Development Plan Timelines & Land Acquisition

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Questions and Answers

What is the maximum timeframe, following the initial period, that a State Government can extend the preparation time for a Draft Development Plan?

  • 18 months
  • 6 months
  • 12 months (correct)
  • 24 months

A Planning Authority is mandated to prepare and publish a notice of the Draft Development Plan within a specific duration. If the authority fails to meet this deadline, what is the most likely consequence?

  • The process must start de novo
  • A monetary fine is imposed on the authority
  • State Government intervention (correct)
  • Automatic approval of the plan

If land designated for public use in a finalized Regional or Development Plan remains unacquired, after how many years can the landowner legally issue a purchase notice to compel acquisition?

  • 15 years
  • 10 years (correct)
  • 7 years
  • 5 years

Following an owner's issuance of a purchase notice for land reserved for public purposes, if the government fails to take action within a specified period, what is the legal consequence?

<p>The purchase notice is deemed confirmed. (A)</p> Signup and view all the answers

Within what timeframe must the State Government request necessary reports from the Planning Authority upon receiving a purchase notice regarding land reserved for public purposes?

<p>30 days (D)</p> Signup and view all the answers

After a purchase notice is confirmed, what is the timeframe within which the appropriate authority must acquire the land; otherwise, what legal consequence arises?

<p>1 year (C)</p> Signup and view all the answers

Under Section 126, how many years does the State Government have to declare land acquisition after publishing the draft plan?

<p>1 year (C)</p> Signup and view all the answers

In the context of unauthorized development under Section 52, what could be the penalty for ongoing construction even after an initial conviction?

<p>$₹200$ per day (C)</p> Signup and view all the answers

Prior to initiating immediate action against unauthorized construction, what is the duration of the notice period that must be given to halt the construction?

<p>24 hours (C)</p> Signup and view all the answers

What is the timeframe granted in a notice for rectifying unauthorized construction before further penalties are enforced?

<p>1 month (C)</p> Signup and view all the answers

According to Section 56A, what is the consequence for a government officer who neglects to act against unauthorized construction, as stipulated under the regulations?

<p>₹20,000 fine or 3 months imprisonment (A)</p> Signup and view all the answers

Within how many days from the date of receiving an assessment notice are development charges required to be paid?

<p>30 days (B)</p> Signup and view all the answers

If development charges are not remitted within the stipulated timeframe, what is the annual interest rate levied on the outstanding amount?

<p>18% (A)</p> Signup and view all the answers

What is the duration within which an individual can lodge an appeal against a development charge assessment?

<p>45 days (D)</p> Signup and view all the answers

In instances where an appeal against development charges results in additional charges, from what date is the 18% interest applicable on these additional charges?

<p>From the date of original assessment notice (D)</p> Signup and view all the answers

In cases where land is urgently required for public purposes, what is the minimum notice period that the Government must provide before taking possession of the land?

<p>15 days (A)</p> Signup and view all the answers

When land is acquired under urgency provisions, from which date is interest payable to the owner of the land?

<p>From the date of possession (C)</p> Signup and view all the answers

The fine for unauthorized development can range:

<p>$₹2,000 – ₹5,000$ (C)</p> Signup and view all the answers

What is the earliest timeframe in which the State Government may approve a Comprehensive Development Plan?

<p>3 months (D)</p> Signup and view all the answers

What is the minimum imprisonment for unauthorized development under Section 52?

<p>1 month (D)</p> Signup and view all the answers

Flashcards

Draft Development Plan Notice Time Limit

A Planning Authority has 1 year to prepare and publish a notice of the Draft Development Plan.

Extension Time for Draft Development Plan

The State Government can extend the preparation of the Draft Development Plan by 12 months.

Comprehensive Development Plan Approval Time

The state government must approve a Comprehensive Development Plan within 3 months.

Waiting Period for Purchase Notice

If land reserved for public purposes in a final plan is not acquired, the owner must wait 10 years before issuing a purchase notice.

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Government Action Time After Purchase Notice

After a purchase notice, the Government has 24 months to act before the reservation lapses.

