Section 45
Matters that may be dealt within a Detailed Town Planning Scheme.—(1) A Detailed Town Planning Scheme may contain detailed proposals, including but not limited to the following matters, namely:—
45. Matters that may be dealt within a Detailed Town Planning Scheme.—(1) A Detailed Town Planning Scheme may contain detailed proposals, including but not limited to the following matters, namely:—
(a) establishment of new development centres;
(b) establishment of commercial centres, including specialised markets, wholesale and retail trade centres;
(c) establishment of tourist centres and tourism related infrastructure;
(d) establishment of industries, industrial estates, factories, service industries etc.;
(e) development and landscaping of open spaces, recreational grounds, parks, zoological and botanical gardens and social forestry;
(f) conservation of ecologically sensitive areas;
(g) protection of environmentally sensitive areas;
(h) conservation of heritage sites and buildings, objects of historical importance or natural beauty and of buildings actually used for religious purposes;
(i) proposals for natural hazard prone areas;
(j) control of air and water pollution;
(k) housing schemes for different income groups including housing for economically weaker sections of the society, infirmaries, destitutes, women and children in distress, disabled, physically challenged, senior citizens etc.;
(l) redevelopment and renewal of blighted areas;
(m) resettlement, rehabilitation and upgradation of slum areas;
(n) provision of health care, religious, cultural and educational facilities;
(o) provision of water supply and electricity;
(p) provision of sanitary arrangements including construction of drains and public conveniences etc., disposal of sewage, solid waste;
(q) construction, reconstruction, alteration, improvement and maintenance of public roads and streets, bridges, pedestrian facilities, safe path for the cycle-riding, parking facilities, transport terminals including bus depots, bus bays, bus stops, street lighting and avenue plantation, improvement of road junctions;
(r) provision of public transportation including mass transportation;
(s) provision of communication facilities;
(t) informal sectors; (u) provision of burial and cremation grounds, and slaughter houses; (v) demolition of buildings or portions of building causing obstructs development and developmental activities, closure or demolition of dwellings and portions of dwellings unfit for human habitation; (w) acquisition of land by purchase, lease or otherwise and erection thereon of such buildings or carrying out such operations as may be necessary for the purposes of its functions; and (x) such other matters not inconsistent with the objects of this Act, as may be considered necessary. (2) Every Detailed Town Planning Scheme shall contain details, as far as may be applicable, in respect of,— (a) land assembly over which the Detailed Town Planning Scheme is to be implemented; (b) layout plan and other relevant drawings and details including, if necessary, the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the number, and character of buildings allowed in specified areas, the purposes for which buildings or specified areas may or may not be appropriated, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, floor area ratio, coverage, height, parking space, the size of projections and advertisement signs and hoardings; (c) total estimated cost, source of funding, cost recovery statement, if any; (d) manner of disposal of assets, if any; (e) management and maintenance mechanism; and (f) any other matters as may be considered necessary for ensuring planned development. 46. Procedure for preparation, publication and sanctioning of Detailed Town Planning Scheme.—(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or 1 [get prepared or adopt with or without modifications] a Detailed Town Planning Scheme and shall notify the intention of the same, in the Official Gazette and in at least one newspaper having wide circulation in the prescribed manner and such notification shall state the boundaries of the planning area and the purpose for which such Plan is intended to be prepared.
(2) Every Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, in consultation with the 1 [Local Self Government Department (Planning)] of the Government having jurisdiction over the area and other Government Departments and agencies, prepare or get prepared 2 [or adopt with or without modifications] a draft Detailed Town Planning Scheme for the planning area within two years from the date of notification in the Official Gazette of the intention to prepare the Plan under sub-section (1), after reviewing Plans, if any, prepared earlier, duly approve such plan through resolution of the Council, and publish the draft Detailed Town Planning Scheme in the website 3 [of the Local Self Government Institution] and the notice of publication in the Official Gazette and in at least two newspapers having wide circulation in the local planning area, of which one must be in the regional language, specifying the place or places where a copy of the same is available for inspection and also inviting objections and suggestions to be submitted within sixty days from the date of publication of the notice in the Official Gazette. (3) Immediately after a Detailed Town Planning Scheme is published under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall forward a copy of the published Detailed Town Planning Scheme to the District Planning Committee and Metropolitan Planning Committee, if any, and the District Planning Committee or the Metropolitan Planning Committee may, as far as possible, within sixty days from the date of the receipt of such Detailed Town Planning Scheme furnish their remarks, if any, on such Detailed Town Planning Scheme to Government. (4) After the expiry of the period allowed under sub-section (2) for filing objections and suggestions, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall consider all the objections and suggestions received and shall after allowing a reasonable opportunity of being heard, to any person who has made a request for being so heard, make such modifications in the Detailed Town Planning Scheme as it considers proper, as far as possible, within a period of sixty days from the time limit prescribed for receiving objections and suggestions under sub-section (2) and shall submit the Detailed Town Planning Scheme with or without modifications, together with all objections and suggestions in original, for sanction of the Government 4 [through the Chief Town Planner].
Roop's Law Assist