings :
Provided that this clause shall not apply in the case of
offensive industries, which must, under the provisions of the scheme,
be removed ;
(d) if, in consequence of the acquisition of the land, the person interested
is compelled to change his residence or place of business, the
reasonable expenses, if any, incidental to such change :
1. Substituted by Act No. XIII of 1976, s. 2.
2. Substituted by S.O. 1229(E) dated 31.03. 2020 for “sections 4 and 6 of the State Land
Acquisition Act, Svt. 1990”.
3. Substituted ibid for “sections 15, 23 and 24 of the State Land Acquisition Act, Svt. 1990”.
330 [STA TE] TOWN PLANNING ACT,  1963
Provided that this clause shall not apply in the case of
offensive industries which must, under the provisions of scheme, be
removed.
(3) But the Collector and the Court shall not, in cases falling under clause
(b) of section 26 take into consideration––
(a) the degree of urgency which has led to the acquisition or its
compulsory character ;
(b) any disinclination of the person interested to part with  the land
acquired ;
(c) any damage sustained by him, which, if caused by a private person,
would not render such person liable to a suit ;
(d) any damage which is likely to be caused to the land acquired after
the date of the publication of a notification under section 5 by or
in consequence of the use to which it will be put ;
(e) any increase to the value of the land acquired, commenced, made
or effected after the date of the publication of the notification
referred to in clause (d) unless they are covered by a permission
obtained under section 10 ;
(f) any outlay or improvements on, or disposal of, the land acquired
which, having regard to the time at which they were made and other
circumstances appear to have been commenced, made or effected
with intent to obtain increased compensation ;
(g) the special suitability of adaptability, if any, of the land for any
purpose, is one to which it could be applied only in pursuance of
statutory powers or for which there is no market apart from the
special needs of a particular purchaser or the requirements of a
Government Department or any local or public authority.
(4) In cases falling under clause (b) of section 26 if the market value of
any land or building is specially high by reason of the use thereof in a manner
which could be restrained by any Court, or is contrary to law or public policy,
or is detrimental to the health of the inmates of the building or to the public
health, the amount of the increased value due to such user shall be disregarded
in determining the amount of compensation.
[STA TE] TOWN PLANNING ACT,  1963 331
CHAPTER VII
29. Power of Government to make rules. ––(1) The Government may,
subject to previous publication, make rules consistent with this Act, either
generally or for any particular area, to carry out all the purposes of this Act.
(2)   In particular and without prejudice to the generality of the foregoing
power, the Government shall have the power to make rules in respect of the
following matter :––
(a) the manner of publication of the notifications under section 5 and
of the draft scheme under section 7,
(b) the further particulars or plans for inclusion in schemes under section
3 and section 6 ;
(c) the scale of all plans made under this Act, the particulars to be shown
in them, the manner in which such particulars shall be shown, the
colouring of such plans and all such matters ;
(d) what streets or roads and improvements thereto provided in a scheme
shall be made or carried out 1[x x x] ;
(e) the kinds of expenditure connected with town planning which shall
be met out of current revenue and those that shall be met out of loans
of other capital receipts ;
(f) the manner in which all documents and plans prepared under this
Act shall be made accessible to the public ;
(g) the procedure to be adopted for securing co-operation on the part
of  the Municipal authorities with the owners or persons interested
in property proposed to be covered in a scheme by such means as
may be expedient, the summoning and procedure of such conferences
and all such matters ;
(h) the procedure to be observed by the Board and the prescribed
authority in cases where owners commit default, or delay the carrying
out of works or improvements, for carrying out such works or
improvements and for recovering the cost from the owners liable
therefor ;
1. Omitted by Act XXI of 1978, s. 5.
332 [STA TE] TOWN PLANNING ACT,  1963
1[(hh) the manner in which offences of minor nature may be compounded
and the assessment of compensation therefor ;]
(i) the securing of reasonable speed in the preparation or adoption of
schemes by the Board and the procedure to be followed for enabling
the Government to act in the case of default of dilatoriness on the
part of the Board or the prescribed authority, in making, adopting
or executing a scheme and to recover from such Board the expenses
of such action ;
(j) the calculations, assessment and collection of the betterment
contribution ;
(k) the regulation of the procedure before the arbitrator ;
(l) the powers to be exercised by the prescribed authority with respect
of appointments 2[ x x x ] ;
(m) the constitution of general town planning fund, its administration
and the accounts to be kept therefor ;
(n) the extent to which the proceedings and acts of the Boards under
this Act shall be regulated by the provisions of any Municipal or
local laws applicable to such authorities ;
(o) inquiries and reports as to the beginning and the progress and
completion of works and other action under any scheme ;
(p) sanitary principles and building regulations to  be observed in
drawing of schemes ;
(q) the funds which shall be transferred by the Board to the prescribed
authority, the administration of such funds, the accounts to be kept
in respect thereof and their audit ;
(r) matters other than those referred to in the foregoing  clauses which
are expressly required or allowed by this Act to be prescribed ;
(s) any other matter for which the Government deem fit, rules should
be made.
1. Clause (hh) Inserted by Act XXI of 1978, s. 5.
2. Omitted ibid.
[STA TE] TOWN PLANNING ACT,  1963 333
(3) In making any rule, the Government may provide that breach thereof
shall be punishable with fine which may extend to one hundred rupees.
30. Repeal and saving. ––(1) The Jammu and Kashmir Town Planning
Act, Svt. 1997 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
(including any notification, order, scheme, permission or rule made, granted or
issued) under the said Act shall continue in force and be deemed to have been
done or taken under the provisions  of this Act, unless and until it is superseded
by anything done or any action taken under this Act.
(3) All suits, prosecutions and other proceedings instituted under the
Jammu and Kashmir Town Planning Act, Svt. 1997 shall be continued as if
instituted under this Act.
———––––

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