183 Questions
What is the purpose of preparing a town planning scheme?
To implement the proposals in the final Development plan
What is one of the matters that a town planning scheme can make provision for?
Laying out or re-laying out of land
What can a Planning Authority do under this Act?
Prepare one or more town planning schemes
What is one of the matters that a town planning scheme may specify?
The preservation of objects of historical or national interest
What can a town planning scheme provide for?
The allotment or reservation of land for open spaces, gardens, recreation grounds, schools, markets, green-belts, dairies, transport facilities and public purposes of all kinds
Under what condition can a Planning Authority prepare a town planning scheme?
Subject to the provisions of this Act or any other law for the time being in force
What can a town planning scheme suspend?
Any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force
What is one of the purposes for which land can be reserved under a town planning scheme?
For open spaces, gardens, recreation grounds, schools, markets, green-belts, dairies, transport facilities and public purposes of all kinds
What is the time limit for the Planning Authority to make a draft scheme after declaring its intention?
Nine months
What happens if the Planning Authority fails to make a draft scheme within the specified time?
The declaration lapses
Who can extend the period for making a draft scheme?
The State Government
What is the purpose of publishing the declaration in the Official Gazette?
To inform the public of the declaration
Can an additional area be included in the scheme after the declaration?
Yes, after informing the State Government and giving notice
What is the purpose of making a draft scheme?
To provide for suitable amendment of the Development plan
Who can make a declaration of intention to make a scheme?
The Planning Authority
What is the purpose of despatching a copy of the plan to the State Government?
To inform the State Government of the declaration
Can a Planning Authority make a fresh declaration after a lapse?
Yes, at any time
Who is responsible for preparing a draft scheme if the Planning Authority fails to do so?
The Officer appointed by the State Government
What may the State Government direct a Planning Authority to do in respect of any land?
Make and submit a draft scheme for its sanction
What happens if the Planning Authority fails to make a declaration of intention to make a scheme within three months?
The State Government by notification in the Official Gazette, appoints an officer to make and submit the draft scheme
What is the maximum percentage of land reserved for economically weaker section and lower income group?
10%
What is the purpose of the proceeds from the sale of land referred to in sub-clause (D) of the draft scheme?
To provide infrastructure facilities in the area covered under the scheme
What is the purpose of the land allotted for the purposes referred to in sub-clause (C) of the draft scheme?
For social infrastructure such as schools, dispensary, fire brigade and public utility place
What is the purpose of reconstituting plots in the draft scheme?
To make the plots suitable for building purposes
What is the role of the Planning Authority in making a town planning scheme?
To make and submit a draft scheme for its sanction
What is the purpose of section 64 of the Act?
To outline the contents of the draft scheme
What happens to the land allotted for parks, playgrounds, and open spaces under the draft scheme?
It cannot be changed for any other purpose
What is the purpose of section 65 of the Act?
To provide for the reconstitution of plots
What happens to an order issued under sub-section (1) if the State Government refuses to sanction the scheme?
It ceases to operate
When can an inquiry be held to decide who shall be deemed to be the owner of a piece of land?
At any time prior to the date on which the arbitrator draws up the final scheme
What is the effect of a decision made by the appointed officer on a disputed claim of ownership?
It is not subject to appeal but does not operate as a bar to a regular suit
What happens to the final scheme sanctioned by the State Government if a civil court passes a decree which is inconsistent with the decision made by the appointed officer?
It is deemed to have been suitably varied by reason of such decree
Under what circumstances can the declaration of intention to make a town planning scheme lapse?
If the scheme is withdrawn under section 87
What is the purpose of holding an inquiry on a disputed claim of ownership?
To decide who shall be deemed to be the owner for the purposes of this Act
What happens to the decision made by the appointed officer if a civil court passes a decree which is inconsistent with the decision?
It is corrected, modified or rescinded in accordance with the decree
What happens when a person contravenes the provisions of clauses (a) or (b) of sub-section (1) of section 69?
The Planning Authority may direct the person to stop the development and restore the land to its original condition.
What is the time period within which the Planning Authority must communicate its decision to the applicant?
Two months from the date of acknowledgment
Under what condition can a municipal corporation grant a commencement certificate for a purpose that conflicts with the provisions of the draft scheme?
With the previous approval of the Arbitrator
What can a draft scheme propose in relation to an original plot?
