Section 19
. t·"l'C!f1,:i·11. :ion of Zone.I Develo , ome:n '' Plan. -{1) Simultaneously with tile ;XGparai ion of the Master plan or as soon thereafter . as may be , the Authority sha!! proceed wi'.h the preparation of Zonal Development Plan for each of thA zones mto which the development meas may be divided ,
19 . t·"l'C!f1,:i·11. :ion of Zone.I Develo , ome:n '' Plan. -{1) Simultaneously with tile ;XGparai ion of the Master plan or as soon thereafter . as may be , the Authority sha!! proceed wi'.h the preparation of Zonal Development Plan for each of thA zones mto which the development meas may be divided ,
A Zonal Development Plan may -
(a) contain a site plan and land use plan for !he development ot ihe zone and show the approximate
hi locations and extents of land uses proposed in the zones for such pp
1hings a public building and other public works and utilities. roads, housina, recreation , industry, business, markets, schools , hospitals public and private open space and other categories of publir.: and private uses:
(b) specify the standards of population. density and building density and other norms if required;
(c) show every area in the zone which may , in the opinion of !he Authority , co required for development or re-development ; arid
(di in particular , contain provisions regarding a!I or any of the following matters , namely : -
(i) t:1e division of any sits into plots for the erection of buildinqs:
(ii) tho allotment or reservation of lands or 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
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(iv) the erection of bdldings on any site and '!he restrictions , nd wnd1 tions in ··ega~d to the open spaces to be rn, 1in1ained in or c. our« buildings and height and character of buildinqs,
(v) the alignmant 91 buildings on any site ,
(vO the architectural teaturss of the elevation or frontago of 21nv bui . d Ing to be srocted on any site ;
(vii) the number of residential buildings which may be erected on cii1) piot or slts:
(viii) 'lhe amenities to be provided in relation to any site or buiidings c-, such site whether before or after the creation of building and 'ih, person or ir.stitutio:i by whom or at whose expenco such ameni!ie: are to be provided ;
(ix) the prohibitions or restrictions regarding erection of shops work shops, warehouses or factories or buildings designed for particula purposes in the locality ;
(le) the maintenance of walls , fences, hedges or an}' other structura constructions and .the height at w:1ich they shall be maintained ·
{}d) the resjrictions regarding the use of any site for purposes othe tharerection of building ; and
()cii) any other matter which is necessary for the proper development a the zone or any area thereof according to plan and for preventinc buildings being erected hap~azardly in such zone or area .
. 20 . Su[cimtssior , ot ' plan to the S ~ ate Govemme111i for apprrovr.:il.-(i) Ir this. Chapter tho word "Plan", includes the Regional Plan , the Master P:ao1 anc the Zonal Development Plan .
Ever)' plan shall, as soon as may be after its preparation be submiUt:e by the Authority to ~ he State Government for approval arid tho Stale Govem ment may ei~:,e, approve the plari without modifications or with such modi ica , tions as ii may consider necessary , · or · reject the plan
. ?1 . Prrocsd!i.U".: to be followed in pre1Paring and :iippro,,ing the') [.Ol.?J11.-(·1; Before preparing any ' pian finally and · submitting ii to the . State Government fo: approval the Authority shall prepare a draft Plan and publish ii by making a copy thP.reof available for inspection , and publishing a notice in such form and man ner as may be prescribed by rules made in this behal' inviting objections anc suggqstions from any person with respect to the draft plan before such date a~ may be specified in the notice , not . being earlier than tour months fro1 , fie publication of the notice .
The author'ty shall after giv.ing adequate opportunity to the concernsc persons of being · ieard and after considering the suggestions, objections and representations , ii any, modify tho draft plan. if necessary, and submit it to Jn " State Government for approval. ·
Puhlicaiion oU Pf.~n :iind date o1 its operntion . -lmmediately ofter ihf? Regional Plan is approved b)! the State Government , the Slate Government sha] publish in such manner as may be prescribed by rules , a notice stating that the Regional Plan has been approved , and naming a· place where a copy ot the n,. "'' ,.......," h.P ' f'\!".OP.cted at al! reasonable hours, and shail specify hereir a date
[ Sec
?3
{not being ocrlier than 3bcty days from the date of the publicallon of such notice) on which the Regional Plan shell come into operation .
