LexThe Telangana Urban Areas (Development) Act, 1975.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA URBAN AREAS (DEVELOPMENT) ACT, 1975.
(ACT NO. 1 OF 1975)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
URBAN DEVELOPMENT AUTHORITIES AND
THEIR OBJECTS.
3. Constitution of Urban Development Authority.
3-A. Constitution of a Special Area Development
Authority.
4. Appointment of Officers and employees.
4-A. Governments power to regulate the methods of
recruitment, conditions of service, etc., of officers
appointed under section 4.
4-B. Constitution of Common Municipal Service.
5. Objects and Powers of the Authority.
CHAPTER III.
MASTER PLAN AND ZONAL DEVELOPMENT
PLANS.
6. Civic survey of and Master plan for the
development area.
7. Zonal Development Plans.
8. Procedure to be followed in preparation and
approval of plans.
2 [Act No. 1 of 1975]
9. Submission of plans to Government for approval.
10. Date of operation of plan.
11. Certain plans already prepared and sanctioned
deemed to have been prepared and sanctioned
under this Act.
12. Modifications to plan.
CHAPTER IV.
DEVELOPMENT OF LANDS.
13. Declaration of development areas and
development of land in those and other areas.
14. Application for permission.
15. User of the land and buildings in contravention of
plans.
16. Act not to apply for certain development works.
17. Plans to stand modified in certain cases.
CHAPTER V.
ACQUISITION AND DISPOSAL OF LAND.
18. Compulsory acquisition of land.
18-A. Acquisition of land by private negotiations.
19. Disposal of land by the Authority or the local
authority concerned.
20. Government vacant land.
20-A. Sale of Government lands by public auction and
their administration.
21. Power of authority to develop land in non-
development area.
[Act No. 1 of 1975] 3
CHAPTER VI.
FINANCE, ACCOUNTS AND AUDIT.
22. Fund of the Authority.
23. Budget of the Authority.
24. Accounts and audit.
25. Annual Report.
26. Pension and Provident Funds.
CHAPTER VII.
LEVY, ASSESSMENT AND RECOVERY OF
DEVELOPMENT CHARGES.
27. Levy of the development charges.
28. Rates of Development charges.
29. Assessment and recovery of Development charges.
30. Constitution of Tribunal and officers and servants of
the tribunal.
31. Appeal and revision.
CHAPTER VIII.
RELATIONS BETWEEN THE GOVERNMENT, THE
AUTHORITY AND THE LOCAL AUTHORITIES,
ETC.
32. Power of the Authority in case of default.
33. Powers of the Authority to require local Authority to
assume responsibility for amenities in certain
cases.
34. Control by Government.
35. Returns and information.
4 [Act No. 1 of 1975]
36. Power of Government to transfer the powers of the
Councils, Panchayats, Zilla Parishads, etc., to the
Authority.
37. Replacement of members.
38. Power of Government to appoint a Special Officer.
CHAPTER IX.
ART COMMISSION.
39. Constitution of Art Commission for the State.
CHAPTER X.
Inspection and Penalties.
40. Power of entry.
41. Penalties.
42. Order of demolition of building.
43. Power to stop unauthorised development.
43-A. Power to seal unauthorised construction/
development or premises.
44. Offences by companies.
45. Fines when realised to be paid to Authority or local
authority concerned.
46. Regularisation of buildings constructed without
sanctioned plan.
46-A. Regulation and penalisation of construction of
buildings in deviation of sanctioned plan.
47. Members and Officers to be public servants.
48. Jurisdiction of courts.
49. Sanction of prosecution.
50. Magistrate’s power to impose enhanced penalties.
[Act No. 1 of 1975] 5
CHAPTER XI.
MISCELLANEOUS.
51. Service of notices, etc.
52. Public notice how to be made known.
53. Notices, etc., to fix reasonable time.
54. Authentication of orders and documents of the
Authority.
55. Protection of action taken in good faith.
56. Power to delegate.
57. Effect of other laws.
58. Power to make rules.
59. Powers to make regulations.
60. Dissolution of the Authority.
61. Repeal and Savings.
THE TELANGANA URBAN AREAS (DEVELOPMENT) ACT,
1975.1
ACT No.1 OF 1975.
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Urban Areas
(Development) Act, 1975.