To form a final plot by reconstitution of the original plot, alteration of its boundaries, or transfer of adjoining lands
What happens to the restrictions imposed by section 69 in the event of the State Government refusing to sanction the draft scheme?
They cease to operate
What is the consequence of a municipal corporation granting permission under clause (b) of sub-section (1) of section 69?
The State Government is informed accordingly
What is the time frame within which a person affected by a draft scheme can communicate their objections in writing?
30 days from the date of publication of the notice regarding the preparation of the draft scheme
What is the effect of the publication of a declaration of intention to make a scheme under section 61?
Restrictions are imposed on the use and development of land within the area included in the scheme
What is the purpose of submitting a draft scheme to the State Government?
To obtain sanction from the State Government for the draft scheme
What is the power of the State Government under section 70?
To suspend any rule, bye-law, regulation, notification or order made or issued under any law
What happens to the land required by the Appropriate Authority for the purposes specified in the sanctioned draft scheme?
The land vests absolutely in the Appropriate Authority free from all encumbrances
What is the effect of the failure of the Planning Authority to communicate its decision to the applicant within two months?
The applicant is deemed to have been granted the commencement certificate
What is the role of the Director of Town Planning in the process of sanctioning a draft scheme?
The Director of Town Planning advises the State Government on the sanctioning of the draft scheme
What is the role of the Arbitrator in the grant of a commencement certificate by a municipal corporation?
The Arbitrator is required to approve the grant of the commencement certificate
What is the time frame within which the State Government can sanction or refuse to sanction a draft scheme?
Within 3 months from the date of submission of the draft scheme
What is the purpose of notifying the sanction of a draft scheme in the Official Gazette?
To inform the public about the sanction of the draft scheme
What is the consequence of the withdrawal of the scheme under section 87?
The restrictions imposed by section 69 cease to operate
What is the consequence of the sanction of a draft scheme by the State Government?
All of the above
What is the role of the Arbitrator in relation to the cessation of use of a building or area?
The Arbitrator determines the compensation payable to the person affected
What is the consequence of the vesting of land in the Appropriate Authority under a sanctioned draft scheme?
The land vests absolutely in the Appropriate Authority free from all encumbrances
Within what time period does the Arbitrator need to prepare the preliminary scheme?
Nine months
Under what condition can the State Government extend the period for preparing the preliminary scheme?
By an order in writing
What is one of the tasks of the Arbitrator in the preliminary scheme?
Defining and demarcating areas for public purpose
Who submits the final scheme to the State Government for sanction?
The Arbitrator
What happens if the Arbitrator fails to prepare the final scheme within the extended period?
The period can be extended further by the State Government
What is the purpose of the Arbitrator deciding the person to whom a final plot is to be allotted?
To allocate plots fairly
What is one of the tasks of the Arbitrator in the preliminary scheme related to original plots?
Providing for the transfer of rights
What is the role of the Arbitrator in determining the period for completing the works under the scheme?
Determining the period for completing the works
What is the time period within which the State Government shall appoint an Arbitrator after the sanction of the draft scheme is published in the Official Gazette?
One month
What can the State Government do to an Arbitrator appointed under this section?
Remove for incompetence or misconduct or replace for any good and sufficient reason
What is the role of the Arbitrator in relation to the town planning scheme?
To subdivide the town planning scheme into a preliminary scheme and a final scheme
What happens to a proceeding pending before the Arbitrator immediately before the date of his removal or replacement?
It is continued and disposed of by the new Arbitrator
What are the grounds on which the State Government can remove an Arbitrator?
Incompetence, misconduct, or any good and sufficient reason
What is the role of the Arbitrator in relation to the proceedings pending before him?
To continue and dispose of the proceeding
What is the finality of the Arbitrator's decision in certain matters?
Final and binding except in matters arising out of clauses (i), (ii), (iv), (v), and clauses (vii) to (xiii) of sub-section (6) of section 72.
Who can apply to the Arbitrator to make a reference to the Tribunal of Appeal?
Any party aggrieved by the decision of the Arbitrator.
What is the composition of the Tribunal of Appeal?
A President and two Assessors.
What is the role of the Arbitrator in the proceedings before the Tribunal of Appeal?
To assist the Tribunal in an advisory capacity.
Where can the Tribunal of Appeal sit?
At any place within the local limits of the President's jurisdiction.
What kinds of questions are decided by the President of the Tribunal of Appeal?
All questions of law and procedure.
What is the power of the Tribunal of Appeal in respect of the proposals of the Arbitrator?
