Full Text
REGISTERED NO. DL-(N)04/0007/2003-26
The Gazette of India
CG-DL-E-29072026-274899
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 23] NEW DELHI, TUESDAY, JULY 28, 2026/SRAVANA 6, 1948 (Saka)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 28th July, 2026/Sravana 6, 1948 (Saka)
THE LAKSHADWEEP TOWN AND COUNTRY PLANNING AND
DEVELOPMENT REGULATION, 2026
No. 8 OF 2026
Promulgated by the President in the Seventy-seventh Year of the Republic of India.
A Regulation to provide for the sustainable, orderly and progressive development
of land, to preserve and improve the amenities thereof, for the grant
of permission to develop land and for other powers of control over the use
of land and development of land for planning, so as to secure good
governance, prevent ecological damage, promote tourism and provide
proper sanitary conditions, and for matters connected therewith or incidental
thereto.
In exercise of the powers conferred by article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by her:—
CHAPTER I
PRELIMINARY
1. (1) This Regulation may be called the Lakshadweep Town and Country Planning and Development Regulation, 2026.
(2) It extends to the whole of the Union territory of Lakshadweep.
(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint.
Short title, extent and commencement.
Definitions.
2. In this Regulation, unless the context otherwise requires,—
(1) "accommodation reservation" means the grant of permission by the Government to the owner of a land, that is required for public amenity specified in Master Plan or Regional Plan by the Planning and Development Authority or local authority, as the case may be, to use the potential of such land in the form of built-up space guided by permissible Floor Area Ratio, in addition to the built-up space required for such amenity, in lieu of payment of compensation for such land and amenity transferred in favour of such authority;
(2) "Administrator" means the Administrator of the Union territory of Lakshadweep appointed by the President under article 239 of the Constitution;
(3) "agriculture" includes—
(i) horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees;
(ii) any kind of cultivation of soil;
(iii) breeding and keeping of livestock including cattle, horses, fish, poultry and bees; and
(iv) the use of land which is ancillary to the farming of land or any other agricultural purposes,
but does not include the use of any land attached to a building for the purposes of garden to be used along with such building; and the expression "agricultural" shall be construed accordingly;
(4) "amenities" include the utilities such as roads, streets, open spaces, parks, recreational grounds, playgrounds, supply of water and electricity, street lighting, sewerage, drainage, public works and other utilities, services and conveniences;
(5) "Board" means the Lakshadweep Planning and Development Board constituted under section 4;
(6) "building operation" includes—
(i) erection or re-erection of a building or any part of it; or
(ii) roofing or re-roofing of a building or any part of a building, or an open space; or
(iii) any material alteration or enlargement of a building; or
(iv) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its security; or
(v) the construction of a door opening on any street or land not belonging to the owner of a building;
(7) "Chief Town Planner" means the Chief Town Planner appointed under section 3;
(8) "commerce” means the carrying on of any trade, business or profession, sale or exchange of goods of any type, and includes the running of—
(i) hospitals or nursing homes exceeding twenty-five beds; and
(ii) hotels, restaurants and boarding houses not attached to educational institutions,
with a view to making profit, and the expression “commercial" shall be construed accordingly;
(9) "commercial use" includes the use of any land or building or part thereof for the purposes of commerce, or for storage of goods, or as an office, whether attached to any industry or otherwise;
(10) "development" with its grammatical variations and cognate expressions, means the carrying out of building operation or engineering operation or other operations in, on, over or under, the land, or the making of any material change in any building or land, or in the use of any building or land, and includes the sub-division of any land;
(11) "engineering operation” includes the formation or the laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage or of electricity cables or lines or of telephone lines;
(12) "Government" means the Union territory Administration of Lakshadweep, headed by the Administrator;
(13) "industrial use" includes the use of any land or building or part thereof for the purposes of any industry;
(14) "industry” includes the carrying on of any manufacturing process as defined in the Occupational Safety, Health and Working Conditions Code, 2020, and the expression “industrial” shall be construed accordingly;
37 of 2020.
(15) "land" includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(16) "land pooling or readjustment" is a technique for managing the planned development of rural or urban lands, whereby a Government agency consolidates a selected group of land parcels and then designs, services and sub-divides them into a layout of streets, open spaces and serviced building plots, with the sale of some of the plots for cost recovery and the distribution of the remaining plots back to the land owners to develop or to sell for development;
(17) "land use" means the major use to which a plot of land is being used on any specified date;
(18) "local authority” means a Gram Panchayat constituted under the Lakshadweep Panchayat Regulation, 2022;
Reg.5 of 2022.
(19) "local newspaper" in relation to any planning area, means any newspaper published or circulated within that area;
(20) "Master Plan” means a Master Plan prepared in accordance with the provisions of Chapter VI;
(21) "notification” means a notification published in the Official Gazette of Lakshadweep and the expression “notify” with its grammatical variation and cognate expressions shall be construed accordingly;
(22) "occupier" includes—
(i) a tenant; or
(ii) an owner in occupation of, or otherwise using his land or building or part thereof; or
(iii) a rent-free occupant of any land or building or part thereof; or
(iv) a licensee in occupation of any land or building or part thereof; or
(v) any person who is liable to pay damages to the owner for the use and occupation of any land or building or part thereof;
(23) "owner", in relation to any property, includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another person, or for any religious or charitable purpose, the rents or profits of such property;
(24) "Planning and Development Authority” means any Planning and Development Authority constituted under section 24;
(25) "planning area" means any area declared to be a planning area under section 22;
(26) "plot" means a continuous portion of land held in single or joint ownership, other than land used, allotted, earmarked or reserved for any street, pathway, public purpose or public utility;
(27) "prescribed" means prescribed by rules made under this Regulation;
(28) "public place” means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any fees or not;
(29) "reconstituted plot" means a plot which is altered either in ownership or in any other manner by a town planning scheme;
(30) "Regional Plan” means a plan prepared for the whole of the Union territory in accordance with the provisions of Chapter III;
(31) "relocation of population", in relation to an area of land which is either eco-fragile area or needs to be conserved for preservation of natural ecosystem, means making available elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other activities in the said area who have to be so accommodated so that the said area may be protected, without prejudice to the right to property;
(32) "residence” includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and out-houses, if any, appertaining to such building and the expression "residential" shall be construed accordingly;
(33) "town planning scheme” means a development or re-development scheme at the sub-city level and includes a design, plan or plans, together with description, if any, relating to such scheme, prepared in accordance with the provisions of Chapter VIII;
(34) "transferable development right" means a right to transfer the potential of a land required for public purpose by the Planning and Development Authority or a local authority, as the case may be, expressed in terms of total permissible built-up area, for utilisation by the owner himself or transfer by him to any other person, from the present location to a specified area, as additional built-up space over and above the permissible limit in that area in lieu of the payment of compensation for such land;
(35) "transferable development right for posterity" means the right to sell, transfer or surrender the development right or potential of land zoned as agricultural land or land in other areas, such as, heritage site, water body, farm land falling under the Coastal Regulation Zone to alternate sites as identified in the Master Plan or Regional Plan; and
(36) "Union territory" means the Union territory of Lakshadweep.