(2) It extends to the whole of the state of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires-
(a) ‗amenity‘ includes road, water supply, street ,
lighting, drainage, sewerage, public works, tourists spots,
open spaces, parks and play fields, and such other
convenience as the Government may, by notificat ion,
specify to be an amenity for the purposes of this Act;
3[(b) ‗Authority‘ means an Urban Development
Authority constituted under sub -section (1) of section 3 or a
Special Area Development Authority constituted under sub -
1. The Andhra Pradesh Urban Areas (Development) Act, 1975 received
the assent of the President on the 20 th January, 1975. The said Act in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification
issued in G.O.Ms.No.1 48, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
2. Substituted by G.O.Ms.No.148, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
3. Substituted by Act No.9 of 2001.
Short title, extent
and
commencement.
Definitions.
2 [Act No. 1 of 1975]
section (1) of section 3 -A for a development area under this
Act;]
(c) ‗building‘ includes,-
(i) a house, out -house, stable, latrine, godown, shed,
hut, wall (other than a boundary wall) and any other
structure whether of masonry, bricks, mud, wood, metal or
any other material whatsoever;
(ii) a structure on wheels or simply resting on the
ground without foundations;
(iii) a ship, vessel, boat, tent, van and any other
structure used for human habitation or used for keeping or
storing any article or goods; and
(iv) the g arden, grounds, carriages and stables, if
any, appurtenant to any building;
(d) ‗building operations‘ include re-building operations,
structural alterations of, or addition s to buildings and other
operations normally undertaken in connection with the
construction of buildings;
(e) ‗development‘ with its grammatical variations
means the carrying out of all or any of the works
contemplated in a master plan or zonal development plan
referred to in this Act, and the carrying out of building,
engineering, mining or other operations in, on, over or
under land, or the making of any material change in any
building or land and includes re-development:
Provided that for the purposes of this Act, the following
operations or uses of land shall not be deeme d to involve
development of the land, that is to say-
[Act No.1 of 1975] 3
(i) the carrying out of any temporary works for the
maintenance, improvement or other alternation of any
building, being works which do not materially affect the
external appearance of the building;
(ii) the carrying out by a local authority of any
temporary works required for the maintenance or
improvement of a road, or works carried out on land within
the boundaries of the road;
(iii) the carrying out by a local authority or statutory
undertaking of any temporary works for the purpose of
inspecting, repairing or renewing any sewers, mains, pipes,
cables or other apparatus, including the breaking open of
any street or other land for that purpose;
(iv) the use of any building or ot her land within the
curtilage purpose incidental to the enjoyment of the dwelling
house as such; and
(v) the use of any land for the purpose of agriculture,
gardening or forestry (including afforestation) and the use
for any purpose specified in this clause of a ny building
occupied together with the land so used;
(f) ‗development area‘ means any urban area or group
of urban areas declared to be a development area under
sub-section (1) of section 13;
(g) ‗engineering operations‘ include the formation or
laying out of means of access to a road or the laying out
means of water-supply, drainage, sewerage or of electricity
cables or lines or of telephone lines;
4 [Act No. 1 of 1975]
(h) ‗Government‘ means the State Government of
4Telangana;
5[(hh) ‗high rise building‘ means and includes all
buildings with eighteen meters (18) or more height,
measured from the average level of the central line of street
on which the site abuts. Staircase rooms, lift rooms,
chimneys, elevated tanks above the top most floor and
architectural features are excluded fro m the height of such
buildings;]
(i) ‗land‘ includes benefits to arise out of land, and
things attached to the earth or permanently fastened to
anything attached to the earth;
(j) ‗means of access‘ includes any means of acc ess,
whether private or public, for vehicle or for pedestrians, and
includes a road;
(k) ‗notification‘ means a notification published in the
4Telangana Gazette;
(l) ‗prescribed‘ means prescribed by rules made by the
Government under this Act;
6[(m) ‗regulation‘ means a regulation made under this
Act by an Urban Development Authority constituted under
sub-section (1) of section 3 or by a Special Area
Development Authority constituted under sub -section (1) of
section 3-A for the concerned development area;]
(n) ‗to erect‘ in relation to any building, includes,-
4. Substituted by G.O.M s.No.148, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
5. Inserted by Act No.9 of 2008.
6. Substituted by Act No.9 of 2001.
[Act No.1 of 1975] 5
(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 construc ted as one
such place;
(iv) the conversion of two or more places of human
habitation into a greater number of such places;
(v) su ch alterations of a building as to affect its
drainage or sanitary arrangements, or to 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 into such street or land;
(o) ‗urban area‘ means—
(i) the area comprised within the jurisdiction of the
7[Greater Hyderabad Municipal Corporation ] or of any
Municipality constituted under the 8[Telangana
Municipalities Act, 1965 ], and also any such area in the
vicinity as the Government may, having regard to the extent
of, and the scope for, the urbanisation of that area or other
7. Substituted by Act No.13 of 2008.
8. Adapted by G.O.Ms.No.142, Municipal Administration & Urba n
Development (F2) Department, dated 29.10.2015.