To confirm the proposals or direct the Arbitrator to reconsider, vary, or modify them.
What is the period within which an appeal can be made to the Tribunal of Appeal?
Two months from the date of communication of the decision.
What is the provision applicable to appeals submitted under section 74?
The provisions of the Limitation Act, 1963.
Who can remove an Assessor from the Tribunal of Appeal?
The State Government.
What is the task of the Arbitrator in estimating the amount of compensation payable under section 66?
To determine the amount of compensation payable under section 66
What happens to the land when the Arbitrator takes possession of it under section 83?
It vests absolutely in the Planning Authority free from all encumbrances.
What is the purpose of the Arbitrator determining the proportion of the sums payable as compensation?
To include the proportion in the cost of the scheme
What is the role of the Commissioner of Police or the District Magistrate in section 84?
To enforce the delivery of possession of the land to the Arbitrator.
What is the role of the Arbitrator in relation to plots used or occupied for religious or charitable purposes?
To determine the amount of exemption from the payment of contribution
What is the purpose of the Arbitrator calculating the contribution to be levied on each final plot?
To include the contribution in the cost of the scheme
What is the rate of interest payable to the person interested in the land from the date of taking possession till the date of payment of compensation?
4 per cent per annum.
What is the time limit for the State Government to sanction or refuse to sanction the preliminary or final scheme?
Three months from the date of receipt.
What happens when the Arbitrator makes a substantial variation in the draft scheme?
The State Government must sanction the variation
What happens if the State Government sanctions the preliminary or final scheme?
The scheme is kept open for inspection by the public.
What is the purpose of the Arbitrator estimating the compensation payable for the loss of the area of the original plot?
To include the compensation in the cost of the scheme
Under what circumstances can the Arbitrator withdraw a scheme?
If a majority of the owners in the area and the Planning Authority make a representation to withdraw the scheme.
What is the task of the Arbitrator in relation to claims made before him?
To estimate the compensation to be paid to the owner of any property
What is the consequence of the State Government's withdrawal of the scheme?
No further proceedings shall be taken in regard to the scheme.
What is the role of the Arbitrator in determining the proportion of contribution to be levied on each plot?
To determine the proportion of contribution to be levied on each plot
What is the purpose of the Arbitrator drawing up the preliminary and final schemes?
To draw up the schemes in accordance with the draft scheme
What is the effect of the notification issued by the State Government under section 86?
The scheme comes into force.
What is the role of the Arbitrator in determining the amount to be deducted from or added to the contribution leviable from a person?
To determine the amount to be deducted from or added to the contribution
What is the role of the Arbitrator under section 87?
To forward representations to the State Government.
What is the status of the decision of the Tribunal of Appeal?
Final and binding on all persons and parties
What is the consequence of the State Government's decision to withdraw the scheme?
No further proceedings shall be taken in regard to the scheme.
What is the remuneration of the President and Assessors of the Tribunal of Appeal?
Monthly salary or fees or partly in one way and partly in the other
Who decides the remuneration of the President and Assessors of the Tribunal of Appeal?
The State Government
What happens to the expenses incidental to the working of the Tribunal of Appeal?
They are defrayed out of the funds of the Planning Authority
What is the status of the decisions of the Arbitrator under certain clauses?
Final and binding
What can the Planning Authority do if it thinks it is necessary to undertake works included in a draft scheme?
Make an application to the State Government
What can the State Government do if it is satisfied that it is urgently necessary in the public interest to empower the Planning Authority?
Direct the Arbitrator to take possession of the land
What happens if no possession is delivered within the specified period?
The Arbitrator takes possession of the land
What is the role of the Arbitrator in the process of taking possession of the land?
The Arbitrator takes possession of the land and hands it over to the Planning Authority
What is the purpose of the Arbitrator giving a notice to the person interested in the land?
To require them to give possession of the land to the Arbitrator
What action can the Planning Authority take against a person who continues to occupy land not entitled to them under a preliminary scheme?
Summarily evict the person
What can the Planning Authority do to a building that contravenes a preliminary scheme?
Remove, pull down, or alter the building
Who enforces the eviction of a person from land not entitled to them under a preliminary scheme?
Both A and B
How can the expenses incurred by the Planning Authority be recovered?
Both A and B
What can the Planning Authority execute if it appears that delay would prejudice the efficient operation of the scheme?