CHAPTER II
CHIEF TOWN PLANNER AND LAKSHADWEEP PLANNING AND DEVELOPMENT BOARD
3. The Administrator shall, by notification, appoint a Chief Town Planner possessing such qualifications in town and country planning, as may be prescribed.
Appointment of Chief Town Planner.
4. (1) The Government shall, by notification, constitute for the Union territory, a Board to be called the Lakshadweep Planning and Development Board.
Constitution of Lakshadweep Planning and Development Board.
(2) The Board shall consist of the following members, namely:-
(a) Administrator of Union territory of Lakshadweep—Chairperson, ex officio;
(b) Advisor to the Administrator—Vice-chairperson, ex officio;
(c) Secretary to the Department of Town and Country Planning—Member, ex officio;
(d) Secretary to the Department of Panchayat—Member, ex officio;
(e) Secretary to the Department of Planning and Statistics—Member, ex officio;
(f) Secretary to the Department of Industry—Member, ex officio;
(g) Secretary, Public Works Department—Member, ex officio;
(h) Secretary, Forests Department—Member, ex officio;
(i) Director, Department of Agriculture—Member, ex officio;
(j) Director, Department of Tourism—Member, ex officio;
(k) Director, Department of Transport—Member, ex officio;
(l) Director, Department of Health Services—Member, ex officio;
(m) Director, Department of Planning and Statistics—Member, ex officio;
(n) Director, Department of Fisheries—Member, ex officio;
(o) one person of the District Panchayat to be elected by the Members thereof—Member;
(p) three officers, not below the rank of Deputy Secretary, to be nominated by the Central Government to represent the Ministry of Defence, the Ministry of Environment, Forests and Climate Change and the Ministry of Housing and Urban Affairs—Members, ex officio;
(q) two experts having special knowledge and practical experience in any field relevant to planning and development to be co-opted by the Members specified in clauses (a) to (p)—Members; and
(r) the Chief Town Planner—Member Secretary, ex officio.
5. The term of office of the Members of the Board referred to in clauses (o) and (q) of sub-section (2) of section 4, the manner of filling casual vacancies among them and the allowances payable to them for attending the meetings of the Board shall be such, as may be prescribed.
Term of office, allowances, etc., of Members of Board.
Resignation by Member.
6. Any Member of the Board referred to in clauses (o) and (q) of sub-section (2) of section 4 may resign his office by giving one month notice in writing to the Government and on such resignation being accepted by the Government, he shall cease to be a Member.
Meetings of Board.
7. The Board shall meet at such times and places as it may think fit and observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
Functions and powers of Board.
8. (1) Subject to the provisions of this Regulation and the rules made thereunder, the functions of the Board shall be to guide and direct the Planning and Development Authorities, to advise the Government in matters relating to the planning, development and use of land in the Union territory, and to perform such other functions as the Government may, from time to time, assign to the Board.
(2) In particular, and without prejudice to the generality of the foregoing provision, the Board may, and shall if required by the Government so to do,—
(a) direct the preparation of Master Plans by the Planning and Development Authorities;
(b) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology;
(c) co-ordinate and advise on the planning and implementation of physical development programmes within the Union territory;
(d) prepare and furnish reports relating to the working of this Regulation;
(e) direct preparation of Regional Plan, Master Plan, town planning schemes and land pooling schemes for green field area and local area plans for redevelopment of brown field areas;
(f) ensure that the economic vision exercise is undertaken at the Regional Plan level and at the Master Plan level;
(g) ensure that the economic visioning and Regional Plan are consistent with one another and compatible in terms of time and planning horizon;
(h) ensure spatial budgeting on a Geographic Information System (GIS) platform is undertaken by the planning and development authorities to monitor implementation of plans on half yearly and annual basis;
(i) ensure synchronisation of the fiscal budget with all levels of spatial planning over plan implementation period;
(j) ensure that the Master Plan, town planning scheme or local area plan does not exceed the carrying capacities of the said area in the horizon period and such carrying capacity studies may be directed to be undertaken by institutions of national or international repute;
(k) ensure appropriate planning of infrastructure and waste management suitable for islands are undertaken;
(l) annually review the impacts and results of the Regional Plan and Master Plan through a list of key performance indicators as may be identified during the planning phase, which may include—
(i) land use compliance;
(ii) completion of transportation, utility and public facility developments;
(iii) implementation of environmental conservation measures; and
(iv) budget performance and optimum utilisation of resources; and
(m) perform such other functions, as may be prescribed, which are incidental, supplemental or consequential to any of the aforementioned functions.
(3) The Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Regulation.
CHAPTER III
REGIONAL PLANS
9. (1) The Government may, by order, direct the Chief Town Planner to prepare Regional Plans for whole or part of the Union territory and the period within which such Regional Plans may be prepared shall be specified in such order.
Power to direct preparation of Regional Plans.
(2) The Government may, by order, also withdraw, amend or modify a Regional Plan.
10. (1) Subject to the provisions of this Regulation and rules made thereunder, the Chief Town Planner shall, after carrying out such surveys as may be necessary on the physical, social and economic conditions and potentialities of an area in respect of which a Regional Plan referred to in section 9 is to be prepared, prepare a Regional Plan for such area, together with a report explaining the various aspects of development proposed in such plan.
Preparation of Regional Plans.
(2) The Regional Plan may be prepared for a horizon period of twenty years, and may be reviewed every ten years, and revised if required.
11. (1) Subject to the provisions of this Regulation and the rules made thereunder, the objective of a Regional Plan shall be to indicate—
(a) the stages by which development may be carried out;
(b) the network of transport and communication lines;
(c) the proposals for conservation and development of natural resources;
and
(d) such other matters as may have an influence on the development of the concerned area.
Contents of Regional Plan.
(2) In particular, and without prejudice to the generality of the foregoing provisions, a Regional Plan may provide for all or any of the following matters, namely:-
(a) integrated planning for rural and urban areas, earmarking areas for low and high density development and indication of urbanisable areas, if any;
(b) economic vision including the existing and potential growth drivers of the Union territory or part thereof, their competitiveness for future and enabling conditions for growth;
(c) regional transport and logistics plan including island with mainland and intra-islands;
(d) access of goods and people to major tourist destinations and beaches, tourism circuits and their surrounding with their annual footfalls;
(e) the plan shall be based upon a detailed study on corals undertaken by an institute of national or international repute so that any transportation channel that leads to destruction of corals is avoided;
(f) broad demarcation and listing of permitted and non-permitted activities—
(i) in protected or sensitive areas like coastal regulation zones, environmentally sensitive areas, Protected Areas including national parks, wildlife sanctuaries, important birding sites, etc.; and
(ii) in key tourism endowments that are essential to sustain long term tourism, such as, beaches, lagoons, reefs, creeks, etc.;
(g) measures and strategies for rejuvenation and prevention of further decay of coral reefs experiencing bleaching events and prevent the exploitation of coral reefs for construction or other anthropogenic purposes;
(h) measures and strategies for prevention of polluted areas and beach stretches that need retrofitting and rejuvenation; and
(i) fishing sites and proposals pertaining to future fishing zones that do not harm the coral reefs.