6 [Act No. 1 of 1975]
relevant considerati ons, specify in this behalf, by
notification; and
(ii) such other area as the Government may, by
notification, declare to be an urban area, which in the
opinion of the Government, is likely to be urbanised;
(p) ‗zone‘ means any one of the divisions into which
the development area may be divided for the purposes of
development under this Act.
CHAPTER II
URBAN DEVELOPMENT AUTHORITIES AND THEIR
OBJECTS.
3. (1) As soon as may be after an urban area or a group
of urban areas is declared to be a development area under
sub-section (1) of section 13, the Government shall, by
notification, constitute for the said development area, an
Urban Development Authority with effect from such date as
may be specified therein.
(2) Every Authority so constituted shall be a body
corporate by the name of the development area for which it
is constituted having perpe tual succession and a common
seal with power to acquire, hold and dispose of property,
both movable and immova ble, and to contract , and shall by
the said name sue and be sued.
(3) The Authority shall consist of the following
members, namely:—
(a) a Chairman, to be appointed by the Government;
Constitution of
Urban
Development
Authority.
[Act No.1 of 1975] 7
9[(b) a Vice -Chairman, to be appointed by the
Government, who shall be a whole -time C hief Executive
Officer of the Authority;]
(c) three members from among the Members of the
State Legislature, representing the development area, to be
nominated by the Government;
10[(d) five elected members of the Municipal
Corporation or Municipality, as the case may be, comprised
within the development area, to be nominated by the
Government;]
(e) one officer, representing the 11[Greater Hyderabad
Municipal Corporation ] or the Municipal Administration
Department of the Government, to be nominated by the
Government;
(f) one officer of the Town Planning Department of the
Government, to be nominated by the Government;
(g) one officer of the Finance Department of the
Government, to be nominated by the Government;
(h) 12[two] other members, to be nominated by the
Government.
13[(4) The Chairman shall be entitled to receive from the
funds of the Authority such salary, allowances and
9. Inserted by Act No.7 of 1984.
10. Substituted by Act No.27 of 2007.
11. Substituted by Act No.13 of 2008.
12. Substituted (two) by Act No.27 of 2007.
13. Existing sub -section (4) of section 3 relettered as sub-section (4-A)
and new sub -section (4) inserted by Act No.12 of 1976. Subsequently
sub-section (4) and (4 -A) of section 3 omitted by Act No.8 of 1983 and
again inserted by Act No.7 of 1984.
8 [Act No. 1 of 1975]
perquisites, if any , and governed by such terms and
conditions, as may be determined by the Government, from
time to time.
(4-A) The Vice-Chairman shall be a whole time paid
member of the Authority and shall be entitled to receive from
the funds of the Authority such salar ies and such
allowances, if any; and governed by such conditions of
service, as may be determined by regulations made in this
behalf. The Vice-Chairman shall hold office for such term as
the Government may fix.]
14[(5) The Chairman and every member of the
Authority, other than ex -officio member, shall hold office
during the pleasure of the Government.]
(6) Any member, other than the Chairman, 15[the Vice-
Chairman] and official members specified in clauses (e), (f)
and (g) of sub-section (3), may be paid from the funds of the
Authority, such allowances, if any, as may be prescribed.
(7) A member may resign his office by writing under his
hand addressed to the Government, but shall continue in
office until his resignation is accepted by the Government.
(8) Any member appointed or nominated to fill a casual
vacancy shall hold office for the remainder of the term of the
member in whose place he is appointed or nominated.
(9) No act or proceedings of the Authority shall be
invalid by reason only of the existence of any vacancy in, or
defect in the constitution of, the Authority.
14. Sub-section (5) of section 3 substituted by Act No.12 of 1996.
15. The word ―Vice-Chairman‖ inserted by Act No.7 of 1984.
[Act No.1 of 1975] 9
16[(10) The powers and functions of the Chairman and
the vice-Chairman shall be such as may be prescribed.]