Any work that is the duty of any person to execute
What happens if the Planning Authority is opposed or impeded in evicting a person from land not entitled to them under a preliminary scheme?
The Commissioner of Police intervenes
Under what circumstances can the Commissioner of Police or the District Magistrate intervene?
When the Planning Authority is opposed or impeded in evicting a person
What is the purpose of the prescribed procedure for evicting a person from land not entitled to them under a preliminary scheme?
To follow a formal process
Who is primarily liable for the payment of the contribution leviable in respect of a final plot?
The owner of the final plot
What is the basis for estimating the value of each plot for the purpose of calculation of increment?
Market value at the date of the declaration of intention to make a scheme
What happens to a right in an original plot if it is capable of being transferred?
It is transferred wholly or in part to a final plot
In what circumstances can an agricultural lease not be transferred from an original plot to a final plot?
Without the consent of all parties to the lease
What is the provision in lieu of the amount that qualifies to be deducted from the contribution leviable from a person?
Grant of FSI or TDR
What is the purpose of estimating the value of each plot for the purpose of calculating the contribution leviable?
To determine the contribution leviable from the owner
What happens to a right in an original plot if it is not capable of being transferred?
It is extinguished
What is the purpose of calculating the amount by which the total value of final plots falls short of or exceeds the total value of the original plots?
To determine the contribution leviable from the owner
What happens to a town planning scheme when it is varied by a subsequent scheme?
The provisions of this Chapter apply to the variation and making of the subsequent scheme
Who bears the costs of a town planning scheme in the event of it being withdrawn or sanction being refused?
The Planning Authority or the owners concerned
What is the power of an officer appointed under section 71 or an Arbitrator or the Tribunal of Appeal?
To summon and enforce the attendance of witnesses
What is the purpose of constituting a Special Planning Authority under section 40?
To make a joint development plan or a joint town planning scheme
What happens to a joint development plan or a joint town planning scheme when sanctioned by the State Government?
It has effect in the several contiguous areas as if they are separate development plans or town planning schemes
Who can direct that the costs of a scheme shall be borne by the Planning Authority or be paid to the Planning Authority by the owners concerned?
The State Government
What is the purpose of sections 69, 70, 97, 98, and 100 in relation to a varied scheme?
To apply to the variation and making of a subsequent scheme
What is the power of a party to any proceeding before an Arbitrator or the Tribunal of Appeal?
To appear either in person or by their agent
What is the purpose of summoning and enforcing the attendance of witnesses under section 95?
To compel evidence and production of documents
What is the effect of a joint development plan or a joint town planning scheme when executed by the several Planning Authorities?
It has effect in the several contiguous areas as if they are separate development plans or town planning schemes
What is the final authority in case of a dispute regarding an action taken by the Planning Authority?
The State Government
Who is exempt from compensation in case of damage or loss resulting from an action taken by the Appropriate Authority?
Only persons who constructed buildings or started work before a specified date
What is the condition for a person to claim compensation in respect of damage or loss?
The person must have entered into an agreement with the Appropriate Authority
What is the purpose of the provisions of section 91?
To vary a scheme on the ground of error, irregularity or informality
What is the role of the State Government in varying a scheme under section 91?
To authorise or direct the Planning Authority to prepare a draft variation
What is the time frame for communicating objections to a draft variation?
One month
What is the consequence of the State Government sanctioning a variation with or without modifications?
The variation becomes effective from the date of notification
What is the purpose of publishing a notice of preparation of draft variation?
To invite objections to the draft variation
Who can apply to the State Government for variation of a scheme?
The Planning Authority
What is the role of the Arbitrator in the variation of a scheme?
To hear objections to the draft variation
What is included in the cost of a town planning scheme?
All sums payable by a Planning Authority under the provisions of this Act, all sums spent or estimated to be spent by a Planning Authority and all legal expenses
What is the purpose of clause (f) of sub-section (1) of the section?
To estimate the market value of the original plots and the plots included in the final scheme
How is the contribution to be levied by the Planning Authority calculated?
Calculated in proportion to the increment which is estimated to accrue in respect of such plot
What is the maximum contribution that can be levied on a plot?
Half of the increment
Under what condition can a contribution be levied on a plot used for a public purpose?
If the plot is beneficial partly to the owners or residents within the area of the scheme and partly to the general public
What is the purpose of section 98?
To define the increment
How is the increment estimated?
By comparing the market value of the original plots with the improvements contemplated in the scheme
What is excluded from the estimation of the market value of a plot?