Board to consider Regional Plan.
12. The Chief Town Planner shall refer the Regional Plan prepared under section 10 to the Board for its consideration and may make such modifications in the Regional Plan as may be necessary on the basis of such recommendations as may be made by the Board.
Public notice of Regional Plan.
13. (1) The Chief Town Planner shall notify the Regional Plan as modified under section 12, in the Official Gazette, on the website of the Lakshadweep Planning and Development Board and also in one or more local newspapers, indicating therein the place or places where copies of the same may be inspected and inviting comments in writing from the public on it within such period as may be specified in the notification:
Provided that such period shall not be less than two months from the date on which the Regional Plan is published in the Official Gazette.
(2) After the expiry of the period mentioned in sub-section (1), the Chief Town Planner shall refer the comments received from the public to the Board for its consideration.
(3) The Chief Town Planner may, if necessary, revise the Regional Plan and the report in the light of any modifications suggested by the Board and submit them to the Government together with the comments received from the public on such Regional Plan for approval.
Approval by Government.
14. (1) The Government may, within such period as may be prescribed, either approve the Regional Plan as submitted to it under sub-section (3) of section 13, or may approve the said plan with such modifications as it may consider necessary, or may return the said plan to the Chief Town Planner with instructions either to modify the plan or to prepare a fresh Regional Plan in accordance with such directions as the Government may issue in this behalf.
(2) Where a fresh Regional Plan is required to be prepared under sub-section (1), the provisions of sections 10 to 14 shall, as far as may be, apply to the preparation and approval of such plan.
Publication of Regional Plan.
15. The Chief Town Planner shall notify the Regional Plan as approved by the Government in the Official Gazette, on the website of the Lakshadweep Planning and Development Board and also publish in one or more local newspapers, indicating therein the place or places where copies of the same may be inspected.
16. On and from the date of publication of the Regional Plan under section 15 for an area, all development programmes undertaken within that area by any private institution or by any other person shall conform to the provisions of such Regional Plan:
Effect of Regional Plan.
Provided that any public projects or schemes or development works, undertaken by the Central Government or the Government, shall be in conformity with the applicable rules made or procedures laid down by the Central Government or the Government for such projects, schemes or development works.
17. (1) No person shall undertake any work or development in contravention of any of the provisions of the Regional Plan in force, except in case of any project or scheme or development work undertaken by the Central Government or the Government, either by itself or through its servant or agent or any other person.
Development to conform to Regional Plan.
(2) Whoever contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to fifty thousand rupees.
18. The Chief Town Planner may, after the Regional Plan comes into operation, with the prior approval of the Government, by notification, make such changes in such Regional Plan as may be necessary for correcting any typographical or cartographical errors.
Making of minor changes in Regional Plan.
19. (1) A Regional Plan shall be reviewed after every ten years and shall be revised at least every twenty years.
Revision of Regional Plan.
(2) If the Government, at any time after notification of a Regional Plan under section 15, is of the opinion that a revision of such Regional Plan is necessary, it may direct the Chief Town Planner to undertake the revision of that Regional Plan and thereupon the provisions of this Chapter relating to the preparation of Regional Plan shall, as far as may be, apply to the revision of the Regional Plan under this section.
20. (1) No person shall—
(a) mine corals for use as construction material; or
(b) dump any solid or liquid waste on beaches or in their vicinity.
Prohibition of mining of corals for use as construction material and dumping of solid and liquid waste on beaches and in their vicinity.
(2) Whoever contravenes the provisions of sub-section (1) or abets such contravention, and—
(a) where such contravention relates to the mining of corals for use as construction material, he shall be dealt with in accordance with the provisions of the Wild Life (Protection) Act, 1972; and
53 of 1972.
(b) where such contravention relates to the dumping of any solid or liquid waste on beaches or in their vicinity, he shall be liable to a penalty which may extend to five thousand rupees.
21. (1) Notwithstanding anything contained in section 19, if, at any time after a revised Regional Plan is notified (herein referred to as the revised Regional Plan), the Government is of the opinion that such revised Regional Plan is required to be withdrawn, the Government may direct the Chief Town Planner to withdraw the operation of the revised Regional Plan in its entirety or in part, as the case may be, from such date, as the Government appoints, and undertake the revision of the Regional Plan as existing immediately before the revised Regional Plan (herein referred to as the existing Regional Plan), in its entirety or in part, as the case may be, and thereupon the provisions of this Chapter relating to preparation of the Regional Plan shall, as far as may be, apply to the revision of the existing Regional Plan under this section.
Withdrawal of revised Regional Plan.
(2) For the purposes of sub-section (1), any land use as per the existing Regional Plan shall be accepted and any future modification shall conform to the Regional Plan as may be revised.
(3) The Chief Town Planner shall withdraw the operation of the revised Regional Plan in entirety or in part, as the case may be, by notification, from such date as may be appointed by the Government under sub-section (1), and publish the said notification in two local newspapers.
(4) On and from the date of withdrawal of the revised Regional Plan under sub-section (3), all development programmes undertaken by any Department of the Government, or by any public or private institutions, or by any other person, shall conform to the provisions of the existing Regional Plan.
CHAPTER IV
DECLARATION OF PLANNING AREAS AND CONSTITUTION OF PLANNING AND
DEVELOPMENT AUTHORITIES
22. (1) The Government may, by notification, declare any area to be a planning area for the purposes of this Regulation, and on such declaration, this Regulation shall apply to such area:
Declaration of planning areas, their amalgamation, sub-division, etc.
Provided that no defence area (cantonment area) or part thereof shall be included in such planning area.
(2) Every notification issued under sub-section (1) shall define the limits of the area to which the notification relates.
(3) The Government may, after consultation with the Board, amalgamate two or more planning areas into one planning area or sub-divide a planning area into different planning areas and may include any such sub-divided area or areas in any other planning area.
(4) The Government may, by notification, direct that all or any of the rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred and in force in any planning area at the time of amalgamation, sub-division or inclusion under sub-section (3), shall apply to the planning area or areas as so amalgamated or sub-divided or included, with such exceptions, adaptation or modifications as may be specified in the notification, and thereupon such rules, regulations, bye-laws, notifications, orders, directions and powers shall apply to such planning area or areas without further publication.
