HPMC Act 205Chapter XI · Bye-Laws

Section 205 · Building scheme

(1)

The municipality may and if so required by the Deputy Commissioner shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for un-built areas, which may among other things provide for the following matters, namely -

(a)

the restriction of the erection or re-erection of buildings or any class of buildings in the whole of or any part of the municipal area 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 amount of land in such inbuilt area which shall be transferred to the municipality for public purposes including use as public streets by owners of land either on payment of compensation or otherwise, provided that the total amount so transferred shall not exceed forty per centum, and the amount transferred without payment shall not exceed twenty five per centum, of any one owner's land within such inbuilt 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 re-constituted 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 the 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 plantations 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 municipality 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 sub- section (1), the municipality shall give public notice of such schemes 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 municipality in writing any objection or suggestion with regard to such scheme which he may wish to make.

(3)

The municipality 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 Deputy Commissioner, who may, if he thinks fit, return to the municipality for reconsideration and resubmission by a specified date; and the Deputy Commissioner shall submit the plans as forwarded, or as re-submitted, as the case may be, with his opinion to the State Government, who may sanction such scheme or may refuse to sanction it or may return it to the municipality for reconsideration and re-submission by a specified date.

(4)

If a municipality 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-submits a scheme which is not approved by the State Government, the Deputy Commissioner may draw up a scheme of which public notice shall be given by notification and by publication within the municipal area together with an intimation of the date by which any person may submit in writing to the Deputy Commissioner any objection or suggestion which he may wish to make, and the Deputy Commissioner shall forward with his opinion any such objection or suggestion to the State Government, and the State Government may sanction such scheme as originally notified or modified in consequence of any such objection or suggestion, as the State Government may think fit, and the cost of such scheme or such portion of the cost as the State Government may deem fit, shall be defrayed from the municipal fund.

(5)

When sanctioning a scheme the State Government may impose conditions for the submission of periodical reports on the progress of the scheme to the Deputy Commissioner or to the State Government, and for the inspection and supervision of the scheme by the State Government.

(6)

After the scheme has been sanctioned, the municipality 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.

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