The value of buildings or other works erected on the plot
What is the purpose of section 99?
To provide for the manner of meeting the cost of the scheme
How is the cost of the scheme met?
Partly by the Planning Authority and partly by a contribution to be levied by the Planning Authority
What is the consequence of an agreement between parties that contains provisions inconsistent with the final scheme drawn up by the Arbitrator?
The agreement shall be void
What is the consequence of failing to pay a sum due to the Planning Authority?
The Planning Authority shall recover the sum as if they were arrears of land revenue
What happens to any surplus amount remaining after completing and meeting all the costs of a scheme?
The surplus amount shall be used to provide further amenities within the area of the scheme
What is the role of the tribunal in determining whether a sum is due to the Planning Authority?
The tribunal shall decide the question and its decision shall be final
What is the consequence of destroying or injuring a boundary stone or mark lawfully fixed or constructed?
The person shall pay a fine not exceeding twenty rupees for each stone or mark so destroyed, injured or removed
What is the consequence of failing to complete the works within the prescribed period?
The State Government may, notwithstanding anything contained in sub-section (1), require the Planning Authority to complete the works within a further period
What is the purpose of a tribunal constituted by the State Government?
To decide questions referred to it under sub-section (2)
What is the consequence of the Planning Authority failing to complete the works within the prescribed period or within the period extended?
The State Government may appoint an officer to complete such works at the cost of the Planning Authority
What is the role of the State Government in extending the period for completing the works?
The State Government can extend the period at its discretion
What is the consequence of an agreement being modified by the State Government?
Either party to the agreement shall have the option of avoiding it
What is the condition for an owner to obtain compensation in respect of a property or right injuriously affected by a town planning scheme?
The owner makes a claim before the Arbitrator within sixty days of the receipt of the notice from the Arbitrator
In which scenario is no compensation payable in respect of any property or private right?
When under any other law for the time being in force applicable to the area for which such scheme is made, no compensation is payable for such injurious affection
What happens if the contribution to be levied from the owner of an original plot under section 100 is less than the total amount to be deducted therefrom under any of the provisions of this Act?
The net amount of his loss shall be payable to him by the Planning Authority in cash or in such other way as may be agreed upon by the parties
Who is entitled to obtain compensation in respect of a property or right injuriously affected by the making of a town planning scheme?
The owner of the property or right
What is the role of the Arbitrator in relation to compensation for a property or right injuriously affected by the making of a town planning scheme?
The Arbitrator determines the person from whom the compensation is payable
What is the condition for a property or private right to be deemed injuriously affected by a town planning scheme?
If the property or private right is affected by any provision contained in the town planning scheme, except for provisions imposing conditions and restrictions in regard to certain matters
Under what circumstances will the Arbitrator direct the owner of a final plot to make payment to the Planning Authority?
If the total amount due to the Planning Authority exceeds the value of the final plot
What is the consequence if the owner of an original plot is not provided with a final plot in the final scheme?
The owner is entitled to obtain compensation in respect of the property or right
What happens if the owner of a final plot fails to make payment within the prescribed period?
The Arbitrator acquires the original plot and apportions the compensation
What is the purpose of section 104?
To provide for compensation to the owner of an original plot if the owner is not provided with a final plot in the final scheme or the contribution to be levied from him is less than the total amount to be deducted therefrom
How will payments due to be made to any person by a Planning Authority under this Act be made?
By an adjustment in the person's account with the Planning Authority
What is the interest rate charged on the net amount payable if the owner elects to pay by instalments?
6 per cent. per annum
How will the net amount payable by an owner of multiple final plots be distributed?
In proportion to the increment estimated to accrue in respect of each final plot
What is the power of the Planning Authority under section 108 of the Act?
To make an agreement with any person
Under what condition can a Planning Authority make an agreement with any person?
Subject to the power of the State Government to modify or disallow
What happens to the payment made by the Planning Authority on account of the value of the original plot?
It is not included in the costs of the scheme
What is the consequence of the owner failing to elect the option of paying the net amount by instalments or in one sum?
The owner is deemed to have elected the option of paying by instalments
What is the time frame within which the owner must elect the option of paying the net amount?
Before the date specified in the notice
Study Notes
Making of Town Planning Schemes
- A Planning Authority can prepare one or more town planning schemes for an area within its jurisdiction.