(5) Where planning areas are amalgamated or sub-divided, or such sub-divided areas are included in any other planning area, the Government shall, after consulting the Board and the Planning and Development Authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authorities, which shall vest in the Planning and Development Authorities concerned and specify the manner in which the properties and liabilities of the Planning and Development Authorities shall be apportioned amongst them; and on the scheme being notified, the fund, property and liabilities shall vest and be apportioned accordingly.
23. (1) The Government may, if it is of opinion that it is necessary so to do in the public interest, by notification, withdraw from the operation of this Regulation the whole or part of any planning area.
Power to withdraw planning area from operation of Regulation.
(2) Where a notification is issued under sub-section (1) in respect of any planning area or part thereof,—
(a) the provisions of this Regulation and all rules, bye-laws, notifications, orders, directions and powers made, issued or conferred under it, shall cease to apply to the said area or part and the Planning and Development Authority, if any, constituted under this Regulation, shall cease to have jurisdiction in respect of the said area or part, as the case may be; but where any Planning and Development Authority has been constituted exclusively for such area or part, such Authority shall, on the date of such notification stand dissolved; and
(b) the Government shall, after consulting the Board, the Planning and Development Authority and the local authority or authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authority concerned which shall vest in the Government and in the local authority or authorities concerned, and specify the manner in which the properties and liabilities of the Planning and Development Authority shall be apportioned between the Government and such local authority or authorities, and on the scheme being notified, the fund, property and liabilities of the Planning and Development Authority shall vest and be apportioned accordingly.
24. (1) As soon as may be, after the declaration of the planning area, the Government may, in consultation with the Board, by notification, constitute in respect of that area a Planning and Development Authority for the purpose of performing the functions assigned to the Planning and Development Authorities under this Regulation.
Constitution of Planning and Development Authority.
(2) Every Planning and Development Authority constituted under sub-section (1) shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable, and to contract, and shall by the said name sue and be sued.
(3) Every Planning and Development Authority constituted under sub-section (1) shall consist of the following, namely:—
(a) a chairperson to be appointed by the Administrator;
(b) one member, who shall be the Chief Executive Officer of District Panchayat representing a planning area, ex officio;
(c) one member secretary, who shall be the Town Planning Officer to be appointed by the Administrator, in consultation with the Chief Town Planner;
(d) the following members, who shall be representatives of local authorities, namely:—
(i) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among its members; or
(ii) in the case of a planning area in which two or more local authorities have jurisdiction, representatives of such local authorities, as the Administrator may consider necessary to be represented; and
(e) two members, who shall be experts having special knowledge and practical experience in matters relating to town and country planning and related fields who shall be co-opted by the chairperson and members referred to in clauses (a), (b) and (d).
(4) The Government may, if it thinks fit, appoint one of the members of the Planning and Development Authority as its Vice-chairperson.
(5) The Government may, in consultation with the Board, appoint any local authority as the Planning and Development Authority for the area comprised within the local limits of the jurisdiction of such local authority and for such other contiguous or adjacent area or areas as the Government may declare as a planning area under section 22.
(6) Where a local authority is appointed as a Planning and Development Authority under sub-section (5), the provisions of sub-section (3) and sections 25, 27 and 28 shall not apply, and the provisions of the Regulation by which such local authority is constituted shall continue to apply to it in respect of matters covered by the said sections.
(7) A local authority appointed as a Planning and Development Authority under sub-section (5) shall, for the purpose of performing the functions of a Planning and Development Authority under this Regulation, constitute a Planning Committee consisting of the following members, namely:—
(a) a chairperson to be appointed by the Administrator;
(b) five members, two of whom shall be the members of the local authorities functioning in the development area, having such qualifications as may be prescribed, to be nominated by the Government in consultation with the Board; and
(c) the Town Planning Officer, who shall be the member secretary to the Committee.
(8) Every Planning Committee constituted by a local authority under sub-section (7) shall have the same status and powers of a Standing Committee appointed by the local authority by the Regulation under which such local authority is constituted and the terms and conditions of the members of the Committee shall be such as may be prescribed.
Term of office and conditions of service of chairperson and members of Planning and Development Authority.
25. (1) The term of office and the conditions of service of the chairperson and members of a Planning and Development Authority (other than the Town Planning Officer) shall be such as may be prescribed.
(2) The chairperson or any member of a Planning and Development Authority (other than the Town Planning Officer) may resign his office by giving one month notice in writing to the Government and on such resignation being accepted, he shall cease to be such chairperson or member.
(3) Any vacancy in the membership of a Planning and Development Authority shall be filled by fresh appointment by the Government, or by nomination by the local authority concerned, as the case may be, provided that the member appointed or nominated shall hold office only for so long as the member in whose place he is appointed or nominated would have held office if the vacancy had not occurred.
Functions and powers of Planning and Development Authorities.
26. (1) The functions of every Planning and Development Authority shall, subject to the provisions of this Regulation, the rules made thereunder and any direction which the Government may issue, shall be—
(a) to prepare an existing Land Use Map;
(b) to prepare a Master Plan for an island or islands;
(c) to prepare Town Planning Schemes or Local Area Plans;
(d) to prepare and specify the uses of land within its area;
(e) to prepare schemes of development and undertake their implementation;
(f) to prepare comprehensive mobility plan;
(g) to prepare basis of Coastal Management Plan, which shall detail local area plans of beaches or economic activities along the beaches and may be projected and proposed under the Master Plan;
(h) to ensure community participation in the process of plan formulation and implementation through conducting focused group discussions with local citizens, and business enterprises by publishing reports in local languages so that community can understand and participate in development pro-actively;
(i) to undertake carrying capacity studies based on which resident and floating population including tourist population and make an estimate of the infrastructure required for the same;
(j) to monitor unauthorised constructions through drone surveys and map the same in Geographic Information System (GIS) platform of the island, and for these purposes, it may carry out or cause to be carried out, surveys of the planning area and prepare report or reports of such surveys, and to perform such other functions, as may be prescribed.
(2) The Planning and Development Authority shall have the power to adjudicate and impose penalties with respect to this Regulation, except clause (a) of sub-section (1) of section 20.
Meetings of Planning and Development Authority.
27. (1) Every Planning and Development Authority shall meet at such times and at such places, and shall subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure, as may be prescribed, in regard to the regulation of business at its meetings.
(2) The chairperson, or in his absence, the vice-chairperson, if any, or in the absence of the chairperson and vice-chairperson, any member chosen by the members present from amongst themselves, shall preside at a meeting of the Planning and Development Authority.
(3) All questions at a meeting of the Planning and Development Authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote.
(4) The minutes of the proceedings at each meeting, including the names of the members present, shall be kept in a book to be kept for this purpose and such minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours.
Staff of Planning and Development Authority.