::_:::". f-':r-,,sMci:io11 on cl":,afga of' use of- l~nd or clevi::lopm0ni thereof . -(1) No person shall on or after the publicaiion of a draft Plan instituie , ·or charge the US'."! of any land covered b;1 the Plan io · qny purpose other than agriculture, or carry out any development in respect of any such land wi:hou! the previous per. mission in writing of the authority.
(2) Notwithslanding anything contained in any law for the tim ~ bP.ing 111 force, the permission referred lo in suo-sectlon (t) shall !'10! be granted 0111ervv1sE: !hz.n in conformity with the provisions of the Plan .
Commen'm & cas..:-1.mw
[Reservation for persons whose land was acquired by , the authorities ror constructions of !he houses, being allotted 10· applicants by the Authority , ap pears to ' be. based on sound principles . I L. Dhingra vs. State of U. P. , (1987) 2 sec 533 .
Sub-sectiofl (2) or section 23 provides for non-obstente ck-:-. use, as a result whereor notwithstanding anything contained in any law for ~he time being in force , any permission tor use ot any land in terms of sub-section (1) thereof . cannot be granted otherwise than in conlirmity with the provisions . o;' tho Master Pian . Doman Paswan vs. §tate of Bihar, · ; 988 PLJR 968.
The Draft Nlaster Piao in respect of Patna which siill survives can only be alierec' or amended in accordance with ih0. orovisions of section 2·4 of the Bihar Regional Development Authority Act. The- schemes framed under the .Bihar Town Pl;.:;nning and Improvement Trust Act should be deemed to have been framed under :he tl. R: D . Act 1974. The areas. shown in the Master Plan as " Green Beii" area cannot bo utilizeo for other purposes. ibid.
P1 person going to be affected by order of removal · of encroachr-ient must be asked to oroouco his .;ight , title and interest over trie area, which should be measured by the Governmeni " Amin" and areas not covered by the documents produced by the alleged encroacher alone should be cleared of thfl encroachment A'ifec(bd party may also have his own "Amin " . This procedure-is applica;:>le in cases ot roadside encroacnrnents and not for deciding inter-se disputes bern1eon ·:wo private claimants . Kelem vs. State of Biha , ~ 1989 PLJ8 264.
1a'lsmtr,,r Pl.!!n.-Development Authority sliould not seek to charge user of land . from " C~y forest " or "Green area" in the Master Plan· and tum it into resi -dential" or commercial area . Supreme Court directing Development Authority in 1he interest oi environment control to maintain the area in -quostion as Chy forest area as shown in Master Plan. M. L Sud vs . Union of India, 1992 Supp (2) sec 123 .
, Once the Draft Master Plan has been published , the provisions of section 23· r:ct onlv provide restrictions oh the right of concerned land-holders about user ::il' land but also puts restrictions on the power of the Development Authority itseh to sanction a building plan which is not in conformity with the Draft Master Plan. No land can be permitted to . be used for purpose other than that shown in the Master Plan . Srikrishnapuri Boring Road Vy.apari Sangh vs . State of Bihar, "1995 fl~ f~ P . J:=l 413 .
~-.... u, na. a..,. ..... , ,:.in~ ----i\loticc to tenants. in possession not given. n. -\vhere the · ' · i: --·:fl,.. .., tinn nf ih~
Town Planning Scheme in the official Ga«:ette . ' such persons wiil be enti fed re being provided with Suitable accommodation on rent i , suitable locality consid ering the nature their requirement both residential ·an-.. fo , , usiness purposes Mansukh/a! Jac/avji vs . Ahm _ edabacl Municipal Cotporatkn, A1R . 1982 SC 152.