- The scheme can make provisions for various matters, including:
- Laying out or re-laying out of land
- Filling up or reclamation of low-lying areas
- Construction, alteration, and removal of buildings, bridges, and structures
- Allotment or reservation of land for open spaces, gardens, recreation grounds, schools, markets, and more
- Drainage, lighting, water supply, and preservation of historical or natural areas
- The Planning Authority must publish a declaration of intention to make a scheme in the Official Gazette and other prescribed manners.
Draft Scheme
- The Planning Authority must prepare a draft scheme within 9 months from the date of the declaration.
- The draft scheme must contain particulars, including:
- Ownership, area, and tenure of each original plot
- Reservation, acquisition, or allotment of land required under the scheme
- Extent of alteration of original plot boundaries
- Estimate of the total cost of the scheme and the net cost to be borne by the Planning Authority
- Full description of the scheme, including matters referred to in clause (b) of section 59
- The draft scheme can be modified by the Planning Authority or the officer appointed under section 63.
Contents of Draft Scheme
- The draft scheme must include:
- Size and shape of every reconstituted plot to render it suitable for building purposes
- Proposals for forming a final plot by reconstitution of an original plot
- Transfer of ownership of an original plot from one person to another
- Compensation for discontinuance of use of buildings or areas
Objections to Draft Scheme
- Any person affected by the scheme can communicate objections in writing within 30 days from the date of publication of the notice.
- The Planning Authority or the officer appointed under section 63 must consider the objections and may modify the scheme accordingly.
Sanction of Draft Scheme
- The Planning Authority or the officer must submit the draft scheme to the State Government for sanction within 3 months from the date of publication of the notice.
- The State Government may sanction the scheme with or without modifications and subject to conditions.
- The sanctioned draft scheme shall vest absolutely in the Appropriate Authority free from all encumbrances.
Effect of Sanction of Draft Scheme
- The sanctioned draft scheme shall be open to the inspection of the public.
- Copies of the scheme or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.
Restrictions on Use and Development of Land
- No person shall institute or change the use of any land or building or carry out any development within the area included in the scheme unless permission is obtained from the Planning Authority.
- The Planning Authority may direct any person to stop any development in progress and remove, pull down, or alter any building or other development.
Miscellaneous
- The provisions of Chapter IV shall, mutatis mutandis apply in relation to the development and use of land included in a town planning scheme.
- The restrictions imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the final scheme, or in the event of the withdrawal of the scheme under section 87, or in the event of the declaration lapsing under sub-section (2) of section 61.
The Arbitrator and the Tribunal of Appeal
- The State Government appoints an Arbitrator with sufficient establishment to subdivide a town planning scheme into a preliminary scheme and a final scheme.
- The Arbitrator's duties include:
- Defining, demarcating, and deciding areas allotted to or reserved for public purposes or the Planning Authority.
- Deciding on the person or persons to whom a final plot is to be allotted and when.
- Providing for the transfer of rights in an original plot to a final plot.
- Determining the period within which the works provided in the scheme shall be completed.
- The Arbitrator submits the preliminary and final schemes to the State Government for sanction.
The Tribunal of Appeal
- The Tribunal of Appeal consists of a President and two Assessors.
- The President is appointed by the State Government, and the Assessors are appointed by the President.
- The Tribunal of Appeal decides on appeals made against the Arbitrator's decisions on certain matters, such as:
- Estimation of compensation payable under section 66.
- Calculation of the proportion of increment in respect of final plots.
- Estimation of the value of final plots and the increment to accrue.
- The Tribunal of Appeal's decisions are final and binding on all parties.
Powers and Functions of the Arbitrator and Tribunal of Appeal
- The Arbitrator has the power to make variations in the draft scheme, and the Tribunal of Appeal has the power to confirm, vary, or modify the Arbitrator's proposals.
- The Arbitrator assists the Tribunal of Appeal in an advisory capacity.
- The Tribunal of Appeal may sit at the headquarters of the President or at any other place within the local limits of the President's jurisdiction.
Remuneration and Expenses
- The President and Assessors are entitled to remuneration, either by way of monthly salary or fees, as decided by the State Government.
- The salary of the President and Assessors, and fees payable to the Arbitrator, are defrayed out of the funds of the Planning Authority and added to the cost of the scheme.
Possession of Land in Advance of Town Planning Scheme
- The Planning Authority can make an application to the State Government to vest in it the land shown in the draft scheme for a public purpose.
