(1) The Corporation may, and if so required by
the Government shall, within six months of the date of such requisition, draw
up a building scheme/Master Plan for built areas, and a town planning scheme/
Master Plan for unbuilt areas, which may among other things provide for the
following matters, namely :––
(a) the restriction on the erection or re-erection of buildings or any class of buildings in the whole or any part of the city, and of the use to which they may be put ;
(b) the prescription of a building line on either side or both sides of any street existing or proposed ;
(c) the area of land in such unbuilt area which shall be transferred to the Corporation for public purposes including use as public streets by owners of land either on payment of compensation or otherwise ; provided that the total area so transferred shall not exceed thirtyfive per cent and the area transferred without payment shall not exceed twenty-five per cent of any one owner’s land within such unbuilt area ;
(d) the determination of the size and shape of a reconstituted plot so as to render it suitable for building purposes and where the plot is already built upon, to ensure that the building, so far as possible, complies with the provisions of the scheme in respect of open spaces ;
(e) the formation of a reconstituted plot by the alteration of the boundaries of an original plot ;
(f) the formation of a reconstituted plot by the transfer wholly or partly of the adjoining lands ;
(g) the allotment of a plot to any owner dispossessed of land in furtherance of the scheme ;
(h) the transfer of ownership of a plot from one person to another ; and
(i) the details of the internal services, estimated cost for providing them, the extent of the liability of the owners of buildings and lands for the payment of the cost and the manner of payment of the same.
Explanation :––For the purposes of this section––
(1) the “reconstituted plot” shall mean a plot which is altered in ownership or otherwise, as a result of making of a town planning scheme ;
(2) “internal services” shall mean :––
(i) metalling of roads and paving of footpaths ;
(ii) turfing and plantation with trees of open spaces ;
(iii) street lighting ;
(iv) adequate and wholesome water supply ;
(v) sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal ; and
(vi) any other works that the Corporation may think necessary for the development of the area comprised in the scheme.
(2) When a scheme has been drawn up under the provisions of subsection (1) the Corporation shall give public notice of such scheme and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the Corporation in writing any objection or suggestion with regard to such scheme which he may wish to make.
(3) The Corporation shall consider every objection or suggestion with regard to the scheme which may be received by the date intimated under the provisions of sub-section (2) and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up or as modified to the Government which may sanction such scheme or may refuse to sanction it, or may return it to the Corporation for reconsideration and re-submission by a specified date.
(4) If a Corporation fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to re-submit a scheme by a specified date, when required to do so under sub-section (3) or re-submit a scheme which is not approved by the Government, the Government may draw up a scheme of which public notice shall be given by notification and by publication within the city together with an intimation of the date by which any person may submit in writing to the Government any objection or suggestion which he may wish to make and the Government may sanction such scheme as originally notified or modified in consequence of any such objections or suggestions as the Government may think fit, and the cost of such scheme or such portion of the cost as the Government may deem fit shall be defrayed from the Corporation Fund.
(5) While sanctioning a scheme the Government may impose condition for the submission of periodical reports to it on the progress of the scheme and for the inspection and supervision of the scheme.
(6) After the scheme has been sanctioned, the Corporation shall proceed to provide internal services as soon as possible and complete it within a period of five years from the date of its sanction.
(7) If under the provisions of any scheme sanctioned under the preceding sub-sections the erection or re-erection of building in a specified area for a specified purpose is prohibited, any person who after such scheme is sanctioned, uses any building for such purpose shall, unless it was used for this purpose before the scheme was sanctioned, on conviction be liable to fine which may extend to five thousand rupees, and if after such conviction he continues to use such building for such purpose shall be liable to fine which may extend to one hundred rupees for every day during which such use continues.
(8) For the purpose of drawing up a building scheme for built up areas and a town planning scheme for unbuilt up areas, the Corporation may, and if so required by the Government shall, cause the geological survey of the municipal area conducted by such persons and in such manner as may be prescribed.
Explanation :–– For the purpose of this section––
(i) “built area” is that portion of a municipal area of which the greater part has been developed as a business or residential area ; and
(ii) “unbuilt area” is an area within the local limits of a municipal area which is declared as such at a special meeting of the Corporation by a resolution confirmed by the Government, or which is notified as such by the Government.