17[3-A. (1) The Government may constitute a Special Area
Development Authority for any area in the State of
18Telangana as a special case whether such an area is
classified as an urban area or otherwise, in the interest of
specific developmen t objectives that may b e conduc ive to
the overall planned development of the State.
(2) Save as otherwise specified under this Act, the area
comprised within the jurisdiction of a Special Area
Development Authority shall be deemed to be a
Development Area notified under section 13 of this Act.
(3) The Government may, by notification constitute a
Special Area Development Authority for any part of a
Development Area for which an Urban Development
Authority was already constituted provided that the area so
comprised within the jurisdiction of the Special Area
Development Authority shall be deemed to have been
excluded from the jurisdiction of the said Urban
Development Authority under section 13 (2) (a) of this Act.
(4) Notwithstanding anything contacted in this Act, or in
any law for the time being in force, where any corporation or
company is formed by the Government for the development
of any particular area , the Government may, by notification
declare such company or corporation to be also a Special
Area Developmen t Au thority and the said area as a
Development Area under this Act.]
16. Sub-section (10) added by Act No.7 of 1984.
17. Section 3-A with marginal heading inserted by Act No.9 of 2001.
18. Substituted by G.O.Ms.No.148, MA & UD (M1) Department, dated
31.10.2015.
Constitution of a
Special Area
Development
Authority.
10 [Act No. 1 of 1975]
19[4. Notwithstanding anything contained in this Act or any
other law for the time being in force, Government may
appoint, any categories of officers and employees, in the
Greater Hyderabad Municipal Corporation constituted under
Greater Hyderabad Municipal Corporation Act, 1955, the
Hyderabad Metropolitan Development Authority constituted
under the Hyderabad Metropolitan Development Authority
Act, 2008, any Municipal Corporation constituted under the
Telangana Municipal Corporations Act, 1994 and any
Municipality and Nagar Panchayat constituted under the
Telangana Municipalities Act, 1965 and any Urban
Development authority constituted under this Act, i n the
State, as may be prescribed.]
20[4-A. (1) The Government shall have power—
(a) to make rules to regulate the classification,
methods of recruitment, conditions of service, pay and
allowances and disciplinary conduct of the officer appointed
under section 4;
(b) to recover from the Authority concerned the whole
of the salary and allowances paid to any such offi cer and
such contribution towards such officer paid by the
Government under sub-section (5) of section 4.
(2) The Government may at any time withdraw any
officer appointed under section 4 and appoint another in his
place.]
21[4-B. [(1) Notwithstanding anything contained in this Act or
any other law for the time being in force, Governement may
after consulting the Greater Hyderabad Municipal
19. Section 4 substituted by Act No.13 of 2017.
20. Section 4-A with marginal heading substituted by Act No.27 of 1986.
21. Section 4-B with marginal heading substituted by Act No. 27 of 1986
and 4-B (1) with marginal heading substituted by Act No.13 of 2017.
Appointment of
Officers and
employees.
Government‘s
power to regulate
the methods of
recruitment,
conditions of
service, etc., of
officers appointed
under section 4.
Constitution of
Common
Municipal Service.
[Act No.1 of 1975] 11
Corporation, Hyderabad Metropolitan Development
Authority, all Urban Development Authorities, Municipal
Corporations, Municipalities and Nagar Panchayats in the
State by a notification in the Telangana Gazette, constitute a
Common Municipal Service for the State, consisting of any
class of officers or employees of the Greater Hyderabad
Municipal Corporation, Hyderabad Metropolitan
Development Authority, all Urban Development Authorities,
Municipal Corporations, Municipal ities and Nagar
Panchayats in the State.]
(2) Upon the issue of a notification under sub -section
(1) of the Act, Government shall have power to make rules
to regulate the classification, methods of recruitment,
conditions of service, pay and allowances and discipline,
and conduct of the officers and employees of the
22[Common Municipal Service] thereby constituted and such
rules may vest jurisdiction in relation to such service in the
Government or in such other Authority or Authorities as may
be prescribed therein.]
5. (1) The objects of the Authority shall be to promote and
secure the development of all or any of the areas comprised
in the development area concerned according to plan and
for that purpose, the Authority , shall have the power to
acquire, by way of purchase or otherwise, hold, manage,
plan, develop and mortgage or otherwise dispose of land
and other property, to carry out by or on its behalf building,
engineering, mining and other operations, to execute wor ks
in connection with supply of water , and electricity, disposal
of sewerage and control of pollution, other services and
amenities and generally to do anything necessary or
expedient for purposes incidental thereto.