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Report Request Time After Purchase Notice

The State Government must request necessary reports from the Planning Authority within 30 days of receiving a purchase notice.

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Purchase Notice Deemed Confirmation Time

If the Government fails to act on a purchase notice within 6 months, it is deemed confirmed.

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Land Acquisition Time After Purchase Notice Confirmation

After confirming a purchase notice, the appropriate authority must acquire the land within 3 years, or else the reservation lapses.

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Land Acquisition Declaration Time

Under Section 126, the State Government must declare land acquisition within 1 year after publishing the draft plan.

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Imprisonment for Unauthorized Development

The imprisonment for unauthorized development under Section 52 ranges from 1 month to 3 years.

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Fine Range for Unauthorized Development

The fine for unauthorized development can range from ₹2,000 to ₹5,000.

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Daily Penalty for Continuing Unauthorized Construction

If unauthorized construction continues after conviction, the daily penalty imposed is ₹200 per day.

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Notice Period to Stop Unauthorized Construction

The notice period given to stop unauthorized construction before immediate action is taken is 48 hours.

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Notice Period for Fixing Unauthorized Construction

The notice period for fixing unauthorized construction before further penalties apply is 1 month.

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Penalty for Government Officer Failing to Act

Under Section 56A, if a government officer fails to act against unauthorized construction, the punishment is a ₹20,000 fine or 3 months imprisonment.

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Development Charge Payment Time

Development charges must be paid within 30 days after receiving an assessment notice.

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Interest Rate for Late Development Charge Payment

If development charges are not paid on time, the interest rate is 18% per annum.

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Appeal Time Against Development Charge Assessment

A person has 60 days to appeal against a development charge assessment.

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Interest Start Date After Appeal

If an appeal results in additional charges, 18% interest applies from the date of the original assessment notice.

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Notice Period for Urgent Land Possession

If land is urgently required for public purposes, the minimum notice period before the Government can take possession is 30 days.

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Study Notes

  • The time limit for a Planning Authority to prepare and publish a notice of the Draft Development Plan is 1 year.
  • The State Government can extend the preparation of the Draft Development Plan by 12 months.
  • The State Government has 12 months to approve a Comprehensive Development Plan.
  • If land is reserved for public purposes in a final Regional Plan or Development Plan but not acquired, the owner must wait 10 years before issuing a purchase notice.
  • After an owner issues a purchase notice, the Government has 24 months to act before the reservation lapses.

Purchase Notice & Land Acquisition

  • The State Government must request necessary reports from the Planning Authority within 30 days of receiving a purchase notice.
  • Failure by the government to act on a purchase notice within 6 months results in deemed confirmation.
  • After confirming a purchase notice, the appropriate authority must acquire the land within 3 years, or the reservation lapses.
  • Under Section 126, the State Government must declare land acquisition within 1 year after publishing the draft plan.

Unauthorized Development & Penalties

  • The minimum and maximum imprisonment for unauthorized development under Section 52 is 3 months to 5 years.
  • The fine for unauthorized development can range from ₹2,000 to ₹5,000.
  • If unauthorized construction continues after conviction, a daily penalty of ₹200 is imposed.
  • The notice period given to stop unauthorized construction before immediate action is taken is 24 hours.
  • The notice period for fixing unauthorized construction before further penalties apply is 1 month.
  • Under Section 56A, if a government officer fails to take action against unauthorized construction, the punishment is a ₹20,000 fine or 3 months imprisonment.

Development Charges & Appeals

  • Development charges must be paid within 30 days after receiving an assessment notice.
  • If development charges are not paid on time, the interest rate is 18% per annum.
  • A person has 60 days to appeal against a development charge assessment.
  • If an appeal results in additional charges, 18% interest applies from the date of the original assessment notice.

Land Acquisition & Urgent Possession

  • If land is urgently required for public purposes, the minimum notice period before the Government can take possession is 15 days.
  • If land is acquired under urgency, interest must be paid to the owner from the date of possession.

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