(a) the restriction on the erection or re-erection of buildings or any class of buildings in the whole or any part of the city, and of the use to which they may be put ;
(b) the prescription of a building line on either side or both sides of any street existing or proposed ;
(c) the area of land in such unbuilt area which shall be transferred to the Corporation for public purposes including use as public streets by owners of land either on payment of compensation or otherwise ; provided that the total area so transferred shall not exceed thirtyfive per cent and the area transferred without payment shall not exceed twenty-five per cent of any one owner’s land within such unbuilt area ;
(d) the determination of the size and shape of a reconstituted plot so as to render it suitable for building purposes and where the plot is already built upon, to ensure that the building, so far as possible, complies with the provisions of the scheme in respect of open spaces ;
(e) the formation of a reconstituted plot by the alteration of the boundaries of an original plot ;
(f) the formation of a reconstituted plot by the transfer wholly or partly of the adjoining lands ;
(g) the allotment of a plot to any owner dispossessed of land in furtherance of the scheme ;
(h) the transfer of ownership of a plot from one person to another ; and
(i) the details of the internal services, estimated cost for providing them, the extent of the liability of the owners of buildings and lands for the payment of the cost and the manner of payment of the same.
Explanation :––For the purposes of this section––
(1) the “reconstituted plot” shall mean a plot which is altered in ownership or otherwise, as a result of making of a town planning scheme ;
(2) “internal services” shall mean :––
(i) metalling of roads and paving of footpaths ;
(ii) turfing and plantation with trees of open spaces ;
(iii) street lighting ;
(iv) adequate and wholesome water supply ;
(v) sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal ; and
(vi) any other works that the Corporation may think necessary for the development of the area comprised in the scheme.
(2) When a scheme has been drawn up under the provisions of subsection (1) the Corporation shall give public notice of such scheme and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the Corporation in writing any objection or suggestion with regard to such scheme which he may wish to make.
(3) The Corporation shall consider every objection or suggestion with regard to the scheme which may be received by the date intimated under the provisions of sub-section (2) and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up or as modified to the Government which may sanction such scheme or may refuse to sanction it, or may return it to the Corporation for reconsideration and re-submission by a specified date.
(4) If a Corporation fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to re-submit a scheme by a specified date, when required to do so under sub-section (3) or re-submit a scheme which is not approved by the Government, the Government may draw up a scheme of which public notice shall be given by notification and by publication within the city together with an intimation of the date by which any person may submit in writing to the Government any objection or suggestion which he may wish to make and the Government may sanction such scheme as originally notified or modified in consequence of any such objections or suggestions as the Government may think fit, and the cost of such scheme or such portion of the cost as the Government may deem fit shall be defrayed from the Corporation Fund.
(5) While sanctioning a scheme the Government may impose condition for the submission of periodical reports to it on the progress of the scheme and for the inspection and supervision of the scheme.
(6) After the scheme has been sanctioned, the Corporation shall proceed to provide internal services as soon as possible and complete it within a period of five years from the date of its sanction.
(7) If under the provisions of any scheme sanctioned under the preceding sub-sections the erection or re-erection of building in a specified area for a specified purpose is prohibited, any person who after such scheme is sanctioned, uses any building for such purpose shall, unless it was used for this purpose before the scheme was sanctioned, on conviction be liable to fine which may extend to five thousand rupees, and if after such conviction he continues to use such building for such purpose shall be liable to fine which may extend to one hundred rupees for every day during which such use continues.
(8) For the purpose of drawing up a building scheme for built up areas and a town planning scheme for unbuilt up areas, the Corporation may, and if so required by the Government shall, cause the geological survey of the municipal area conducted by such persons and in such manner as may be prescribed.
Explanation :–– For the purpose of this section––
(i) “built area” is that portion of a municipal area of which the greater part has been developed as a business or residential area ; and
(ii) “unbuilt area” is an area within the local limits of a municipal area which is declared as such at a special meeting of the Corporation by a resolution confirmed by the Government, or which is notified as such by the Government.