22. Substituted by Act No.13 of 2017.
Objects and
powers of the
Authority.
12 [Act No. 1 of 1975]
(2) The Authority may, for the purpos e of efficient
performance of its functions, constitute as many committees
as it thinks fit, in such manner as may be prescribed, and
provide by regulations made in this behalf for rules of
procedure at the meetings of the Committees and
allowances to members thereof.
CHAPTER III.
MASTER PLAN AND ZONAL DEVELOPMENT PLANS.
6. (1) The Authority shall, as soon as may be, carry out a
civic survey of and prepare a Master Plan for the
development area concerned.
(2) The Master Plan shall—
(a) define the various zones into which the
development area may be divided for the purposes of
development and indicate the manner in which the land in
each zone is proposed to be used (either after carrying out
development thereon or otherwise) and the stages by which
any such development shall be carried out; and
(b) serve as a basic pattern of frame -work within
which the zonal development plans of the various zones
may be prepared.
(3) The Master Plan may provide for any other matter
which is necessary for the proper development of the
development area.
7. (1) Simultaneously with the preparation of Master Plan
or as soon as may be thereafter, the Authority shall proceed
with the preparation of zonal development plan for each of
the zones into which the development area may be divided.
(2) A zonal development plan may,—
Civic survey of
and Master plan
for the
development
area.
Zonal
Development
Plans.
[Act No.1 of 1975] 13
(a) contain a site plan and land use plan for the
development of the zone and show the approximate
locations and extents of land uses proposed in the zones for
such purposes as roads, housing, schools, recreation,
hospitals, industry, business, market, public works and
utilities, public buildings, public and private open spaces
and other categories of public and private uses;
(b) specify the standards of populati on density and
building density;
(c) show every area in the zone which may, in the
opinion of the Authority, be required or declared for
development or re-development; and
(d) in particular, contain provisions regarding all or
any of the following matters, namely:—
(i) the division of a ny site into plots for the erec tion
of buildings;
(ii) the allotment or reservation of land for roads,
open spaces, gardens, recreation grounds, schools ,
markets and other public purposes;
(iii) the development of any area, into a township or
colony and the restrictions and conditions subject to which
such development may be undertaken or carried out;
(iv) the erection of buildings on any site and the
restrictions and conditions in regard to the open spaces to
be maintained in or around buildings and height and
character of buildings;
(v) the alignment of buildings on any site;
14 [Act No. 1 of 1975]
(vi) the architectural features of the elevation or
frontage of any building to be erected on any site;
(vii) the number of residential buildings which may
be erected on any plot or site;
(viii) the amenities to be provided in relation to any
site or buildings on such site whether before or after the
erection of buildings and the person or authority by whom
or at whose expense such amenities are to be provided;
(ix) the prohibitions or restrictions regarding
erection of shops, workshops, warehouses or factories or
buildings of a specified architectural feat ure or building
designed for particular purposes in the locality;
(x) the maintenance of walls, fences, hedges or any
other structural or architectural construction and the height
at which they shall be maintained;
(xi) the restrictions regarding the use of any site for
purposes other than erection of buildings; and
(xii) any other matter which is necessary for the
proper development of the zone or any other area thereof
according to plan and for preventing buildings being
erected haphazardly in such zone or area.
8. (1) In this section and in sections 9, 10, 12 and 15, the
word ―plan‖ means the Master Plan or the zonal
development plan for a zone or both, as the case may be.
(2) Before finally submitting any plan to the
Government for approval, the Authority 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, inviti ng objections and suggestions
Procedure to be
followed in
preparation and
approval of plans.
[Act No.1 of 1975] 15
from any person with respect to the draft plan before such
date as may be specified in the notice.
23[(3) (a) The Authority shall consult every local
authority comprised within the Development Area, at the
initial stage of the preparation of plan;
(b) The local authority may make representation with
respect to the plan within three months from the date of
receipt of communication from the said Authority failing
which it shall be deemed that the local authority have no
views to offer in this regard;
(c) The Authority shall consult the local authority
comprised within the Development Area after preparation of
the draft plan and before submission to the Government for
their approval. The Authority shall consider the views and
suggestions given by the local authority on merits. The local
authority may make any representation with respect to the
draft plan within a period of three months from the date of
receipt of communication from the Authority failing which it
shall be deemed to have been accepted.]
(4) After considering all objections, suggestions and
representations that may have been received by the
Authority, the Authority shall finally prepare the plan and
submit it to the Government for their approval.
