State Act

The Himachal Pradesh Town and Country Planning Act, 1977

52. Preparation of town development scheme.-(1) The Town and Country Development Authority may, at any time, declare its intention to prepare a town development scheme. (2) Not later than thirty days from the date of such declaration or intention to make a scheme, the Town and Country Development Authority shall publish the declaration in the Official Gazette and in such other manner as may be prescribed. (3) Not later than two years from the date of publication of the declaration under sub-section (2), the Town and Country Development Authority shall prepare a town development scheme in draft form and publish it in such form and manner as may be prescribed together with a notice inviting objections and suggestions from any person with respect to the said draft development scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice. (4) The Town and Country Development Authority shall consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (3) and shall, after giving a reasonable opportunity to such persons affected thereby as are desirous of being heard, or after considering the report of the committee constituted under sub-section (5), approve the draft scheme as published or make such modifications therein as it may deem fit. (5) Where the town development scheme relates to reconstitution of plots, the Town and Country Development Authority shall, not withstanding anything contained in sub-section (4), constitute a committee consisting of 1[the Chief Administrator] of the said authority and two other members of whom one shall be representative of the Himachal Pradesh Housing Board and the other shall be an officer of the Public Works Department not below the rank of an Executive Engineer nominated by the Chief Engineer, Public Works Department for the purpose of hearing objections and suggestions received under sub-section (3). (6) The Committee constituted under sub-section (5) shall consider the objections and suggestions and give hearing to such persons as are desirous of being heard and shall submit its report to the Town and Country Development Authority within such time as it may fix along with proposals to- (i) define and demarcate the areas allotted to or reserved for public purposes; (ii) demarcate the reconstituted plots; (iii) evaluate the value of the original and the constituted plots; (iv) determine whether the areas reserved for public purpose are wholly or partially beneficial to the residents within the area of the scheme; (v) estimate and apportion the compensation to or contribution from the beneficiaries of the scheme on account of the reconstitution of the plot and reservation of portions for public purpose; (vi) evaluate the increment in value of each reconstituted plot and assess the development contribution leviable on the plot holder: Provided that the contribution shall not exceed half the accrued increment in value; (vii) evaluate the reduction in value of any reconstituted plot and assess the amount payable therefor. (7) Immediately after the town development scheme is approved under sub-section (4) with or without modifications, the Town and Country Development Authority shall publish in the Official Gazette and in such other manner, as may be prescribed, a final town development scheme and specify the date on which it shall come into operation.