28. (1) Subject to such control and restrictions, as may be prescribed, every Planning and Development Authority may appoint such number of officers and staff as may be necessary for the efficient performance of its functions and may determine their designation and grades with the approval of the Administrator.
(2) The officers and staff of every Planning and Development Authority shall be entitled to receive such salaries and allowances and shall be governed by such terms and conditions of service, as may be prescribed.
CHAPTER V
PRESENT LAND USE
Preparation of map and register showing present land use.
29. (1) Every Planning and Development Authority shall, as soon as may be, and not later than six months from the date of its constitution, or within such further period as the Government may from time to time extend, prepare a land use map (hereafter in this Chapter referred to as the map) and a land use register (hereafter in this Chapter referred to as the register) in such form as may be prescribed, indicating the present use of every piece of land in the planning area:
Provided that where a local authority has been appointed as Planning and Development Authority for any planning area and such local authority has prepared a map or a register, or both, in respect of the said area before such constitution, the map or the register so prepared shall be deemed to be a map or register, respectively, for the purposes of this section.
(2) The monitoring and updation of land use shall be undertaken at least every five years or even more frequently in case of rapidly developing areas.
(3) The Planning and Development Authority shall update the existing land use maps, preferably using appropriate latest technology, such as, Geographic Information System (GIS), remote sensing and drone surveys to monitor the land use.
Notice of preparation of map and register.
30. (1) After the preparation of the map and register under section 29, the Planning and Development Authority shall publish a public notice stating that such map and register has been prepared, and indicating therein the place or places where copies of that map or register, or both may be inspected, and inviting objections in writing from any person with respect to the map and the register.
(2) Objections, if any, with reference to any map or register shall be communicated to the Planning and Development Authority within thirty days from the date of publication of the notice referred to in sub-section (1).
(3) After the expiry of the period mentioned in sub-section (2), the Town Planning Officer of the Planning and Development Authority or a Committee appointed by it for the purpose shall, after giving a reasonable opportunity of being heard to all the persons who have sent in their objections, make a report to the Planning and Development Authority.
(4) The Planning and Development Authority shall consider the report made under sub-section (3) and may make such modifications in the map or register, or both, as it considers proper and adopt the map and the register by means of a resolution.
(5) As soon as may be, after the adoption of the map and the register under sub-section (4), the Planning and Development Authority shall publish the notice of the adoption of the map and the register and of the place or places where copies of the same may be inspected and shall submit copies of such map and the register to the Board and the Government.
(6) A copy of the public notice referred to in sub-section (5) shall also be published in the Official Gazette and such publication shall be the conclusive proof that the map and register have been duly prepared and adopted.
Power of Government to prepare map and register.
31. (1) Where a map and a register are to be prepared under this Regulation, then,—
(a) if within the period specified in sub-section (1) of section 29 or within such further period as the Government may specify, no map or register has been prepared; or
(b) if at any time, the Government is satisfied that the Planning and Development Authority is not taking necessary steps to prepare the map or register within that period, or if the Government is of the opinion that such a map or register is needed to be prepared by the Chief Town Planner,
the Government may direct the Chief Town Planner to prepare the map and register.
(2) The Chief Town Planner shall, after the preparation of the map and register, submit the same to the Board, and the Board shall, for the purpose of adopting the map and register so prepared, follow the procedure and exercise the powers of a Planning and Development Authority specified in section 30.
(3) Any expenses incurred under this section in connection with the preparation and publication of a map and register in respect of a planning area shall be met by the concerned Planning and Development Authority.
CHAPTER VI
PREPARATION OF MASTER PLANS
32. Every Planning and Development Authority shall, as soon as may be, and not later than one year from the date of its constitution, as the case may be, prepare after consultation with the local authority or authorities concerned, if any, a Master Plan for the planning area within its jurisdiction and submit it to the Government through the Board for provisional approval:
Preparation of Master Plan.
Provided that on an application made by the Planning and Development Authority, the Government may, by order, extend the said period by such further period or periods as it thinks fit.
33. (1) A Master Plan shall—
(a) indicate, define and provide for—
(i) areas to be reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, and other recreational uses, green belts and natural reserves and reserves and area for redevelopment, area for Town Planning Scheme, Land Pooling Scheme and Local Area Plan;
(ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, agricultural and other purposes;
(iii) complete road and street pattern and traffic circulation pattern for present and future requirements;
(iv) major road and street improvements;
(v) areas reserved for public buildings and institutions and for new civic development;
(vi) areas for future development and expansion, and areas for new housing;
(vii) amenities, services and utilities;
(viii) Economic Visioning Plan delineating strategies to promote economic growth and identification of areas for commercial, industrial and mixed-use development;
(ix) detailed Coastal Zone Management Plan or Integrated Island Management Plan prepared under the Island Protection Zone or Island Coastal Regulation Zone notifications issued by the Ministry of Environment, Forest and Climate Change from time to time;
(x) urban and rural sanitation plan;
(xi) intra and inter-island logistics plan;
(xii) comprehensive mobility plan for the Union territory highlighting the intra and inter-island transportation network requirements;
(xiii) Sustainable Tourism Plan balancing economic benefits and environmental and cultural preservation following the National Strategy for Sustainable Tourism, 2022 by the Ministry of Tourism in the Government of India;
(xiv) the blue-green spaces and water management plan; and
Contents of Master Plan.
(xv) such other matters, as may be prescribed, or as may be directed by the Government or the Board to be indicated, defined and provided for;
(b) include zoning regulations to regulate within each zone, the location, height, number of storeys and size of buildings and other structures, size of yards, courts and other open spaces and the use of buildings, structures and land (which shall meet the criteria of the Union territory characterised by low elevations, with maximum elevation ranging from four to six metres above Mean Sea Level), atolls, reefs, etc., and detailed soil and geo-technical investigations shall be undertaken by the Planning and Development Authorities to avoid adhocism in zoning regulations and to ensure safety;
(c) indicate the stages by which the proposals are intended to be carried out, together with the financial implications of each stage;
(d) obtain all statutory clearances, wherever applicable, under the respective enactments and the rules, regulations, notifications or orders made thereunder, including the Wild Life (Protection) Act, 1972, the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, the Environment (Protection) Act, 1986, and the coastal regulation or island protection notifications issued thereunder from time to time, and ensure that any development in the Lakshadweep Islands is carried out in accordance with the approved Integrated Island Management Plan applicable to the respective island.
53 of 1972.
69 of 1980.
29 of 1986.