De\leloroment Au~horHv. -Arbitrary enhancement of costs of housing al time of delivery of housing unit to the Allqttee by the Development .Autho,ity is open to inlcrference by Courts.-. The Development Authority is obliged to e;cplain the reasons !or ' disproportionatc enhancement of cost at the limo of deiivc,)l tc the court . However , where the explanation by the Authorily for tho enhancement of cost is tounc to be reasonable, the Supreme Gour -may refuse to interfere, Indore Dove/opment Authority vs . Smt. Sadhna Agrawal, l, · 1995 (1) All PU · I . (SCj iOS . (-1995) 3 sec 1.
P21auing !PIOCG fo, vehic!es.--A Mwnicipal Authority is under · no obiiga,ion to provide :and for being used
or as parv..ing place. Courts car ai the most direct Authority to consider g p
need or persons seeking a parking place in a part . cutar area. Corporation of the City of Bang/ore vs . Fuel Lorry Owner a. /Vierch,:mts Association , AIR 1994 SC 487 . ·
I-lousing .an~ .tmprovement Scher.1es . -"Approval" and "Permission " . Ordinariiy the difference between the expressions "approval and "permission" is U,a1 in the former case the action taken in anticipation of " approval" holds good until it is "disapproved". wh:fe in ihe latter case it does not become effective unH: ih'.3 "permlsslon is obtained' from the concerned Government. However , perrrussion subsequently granted may vahdate the previous action. U. P Avas am i/ik, k, w Parisad vs. Friends Co-oporatlve Housing Society Ltd. (1995) Suppi.. (3) sec 456.]
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Comrnsnts llt case -law
[In view of section 30 of the Bihar Housing Board . Act . 1982 lhe decision o , the State Government is to be regarded as final in regard to any dispute relating to the Master Plan of , 952 . Section 24 gives the authority under the Act , h~ right to alter the plan ror any area . Srnt. Krishna S.ingh vs . State of Biha1; 1985 PLJR (NOC) 37. ·
· A total stranger cannot be pormitted to challenge the layout of 2 Co-cpo.ative Housing Society, ibid.
Validity of allotment of land to 'Co-operative Housing Society canno , be assailed again bcrore the High· Court when the High Courl has already L!ph,3lcl the allotment of that land to the Society in an earlier judgment. ibtd.
In view of the provisions in section . 17 . the Master Plan tor Patna is still operational. The Supreme Court , therefore, set aside the order o1 the Pa!na High
Court .3flCl remanded back the matter wtlh certain directions , Smt Krishna. Singh vs. Sfaio of B1ha1; 98b 0 LJR (SC) 8
S·ip,·,;,u;:.i Gi:.ui'i's direction siftiar r·~m.and.---disput€d question of fact-in order io gei the physical situation clarified, the High Court gave di:·ections fo; constitwing a committee of technical experts as per iis directions , ind for tho im plemoatatlon or the recommendations of this committee hy the P . R D A Smt. :Cd;;f;na 8ingh vs . Stale of Bihar, 1986 PLJR i 063 .
M2st'er Plan for Patna is operational and has noi lost its force after the ei'.piry of tho period filwd by the Government . Section 17 provides that the Master Plan would be deemed to bo in :-,>:istence till another Mnster Plan fs prepared or the present one is altered or modified. ibid.
Procedures for the formulation of a Mastm Pla11 ar.d its subsequent atterat'on and amendments have been laid down in sections 17 to ?4 . Any maps not a:::,pearin9 to be! prepared in accordance wilf1 law cannot be described as amended form of Mnster Plan or an arnondrnont to the Master Ptan. ibio'.]
~ & Da:t·~ or cporatlon o·? MastGr and Zonal Da'l:lelol')m-ant l?lan.-Jrn;nooiatoly nfier "l Master/Zona, Development Plan has been finalised, the Authority sha!I puolis , rt in such manner as may be prescribed by regulations slating therein the date of ns coming into operation.
CHAPlrEH "'JI
ACQUISITION Al'.JD DISPOSAL OF LAND .