(5) The fo rm and content of a plan and the procedure
to be followed and all other matters connected with the
preparation, submission and approval of such plan shall be
governed by such provisions, if any, as may be prescribed
in this behalf.
23. Sub-section (3) substituted by Act No.27 of 2007.
16 [Act No. 1 of 1975]
9. (1) Every plan shall, as soon as may be after its
preparation, be submitted by the Authority to the
Government for approval and the Government may either
approve the plan without modifications or with such
modifications as they may consider necessary or reject the
plan with directions to the Authority to prepare a fresh plan
according to such directions.
(2) The Government may direct the Authority to furnish
such information as they may require for the purpose of
approving any plan submitted to them under this section.
10. Immediately after a plan has been approved by the
Government, the Authority shall publish in such manner as
may be determined by regulations, a notice stating that a
plan has been approved and naming a place where copy of
the plan may be inspected during the specified hours and
upon the date of the first publication of the aforesaid notice,
the plan shall come into operation.
11. (1) Any general town planning scheme under the
24[Andhra Pradesh (Andhra Area) Town Planning Act, 1920 ],
any development plan under the 25[Greater Hyderabad
Municipal Corporation Act, 1955 ], or any Master Plan under
the 26[Telangana Municipalities Act, 1965], already prepared
and published by the local authority concerned and
sanctioned by the Government before the commencement
of this Act with respect to any area now forming part or
whole of a development area under this Act, shall be
deemed to be a Master Plan so prepared and published by
the Authority and sanctioned by the Government subject to
such alterations and modifications as may be considered
necessary, under this Act.
24. Andhra Pradesh (Andhra Area) Act.
25. Substituted by Act No.13 of 2008.
26. Adapted by G.O.Ms.No.142, Municipal Administration & Urban
Development (F2) Department, dated 29.10.2015.
Submission of
plans to
Government for
approval.
Date of operation
of plan.
Certain plans
already prepared
and sanctioned
deemed to have
been prepared
and sanctioned
under this Act.
[Act No.1 of 1975] 17
(2) Any detai led town planning scheme under the
27[Andhra Pradesh (Andhra Area) Town Planning Act, 1920 ],
any Improvement Scheme under the 28[Greater Hyderabad
Municipal Corporation Act, 1955 ], or any town development
plan under the 29[Telangana Municipalities Act, 1965 ],
already prepared and published by the local authority
concerned and sanctioned by the Government before the
commencement of this Act with respect to any area now
forming part of a development area under this Act, shall be
deemed to be a zonal development plan, so prepared and
published by the Authority and sanctioned by the
Government, subject to such alterations and modifications
as may be considered necessary under this Act.
(3) In respect of plans of the nature specified in sub -
section (1) or sub-section (2) which are at different stages of
preparation or publication or pending sanction of the
Government at the commencement of this Act, such plans
shall be deemed to have been prepared, or published or
submitted to Government , as the case may be, under this
Act, subject to such alterations and modifications as may be
considered necessary under this Act.
12. (1) The Authority may make such modifications to the
plan as it thinks fit, being modifications which, in its opinion,
do not effect important alterations in the character of the
plan and which do not relate to the extent of land uses or
the standards of population density.
(2) The Government may suo motu or on a reference
from the Authority make any modifications to the pl an,
whether such modifications are of the nature specified in
sub-section (1) or otherwise.
27. Andhra Area Act.
28. Substituted by Act No.13 of 2008.
29. Adapted by G.O.Ms.No.142, Municipal Administration & Urban
Development (F2) Department, dated 29.10.2015.
Modifications to
plan.
18 [Act No. 1 of 1975]
(3) Before making any modifications to the plan, the
Authority or, as the case may be, the Government shall
publish a notice in such form and manner as may be
prescribed inviting objections and suggestions from any
person with respect to the proposed modifications before
such date as may be specified in the notice and shall
consider all objections and suggestions that may be
received by the Authority or the Government.
(4) Every modification made under the provisions of
this section shall be published in such manner as the
Authority or the Government, as the case may be, may
specify and the modifications shall come into operation
either on the date of the publication or on such other date as
the Authority or the Government may fix.
(5) When the Authority makes any modifications to the
plan under sub-section (1), it shall report to the Government
the full particulars of such modifications within thirty days of
the date on which such modifications come into operation.