(2) The Master Plan may—
(a) indicate, define and provide for—
(i) all such matters including planning standards, gross and new density and such guiding principles as the Planning and Development Authority may consider expedient to be indicated, defined and provided for in the Master Plan;
(ii) detailed development of specific areas for housing, shopping centers, industrial areas, civic centers, educational and cultural institutions;
(iii) control of architectural features, elevation and frontage of buildings and structures; and
(iv) a five year development programme within the stages indicated in clause (d) of sub-section (1);
(b) designate, any land as a land subject to acquisition for any public purpose, and in particular, but without prejudice to the generality of this provision for any of the following purposes, namely:-
(i) the Union territory or the Government, or for any local authority or other authority established by law and public utility concerns; or
(ii) dealing satisfactorily with slum areas and for re-location of population; or
(iii) providing for open spaces, parks and playgrounds; or
(iv) securing the use of the land in the manner specified in the Master Plan; or
(v) any of the matters referred to in clause (a); and
(c) indicate and provide proposal for transferable development right, transferable development right for posterity, accommodation reservation, land pooling scheme (LPS) or any other similar technique for promoting planned development.
(3) Subject to such rules as may be made for regulating the form and contents of a Master Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals included in that plan.
34. (1) If a Master Plan is not prepared, published and submitted to the Government by a Planning and Development Authority within the period specified in section 32, as the case may be, or within the period extended under the proviso to the said section, or if the Government is of the opinion that such a plan is needed to be prepared by the Chief Town Planner, the Government may authorise the Chief Town Planner to prepare such plan and direct the cost thereof to be recovered from the Planning and Development Authority concerned out of its funds.
Power of Government to prepare Master Plan.
(2) The Chief Town Planner shall, if so authorised under sub-section (1), prepare the Master Plan and submit it to the Board and the Board shall follow in respect of the plan so prepared such procedure and exercise such powers as a Planning and Development Authority would follow or exercise in respect of a Master Plan prepared by it.
35. (1) As soon as may be, after a Master Plan has been submitted to the Government, but not later than the time specified in this behalf, the Government may direct the Planning and Development Authority to make such modifications in the Master Plan as it thinks fit and thereupon the Planning and Development Authority shall make such modifications.
Approval of Government to publication of notice of preparation of Master Plan.
(2) The Government shall, after the modifications, as directed by it have been made, give its approval to the publication of the notice of preparation of a Master Plan under section 36.
36. (1) As soon as may be, after the approval of the Government is obtained under section 35, the Planning and Development Authority shall notify the Master Plan and also publish it in one or more local newspapers, indicating therein the place or places where copies of the same may be inspected, and inviting objections in writing to the Master Plan within such period as may be specified in the notice:
Public notice of preparation of Master Plan.
Provided that such period shall not be less than two months from the date of publication of such notification.
(2) After the expiry of the period mentioned in sub-section (1), the Planning and Development Authority shall appoint a Committee consisting of the Town Planning Officer and not more than two of its other members, to consider the objections received under sub-section (1) and to report within such time as the Planning and Development Authority may fix in this behalf, with regard to the merits or otherwise of the objections.
(3) The Committee appointed under sub-section (2) shall have the power to co-opt any other person and any person so co-opted shall have a right to take part in the meetings of the Committee, but shall not have a right to vote.
(4) The Committee so appointed shall afford a reasonable opportunity of being heard to any person, including representatives of Government Departments or local authorities, who have submitted any objection and who have made requests for being so heard.
(5) As soon as may be, after the receipt of the report from the Committee, but not later than such time, as may be prescribed, the Planning and Development Authority shall consider such report and may make such alterations or modifications in the Master Plan as it considers proper, and shall submit the Master Plan with or without alterations or modifications together with the report of the Committee to the Board and to the Government.
Approval by Government.
37. As soon as may be, after the submission of the Master Plan under sub-section (5) of section 36, but not later than the time prescribed therein, the Government may, after consulting the Board, either approve the Master Plan, or approve it with such alterations or modifications as it may consider necessary, or may return the Master Plan to the Planning and Development Authority to alter or modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf.
Coming into operation of Master Plan.
38. (1) The Planning and Development Authority shall, immediately after the Master Plan has been approved by the Government, publish by notification, and also in one or more local newspapers, of the approval of the Master Plan, indicating therein the place or places where copies of the Master Plan may be inspected.
(2) The Master Plan shall come into operation from the date of publication of the notification under sub-section (1).
Appeal.
39. (1) Any person aggrieved by any provisions contained in the Master Plan may make an application within one month of the coming into operation of such Master Plan, to the District Court questioning the validity of the Master Plan, or any of its provisions on the following grounds, namely:—
(a) that it is not within the powers conferred by this Regulation; or
(b) that any requirement of this Regulation or of any rules made thereunder had not been complied with in relation to the making of such Master Plan.
(2) The District Court, after giving an opportunity of being heard to the applicant, Planning and Development Authority concerned, Board and Government may—
(a) stay, until the final determination of the proceedings, the operation of the Master Plan or the provisions contained therein, in so far as it affects any property of the applicant; and
(b) quash the Master Plan or any provisions contained therein generally or in so far as they affect the property of the applicant, if it is satisfied that the Master Plan or any provisions contained therein are not within the powers conferred by this Regulation, or the rules made thereunder, or that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Regulation or of the rules made thereunder.
(3) Subject to the provisions of sub-sections (1) and (2), a Master Plan shall not, either before or after it has been approved, be questioned in any manner, in any legal proceedings whatsoever.
Alteration of Master Plan and making of minor changes.
40. (1) The period for the operation of the Master Plan shall be ten years.
(2) At any time after the date on which a Master Plan for an area comes into operation, and at least once in every ten years after that date, the Planning and Development Authority shall, after carrying out such fresh surveys, as may be considered necessary or as may be directed by the Board or the Government, prepare after consultation with the local authorities concerned, if any, and submit to the Board and the Government, a Master Plan for any alterations or additions considered necessary to the Master Plan in operation.
(3) The provisions of sections 35 to 39 shall, as far as may be, apply to a Master Plan submitted under sub-section (2).
(4) At any time after the date on which the Master Plan for an area comes into operation, the Planning and Development Authority may, in public interest, with the prior approval of the Government, by notification, make such minor changes in such Master Plan as may be necessary for correcting any typographical or cartographical errors and omissions or details of proposals not fully indicated in the Plan or changes arising out of the implementation of the proposals in the Master Plan.
41. If the Government is satisfied that any emergency exists which necessitates the suspension of any Master Plan or part thereof, it may, by notification, suspend such Master Plan or part, for such period as it thinks fit.
Suspension of Master Plan in emergency by Government.
42. Any land required, reserved or designated in a Master Plan, Town Planning Scheme or any other plan prepared under this Regulation, for a public purpose or for securing planned development, shall be deemed to be land needed for a public purpose and may be acquired in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Power to acquire land under Act 30 of 2013.
43. (1) The Planning and Development Authority or a local authority may, with the prior approval of the Government and the consent of the owner, acquire his land for public purpose and the Government may accord the owner a transferable development right, in lieu of the payment of compensation towards such acquisition, by issuing a Development Right Certificate in such form and in such manner, as may be prescribed.
Acquisition of land by according transferable development right.