- The State Government may direct the Arbitrator to take possession of the land, and the Arbitrator shall give notice to the person interested in the land to deliver possession within a specified period.
- If possession is not delivered, the Arbitrator shall take possession of the land and hand it over to the Planning Authority.
Miscellaneous Provisions
- The Tribunal of Appeal is not a Court.
- The Arbitrator's decisions under certain clauses are final and binding on the parties.
- The State Government may sanction the preliminary scheme or the final scheme, and may make modifications to the scheme.
- The scheme comes into force on the date specified in the notification, and all liabilities created by the scheme shall come into force on that date.
Enforcement of Schemes
- After a preliminary scheme comes into force, the Planning Authority may evict persons occupying land not entitled to them and take possession of the land.
- If opposed or impeded, the Commissioner of Police or District Magistrate will enforce the eviction and deliver possession of the land to the Planning Authority.
Removal of Unauthorized Constructions
- The Planning Authority may remove, pull down, or alter buildings or works that contravene the scheme or were erected without complying with the scheme's provisions.
- The Authority may execute work that is the duty of any person to execute under the scheme if delay would prejudice the scheme's operation.
- Expenses incurred by the Planning Authority may be recovered from the person in default or the original plot owner.
Variation of Schemes
- The Planning Authority may apply to the State Government to vary a scheme due to error, irregularity, or informality.
- The State Government may authorize the Planning Authority to prepare a draft variation, which will be published and open to public inspection.
- Objections to the variation may be communicated in writing to the State Government, which will consider them and may sanction the variation with or without modifications.
Joint Development Plans and Schemes
- The State Government may constitute a Special Planning Authority to make a joint development plan or joint town planning scheme for contiguous areas.
- The Special Planning Authority will have the powers and duties of a Planning Authority and will make a declaration of intention to make a joint development plan or scheme.
- The joint development plan or scheme will specify the parts to be executed by each Planning Authority, and each part will have effect in the respective area.
Finance of Schemes
- The cost of a town planning scheme includes sums payable by the Planning Authority, sums spent or estimated to be spent during implementation, and compensation for land reserved or allotted for public purposes.
- The cost of the scheme will be met wholly or in part by contributions levied on each final plot in proportion to the increment estimated to accrue in respect of the plot.
- The owner of each final plot is primarily liable for the payment of the contribution leviable in respect of the plot.
Compensation for Injurious Affection
- The owner of a property or right affected by a town planning scheme can claim compensation from the Planning Authority or a benefited person within 60 days of receiving the notice from the Arbitrator.
- No compensation is payable if the injury is due to provisions in the town planning scheme that impose conditions and restrictions to secure the area's amenity.
- The owner of an original plot who is not provided with a final plot or whose contribution is less than the deducted amount can receive the net amount of loss in cash or by agreement.
Payment and Acquisition
- If the total amount due to the Planning Authority from a final plot owner exceeds the plot's value, the Arbitrator can direct the owner to pay the excess amount.
- If the owner fails to pay, the Arbitrator can acquire the original plot and apportion the compensation among the owner and interested parties.
- The Planning Authority can make payments to owners by adjusting their accounts or in cash/by agreement.
Instalment Payments
- A contributor can opt to pay the net amount in one sum or annual instalments not exceeding 10 years, with 6% interest per annum.
- If the owner fails to elect, they will be deemed to have opted for instalments, and interest will be calculated from the specified date.
- If the owner elects to pay in one sum but fails to do so, interest will be payable from the specified date.
Miscellaneous Provisions
- A Planning Authority can make agreements with individuals regarding town planning schemes, subject to State Government modification or disallowance.
- Any sum due to the Planning Authority is a first charge on the plot, subject to prior payment of land revenue.
- Unpaid sums can be recovered by the Planning Authority as if they were arrears of land revenue.
- A tribunal can decide disputes regarding sums due to the Planning Authority, and its decision is final.
Surplus Funds and Scheme Completion
- After completing a scheme, any surplus funds will be spent on providing further amenities within the scheme area.
- A Planning Authority must complete all scheme works within the prescribed period or extended period, failing which the State Government can intervene.
Penalty for Destroying Boundary Marks
- Whoever destroys or injures a boundary stone or mark without lawful authority can be ordered to pay a fine, not exceeding 20 rupees, to defray the cost of restoring the mark.
Learn about the preparation and provisions of town planning schemes by a Planning Authority, including land layout, construction, and allotment of land for various purposes.
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