(6) If any question arises whether the modifications
proposed to be made by the Authority are modifications
which effect important alterations in the character of the plan
or whether they relate to the extent of land -uses or the
standards of population density, it shall be referred to the
Government whose decision thereon shall be final.
(7) Any reference in any other Chapter, except this
Chapter, to the Master Plan or the zonal development plan
shall be construed as a reference to the Master Plan or the
zonal development plan as modified under the provisions of
this section.
[Act No.1 of 1975] 19
CHAPTER IV.
DEVELOPMENT OF LANDS.
13. (1) As soon as may be after the commencement of this
Act, where Government consider it necessary to do so for
purposes of proper development of any urban area or group
of urban areas in this State they may, by notification, declare
such urb an area or g roup of urban areas to be a
development area for the purposes of this Act.
(2) The Government may, by notification and in
accordance with such rules as may be made in this behalf—
(a) exclude from a development area any area
comprised therein; or
(b) include in a development area any other area.
(3) Save as otherwise provided in this Act, the Authority
shall not undertake or carry out any development of land in
any area which is not a development area.
(4) After the commencement of this Act, no
development of land within the development area shall be
undertaken or carried out by any person or body including
any department of the Government, unless permission for
such development has been obtained in writing from the
Authority in accordance with the provisions of this Act.
(5) After the coming into operation of any of the plans
in any area within the development area, no development
shall be undertaken or carried out in that area unless such
development is also in accordance with such plans.
(6) Notwithstanding anything in any other law or the
provisions contained in sub -sections (4) and (5),
development of any land undertaken in accordance with any
Declaration of
development
areas and
development of
land in those and
other areas.
20 [Act No. 1 of 1975]
law by any person or body including any department of the
Government or any local aut hority before the
commencement of this Act, may be completed without
compliance with the requirements of those sub-sections:
Provided that such d evelopment of land shall be
completed within one year from the date of commencement
of this Act, unless the Authority, for good and sufficient
reason, extends the said period of one year for such further
period as it deems fit.
(7) After the co mmencement of this Act, no
development of land shall be undertaken or carried out by
any person or body including any department of the
Government in such area adjoining to or in the vicinity of the
development area, as may be notified by the Government
unless approval of or sanction for such development has
been obtained in writing from the local authority concerned,
in accordance with the provisions of relevant law relating
thereto, including the law relating to town planning for the
time being in force and the rules and regulations made there
under:
Provided that the local authority concerned may, in
consultation with the Authority frame or suitably amend its
regulations in their application to such area adjoining to or
in the vicinity of the development area.
(8) (a) Where any part of the area adjoining to or in the
vicinity of the development area, as notified unde r sub -
section (7), is in the process of rapid development or is
likely to develop in the near future, the local authority
concerned shall, either on the direction of the Government
or on the advice of the Authority, prepare, in consultation
with the Author ity, town planning scheme under the law
relating to Town Planning, for the time being in force, and
[Act No.1 of 1975] 21
publish the schemes as required under that law and submit
them to the Government for sanction.
(b) Any development in the area covered by such
town plann ing schemes shall be in accordance with the
provisions of the schemes as sanctioned by the
Government.
(c) Where in regard to the matters specified in sub -
section (7) and of this sub -section there is a difference of
opinion between the local authority concerned and the
Authority, the matter shall be referred to the Government,
whose decision thereon shall be final.
(9) in this section, and in sections 14, 16 and 41 the
expression ‗department of the Government‘ means any
department, organisation or public undertaking of the State
Government or of the Central Government.
14. (1) Every person or body including a department of the
Government desiring to obtain the permission referred to in
section 13 shall make an application in writing to the
Authority in such form and containing such parti culars in
respect of the development to which the application relates
as may be determined by regulations.
(2) Every application under sub -section (1) shall be
accompanied by such fee as may be prescribed 30[and a
copy of the title deed of the land duly attested by a Gazetted
Officer of the Government together with an urban land
ceiling clearance certificate if the extent of the land exceeds
the ceiling limit or an affidavit declaring that the total extent
of land held by such holder, his or her spouse and
unmarried minor children does not exceed the ceiling limit:]
30. Inserted by Act No.7 of 1992.
Application for
permission.
22 [Act No. 1 of 1975]
Provided that no such fee shall be necessary in the
case of an application made by a department of the
Government, or any local authority.
(3) On receipt of an application for permission under
sub-section (1), the Authority, after making such enquiry as
it considers necessary, in relation to any matter specified in
clause (d) of sub -section (2) of section 7, or in relation to
any other matter, shall by order in writing either grant the
permission, subject to such conditions, if any, as may be
specified in the order or refuse to grant such permission.