(2) The transferable development right may be utilised as additional built-up space in such manner, as may be prescribed, by the owner who may utilise it himself or transfer it to any other person in full or in part, to use in areas earmarked for the purpose in the Regional Plan or Master Plan.
44. (1) The Planning and Development Authority or a local authority may, with the consent of the owner, get transferred his land and amenity in its favour for public purpose as specified in the Regional Plan or Master Plan, by way of accommodation reservation and in such manner as may be prescribed.
Acquisition by way of accommodation reservation.
(2) The owner of such land shall develop such amenity and hand it over to the Planning and Development Authority or a local authority, free of cost and thereafter the owner shall himself utilise the developmental right equivalent to full permissible Floor Area Ratio.
45. A Planning and Development Authority, or a local authority may, with the prior approval of the Government and the consent of the owner, withdraw or sever the development right or potential in respect of land identified for conservation or preservation in the Regional Plan or Master Plan and the Government may allot the development right, thus removed, or severed to other area more suitable for development by way of transferable development right for posterity in such manner as may be prescribed.
Preservation of natural reserves and resources for posterity.
CHAPTER VII
CONTROL OF DEVELOPMENT AND USE OF LAND
46. On and from the date on which a public notice of the preparation of a Master Plan is published under sub-section (1) of section 36, every land use, every change in land use and every development in the area covered by the Master Plan shall conform to the provisions of this Regulation and the Master Plan as finally approved by the Government under section 37:
Land use to conform to Master Plan.
Provided that the Planning and Development Authority may allow the continuance of the use for a period not exceeding ten years, subject to such terms and conditions, as may be prescribed, of any land to the extent to which it was used on the date on which such public notice is published.
47. Subject to the other provisions of this Regulation, no development, in respect of, or change of use of, any land shall be undertaken or carried out, in an area after the application of this Regulation to such area—
(a) without obtaining a certificate from the Planning and Development Authority concerned that the development charge as leviable under this Regulation has been paid or that no such development charge is leviable; and
Prohibition of development without payment of development charge or permission.
(b) without obtaining a permission under section 48:
Provided that no such permission shall be necessary for carrying out any work—
(a) for the maintenance, improvement or other alteration of any building which affects only its interior or which do not materially affect the external appearance of the building;
(b) by the Central Government or the Government or any local authority, subject to the provisions of sub-section (2) of section 48, any work—
(i) required for the maintenance or improvement of a road or public street, being a work carried out on land within the boundaries of such road or public street; or
(ii) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose; or
(iii) relating to excavations (including wells) made in the ordinary course of agricultural operations; or
(iv) for the construction of unmetalled roads intended to give access to land solely for agricultural purposes; or
(v) relating to normal use of the land which may be used temporarily for other purposes; or
(vi) in the case of land normally used for one purpose and occasionally used for any other purpose, for the use of the land for such other purpose on occasions; or
(vii) for the use, or for any purpose incidental to the use, of a building for human habitation, or any other building or land attached to such building.
Grant of permission.
48. (1) Any person intending to carry out any development in respect of, or change of use of, any land, shall make an application in writing or through online mode to the Planning and Development Authority for permission in such form and containing such particulars and accompanied by such documents and plans, as may be prescribed.
(2) In the case of a Department of the Central Government or Government or local authority intending to carry out any development in respect of, or change of use of any land, such Department or authority concerned shall inform in writing to the Planning and Development Authority of its intention to do so, giving full particulars thereof accompanied by such documents and plans, as may be prescribed, and shall obtain permission in respect thereof.
(3) Where the Planning and Development Authority has raised any objection in respect of the conformity of the proposed development or change of use either to any Master Plan under preparation or to any of the Regulations in force at the time, or due to any other material consideration, the Department or authority concerned referred to in sub-section (2), shall, either make the necessary modifications in the proposals for such development or change of use to meet the objections raised by the Planning and Development Authority, or submit the proposal for such development or change of use together with the objections raised by the Planning and Development Authority to the decision of the Government.
(4) The Government on receipt of any proposal referred to in sub-section (3) together with the objections of the Planning and Development Authority shall, in consultation with the Chief Town Planner, either approve the proposals with or without modifications, or direct the Department or authority concerned, as the case may be, to make such modifications in the proposals as they consider necessary in the circumstances.
(5) On an application having been duly made under sub-section (1), and on payment of the development charges, if any, as may be assessed under Chapter X, the Planning and Development Authority may—
(a) pass an order—
(i) granting permission unconditionally; or
(ii) granting permission subject to such conditions as it may think fit to impose; or
(iii) refusing permission; or
(b) without prejudice to the generality of clause (a), impose conditions—
(i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land so permitted shall be discontinued; or
(ii) for regulating the development or use of any land under the control of the applicant or for the carrying out of works on any such land as may appear to the Planning and Development Authority expedient for the purpose of the permitted development.
(6) The Planning and Development Authority, in dealing with the applications for permission under this section, shall have regard to—
(a) the provisions of any Master Plan which has come into operation;
(b) the proposals or provisions which it thinks are likely to be made in any Master Plan under preparation, or to be prepared;
(c) to the relevant bye-laws or regulations of the local authority concerned; and
(d) any other material consideration.
(7) When permission is granted subject to conditions, or is refused, the grounds for imposing such conditions or such refusal shall be recorded in writing in the order and such order shall be communicated to the applicant in the manner prescribed.
(8) The Planning and Development Authority shall dispose of every application for permission under this section within a period of three months.
Appeal against orders passed under section 48.
49. (1) An applicant may, within two months from the date of receipt of the order passed under section 48, by which he is aggrieved, prefer an appeal to the Board.
(2) An appeal under sub-section (1) shall be preferred in such manner and accompanied with such fees, not exceeding ten thousand rupees, as may be prescribed.
(3) The Board may, after giving a reasonable opportunity of being heard to the appellant and the concerned Planning and Development Authority, pass an order—
(a) granting permission unconditionally; or
(b) granting permission subject to such conditions as it may think fit; or
(c) removing the conditions subject to which permission has been granted and imposing such other conditions, if any, as it may think fit; or
(d) refusing permission:
Provided that the Board shall, within a period of three months from the date of filing the same, dispose of every appeal and if not so disposed, it shall be deemed that the prayer of the appellant is granted.
Validity of permission.
50. Every permission granted under this Regulation shall remain in force for a period of three years from the date of such permission:
Provided that the Planning and Development Authority may, on an application made to it in this behalf before the expiry of the said period, extend such period, by such period or periods as it may think proper; so, however, that the total period extended shall in no case exceed three years:
Provided further that the lapse of any such permission shall not bar any subsequent application for fresh permission under this Regulation.
Obligation to acquire land on refusal of permission or on grant of permission in certain cases.