(4) Where permission is refused, the grounds of such
refusal shall be recorded in writing and communicated to
the applicant in the manner determined by regulations.
(5) If, within ninety days after the receipt of any
application made under this section for permission, or of
any information or further information required under rules
or regulations, the Authority has neither granted no r refused
its permission, such permission shall be deemed to have
been granted; and the applicant may proceed to carry out
the development but not so as to contravene any of the
provisions of this Act or any rules or regulations made under
this Act.
(6) The Authority shall keep a register of applications
for permission under this section in such form as may be
determined by regulations.
(7) The said register shall contain such particulars
including information as to the manner in which applications
for permission have been dealt with, as may be determined
by regulations and shall be available for inspection by any
member of the public during specified hours on payme nt of
such fee, not exceeding rupees five, as may be determined
by regulations.
[Act No.1 of 1975] 23
(8) Where permission is refused under this section the
applicant or any person claiming through him shall not be
entitled to get refund of the fee paid on the application for
permission.
15. After the coming into operation of any of the plans in a
zone, no person shall use or permit to be used any land or
building in that zone otherwise than in conformity with such
plan:
Provided that it shall be lawful to continue to use upon
such terms and conditions as may be determined by
regulations made in this behalf, any land or building for the
purpose for which, and to the extent to which, it is being
used on the date on which such plan comes into force.
16. Nothing in this Act shall apply to—
(a) the carrying out of works for the maintenance,
improvement or other alteration of any building being works
which affect only the interior of the building for which do not
materially affect the external appearance of the building;
(b) the carrying out by any local authority or by any
department of the Gover nment, of any works for the
purposes of inspecti ng, repairing or renewing any drains,
sewers, mains, pipes, cables, or other apparatus including
the breaking open of any street or other land for that
purpose;
(c) the excavations (including wells) made in the
ordinary course of agricultural operations; and
(d) the construction of unmetalled road intended to
give access to land solely for agricultural purposes.
User of the land
and buildings in
contravention of
plans.
Act not to apply
for certain
development
works.
24 [Act No. 1 of 1975]
17. (1) Where any land situated in any development area is
required by the Master Plan or zonal development plan to
be kept as an open space or unbuilt upon or is designated
in any such plan as subject to compulsory acquisition, if at
the expiration of ten years from the date of operation of the
plan u nder section 10, or where such l and has been so
required or desig nated by any amend ment of such plan,
from the date of operation of such amendment, the land is
not compulsorily acquired, the owner of the land may serve
on the Government a notice requiring his interest in the land
to be so acquired.
(2) If the Government fail to acquire the land within a
period of six months from the date of receipt of the notice,
the Master Plan or zonal development plan, as the case may
be, shall have effect after the expiration of the said six
months, as if the land w ere not required to be kept as an
open space or unbuilt upon or were not designated as
subject to compulsory acquisition.
CHAPTER V.
ACQUISITION AND DISPOSAL OF LAND.
18. (1) If , in the opinion of the Government, any land is
required for the purpose of development, or for any other
purpose under this Act, the Government may acquire such
land under the provisions of the Land Acquisition Act, 1894.
(2) Where any land has been acqu ired by the
Government, they may, after they have taken possession of
the land, transfer the land to t he Authority or any local
authority for the purpose for which the land has been
acquired on payment by the Authority or the local authority
of the compens ation awarded under that Act and of the
charges incurred by the Government in connection with the
acquisition.
Plans to stand
modified in certain
cases.
Compulsory
acquisition of
land.
Central Act 1 of 1894.
[Act No.1 of 1975] 25
31[18-A. Where the authority proposes to acquire any land
otherwise than under the provisions of 32the Land
Acquisition Act, 1894, it shall obtain the previous approval of
the District Collector, therefor. While according his approval,
the District Collector shall determine the value at which the
land is to be acquired and every such acquisition shall be
subject to the previous sanction of the Government as may
be prescribed.]
19. (1) Subject to any directions given by the Government
under this Act, the Authority or, as the case may be, the
local authority concerned may dispose of—
(a) any land acqui red by the Government and
transferred to it, without undertaking or carrying out any
development thereon; or
(b) any such land after undertaking or carrying out
such development as it thinks fit; to such persons in such
manner and subject to such terms and conditions as i t
considers expedi ent for secur Excerpt shown. Open the full act in Lexace.