51. (1) Where any person, aggrieved by an order in appeal under section 49 refusing to grant permission or granting permission subject to conditions, claims—
(a) that the land has become incapable of being reasonably beneficial used in the existing state; or
(b) in a case where permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the development in accordance with such conditions,
he may, within three months from the date of passing of such order and in such manner, as may be prescribed, serve on the Government, a notice requiring the Government to acquire his interest in such land (herein and in section 58, referred to as an acquisition notice).
(2) A copy of the acquisition notice shall also be served on the Board and the Planning and Development Authority concerned.
(3) After receiving the notice under sub-section (1), the Government shall appoint a person who shall, after giving a reasonable opportunity of being heard to the person serving the acquisition notice, the concerned Planning and Development Authority and the Board, submit a report thereon to the Government.
(4) After receiving the report under sub-section (3), the Government shall—
(a)(i) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled; or
(ii) if the order appealed against was passed on the ground that any of the provisions of this Regulation or the rules made thereunder had not been complied with, pass an order refusing to confirm the notice; or
(b) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is fulfilled, pass an order—
(i) confirming the notice; or
(ii) directing the Planning and Development Authority to grant such permission or to alter the conditions in such a way that will keep the land or part thereof capable of being reasonably beneficial used.
(5) Where, the Government had not passed any order under sub-section (4) within the period of one year from the date on which an acquisition notice is served under sub-section (1), the acquisition notice shall be deemed to have been confirmed on the expiration of such period.
(6) On an acquisition notice being confirmed under sub-section (4) or deemed to have been confirmed under sub-section (5), the Government shall proceed to acquire the land or part thereof in respect of which the notice has been confirmed, within one year of such confirmation.
Compensation for refusal of permission or grant of permission subject to conditions in certain cases.
52. (1) Where an order in appeal under section 49 refusing to grant permission to develop the land or granting of such permission subject to conditions, relates to—
(a) the re-erection of a building which has been destroyed or demolished and such re-erection does not exceed the cubic content of the original building by more than one-tenth; or
(b) the enlargement, improvement or other alteration of any building which was in existence on the date of coming into operation of the Master Plan for the first time, and such enlargement or improvement or alteration does not exceed the cubic content of that building by more than one-tenth; or
(c) the carrying out on any land, used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or of a building used for the purpose of marketing the produce of land; or
(d) any part of any building or other land, which on the date of coming into operation of the Master Plan for the first time, is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on that date or, as the case may be, one-tenth of the area of the land so used on that date,
the owner may, if he had not served an acquisition notice under section 51, or if he had served such notice and the same had not been conformed under that section, within such time and in such manner, as may be prescribed, claim compensation with the Planning and Development Authority for the refusal of such permission or for the grant thereof subject to conditions:
Provided that no such compensation shall be claimed if such refusal or grant of permission subject to conditions was by reason of any provision in the Master Plan.
(2) The compensation, if any, payable under sub-section (1) shall be equal to—
(a) where permission is refused, the difference between the value of the land had the permission been granted and the value of the land in its existing state; or
(b) where permission is granted subject to conditions, the difference between the value of the land had the permission been granted unconditionally and the value of the land when permission is granted subject to conditions.
(3) When a claim under sub-section (1) is received by the Planning and Development Authority, it shall, after giving an opportunity of being heard to the claimant, assess the amount of compensation payable and offer it to the claimant.
(4) If the claimant does not accept the compensation offered under sub-section (3) and gives notice, within such time as may be prescribed, of such refusal, the Planning and Development Authority shall refer the matter for the adjudication of the District Court and the decision of that Court shall be final and binding on the owner and the Planning and Development Authority.
Sanction for sub-division of plot or layout of private street and restriction on registration of purchase, sale or transfer of immovable property.
53. (1) Any person intending to sub-divide his plot, or make or layout a private street, on or after the date on which a public notice of the preparation of a Master Plan is published under sub-section (1) of section 36, shall submit the layout plan together with such particulars, as may be prescribed, to the Planning and Development Authority, for sanction.
(2) The Planning and Development Authority may within the period referred to in sub-section (1), sanction such plan either with or without modifications and conditions as it considers expedient, or may refuse to give sanction, if it is of the opinion that such sub-division, making or layout is not in conformity with the proposals contained in a Master Plan.
(3) Where the sanction is granted subject to conditions or refused, the grounds for imposing such conditions or such refusal shall be recorded in writing in the order and such order shall be communicated to the applicant in such manner as may be prescribed.
(4) If any person does any work in contravention of the provisions of sub-section (1), or in contravention of the modifications and conditions of the sanction granted under sub-section (2), or in spite of the refusal of sanction under the said sub-section, the Planning and Development Authority may direct such person by notice in writing to stop such work in progress, and after making an inquiry in such manner as may be prescribed, remove or pull down any work or restore the land to its original condition.
(5) Any expenses incurred by the Planning and Development Authority under sub-section (4) shall be a sum due to the Planning and Development Authority under this Regulation from the person in default.
(6) Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of sub-section (1) of section 29 of the Registration Act, 1908, purports to transfer, assign, limit or extinguish the right, title or interest of any person, in respect of plots which are not as per Survey Plan issued by the Survey Department or plots which have no development permissions for such sub-division—
(a) from the Planning and Development Authority within a planning area; or
(b) from the Town and Country Planning Department, within an area other than planning area,
no registering officer appointed under the Regulation, shall register any document, unless the owner of such plot produces a certificate of sanction or a certificate of no objection from the Planning and Development Authority exercising jurisdiction in respect of the planning area or from the Chief Town Planner or such other officer as may be authorised in this behalf:
Provided that no such certificate of sanction or no objection shall be required to be produced, if the sub-division of land, or the making or layout of any property, results from the right of inheritance within a family:
Provided further that no such certificate of sanction or no objection shall be required to be produced for the purpose of mortgaging immovable property in favour of any financial institution notified by the Government, for the purposes of this Regulation.
16 of 1908.
54. (1) If it appears to the Planning and Development Authority that, having regard to the Master Plan prepared or under preparation or to be prepared and any other material consideration, it is necessary and expedient that any permission to develop land granted under this Regulation or any other law, ought to be revoked or modified, it may, by order, revoke or modify such permission to such extent as appears to it to be necessary:
Power to revoke or modify permission to develop.
Provided that—
(a) where the permission relates to the carrying out of building or other operations, no such order—
(i) shall affect such of the operations as have been previously carried out; or
(ii) shall be passed after such operations have been completed;
(b) where the permission relates to a change of use of land, no such order shall be passed at any time after such change has taken place.
(2) When a permission is revoked or modified by an order made under sub-section (1), the owner may, within such time and in such manner, as may be prescribed, claim compensation for the expenditure incurred in carrying out any work in accordance with such permission and which has been rendered abortive by the revocation or modification of such permission.
(3) Where a claim under sub-section (2) is received by the Planning and Development Authority, it shall, after giving an opportunity of being
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