WEST BENGAL TOWN AND COUNTRY (PLANNING AND DEVELOPMENT) ACT, 1979
(1) This Act may be called the West Bengal Town and Country (Planning and Development) Act, 1979.
(2) It extends to the whole of West Bengal, excluding any area to which the provisions of the Cantonments Act, 1924 (2 of 1924), apply.
(3) It shall come into force2 on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas.
2. The Act came into force on 1st April, 1980 vide Notification No. 1873-T & CP/1R-6/80, dated the 17th March, 1980.
In this Act, unless there is anything repugnant in the subject or context,-
(1) "agriculture" includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees, or any kind of cultivation of soil, breeding and keeping of live-stock including cattle, horses, donkeys, mules, pigs and poultry, and the use of land which is ancillary to the farming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purpose of a garden to be used along with such building; and the expression "agricultural" shall be construed accordingly;
(2) "amenities" includes roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences;
(1) The State Government, after the commencement of this' Act, shall, for the purpose of carrying out the functions assigned to it under this Act, constitute by notification an Advisory Board to be called the West Bengal Town and Country Planning Advisory Board (hereinafter referred to as the Board).
(2) The Board shall consist of a Chairman, two Vice-Chairmen and not more than 45 other members.
(1) The Chief Minister of the State of West Bengal shall be the Chairman of the Board and he shall nominate two persons to be the Vice-Chairmen.
(2) The other members shall be-
(i) the Mayor of the 3[1[Kolkata] Municipal Corporation;]
(ii) one Member of Parliament to be nominated by the Chairman of the Board from amongst those elected from the State of West Bengal;
(iii) three Members of the West Bengal Legislative Assembly to be nominated by the Speaker of that Assembly;
(iv) the Chairman of three municipalities to be nominated by the State Government;
(v) the Sabhadhipatis of three Zilla Parishads to be nominated by the State Government;
The Board shall, in accordance with the provisions of this Act and the rules made thereunder, advise the State Government in matters relating to planning development, co-ordination and use of rural and urban land and such other connected functions as the State Government may, from time to time, assign to it.
(1) The term of office and allowances of the nominated members of the Board shall be such as may be prescribed :
Provided that the State Government may, if it thinks fit, terminate the appointment of any nominated member before the expiry of his term of office.
(2) A nominated member of the Board may resign his membership by giving notice in writing to the State Government. He shall cease to be a member on acceptance of such resignation.
(3) Any vacancy by resignation, death or otherwise of a nominated member shall be filled by fresh nomination by the State Government.
(1) The Board shall meet at least four times in a year at such time and place as it thinks fit and the meetings shall be held according to such procedure as may be prescribed.
(2) The Chairman or in his absence a Vice-Chairman shall preside at a meeting of the Board. In case both the Vice-Chairmen are present the members present shall elect one of the Vice-Chairmen to preside at the meeting. In the absence of Chairman and both the Vice-Chairmen the members present shall elect any member present for presiding at the meeting.
Thirty per cent of the members of the Board shall form a quorum for a meeting:
Provided that no quorum shall be necessary for any adjourned meeting.
(1) The State Government may, by notification, declare any area in West Bengal to which the provisions of this Act have come into force under sub-section (3) of section 1 to be a Planning Area for the purposes of this Act.
(2) Every such notification shall define the limits of the area to which it relates.
(3) The State Government may amalgamate two or more Planning Areas into one Planning Area, sub-divide a Planning Area into different Planning Areas and include such sub-divided areas in any other Planning Area.
(4) The State Government may, by notification, direct that all or any of the rules, regulations, orders, directions and powers made, issued, or conferred under this Act or deemed to have been made, issued or conferred under this Act and in force in any Planning Area at the time, with
(1) The State Government may, by notification, withdraw from the application of this Act any Planning Area or part thereof.
(2) When a notification is issued under sub-section (1) in respect of any Planning Area or part thereof- .
(i) this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the said area or part thereof;
(ii) the State Government shall, after consulting the local authority or authorities concerned, frame a scheme determining what portion of the fund of the Planning Authority or the Development Authority concerned shall vest in the State Government, and the local authority or authorities concerned and in what manner the properties and liabilities of the Planning Authority or the Developmen
(1) As soon as may be, after declaration of an area as a Planning Area, the State Government may, by notification, constitute for the purposes of this Act a Planning Authority for that area or a Development Authority in respect of the Planning Area or a part of it.
(2) A Planning Authority or a Development Authority, if it is not a local authority or a Government department or agency, shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to enter into contracts and shall by its corporate name sue and be sued.
(3) Every Planning Authority or Development Authority constituted under sub-section (1) shall consist of a Chairman and not more than thirteen but not less than seven other members to be appointed by the State Government.
(1) The term of office and terms and conditions of service of the Chairman and other members of a Planning Authority or a Development Authority not being a local or statutory authority, shall be such as may be prescribed.
(2) Any vacancy occurring in the office of the Chairman or any other member of an Authority referred to in sub-section (3) of section 11 shall be filled by fresh appointment by the State Government.
(1) Subject to the provisions of this Act, and the rules made thereunder and any direction which the State Government may give from time to time-
(i) a Planning Authority shall have the following powers and functions :-
(a) to prescribe Land Use Map;
(b) to prepare and enforce 1[a Land Use and Development Control Plan;]
2[(c) * * *]
(d) to prescribe use of land within its area;
(e) to perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed;
1. Subs. by s. 3(a)(i) of the West Bengal Town and Country (Planning and Development) (Amendment
The State Government may, by notification, for such period and on such terms and conditions as may be specified, empower a Planning Authority or a Development Authority or any other authority to regulate building operation within the Planning Area, and to impose fees for such purposes, and in such manner, as may be prescribed.]
1. Section 13A ins. by s. 2 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 2006 (West Ben. Act III of 2006) (w.e.r.t. 14.12.2005).
A Planning Authority or a Development Authority shall meet at such times and places and observe such rules of procedure in regard to the transaction of its business at its meetings as may be determined by regulations.
(1) Every Development Authority shall, subject to the provisions of section 22 of this Act, as soon as may be, constitute an Advisory Council, for the purpose of advising it on the formulation and co-ordination of plans for the development of the area within its jurisdiction.
(2) The Advisory Council shall consist of not more than fifteen but not less than eight members as may be appointed by the State Government in his behalf.
(1) Notwithstanding the repeal of the 2[Kolkata] Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 (West Ben. Act XIV of 1965), by section 142 of this Act, the controlled area declared under that Act with such modifications as mentioned in the First Schedule to this Act shall be known as the 2[Kolkata] Metropolitan Planning Area for the purposes of this Act.
(2) The State Government may, if it thinks fit, by notification, enlarge, curtail or modify the 2[Kolkata] Metropolitan Planning Area or any part thereof.
2. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben.
Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
(1) Notwithstanding the repeal of the 2[Kolkata] Metropolitan Development Authority Act, 1972 (West Ben. Act XI of 1972) by section 142 of this Act, the 2[Kolkata] Metropolitan Development Authority constituted under that Act shall be known as the 2[Kolkata] Metropolitan Development Authority under this Act and it shall be deemed to be a Development Authority for the purposes of this Act.
(2) All the provisions of this Act relating to a Development Authority shall, if not inconsistent with the provisions in this Chapter, apply to the 2[Kolkata] Metropolitan Development Authority.
2. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben.
Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
Subject to the provisions of this Act and the rules made thereunder and any direction which the State Government may give, from time to time, the powers and functions of the 1[Kolkata] Metropolitan Development Authority shall be as provided in section 13 of this Act.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for Calcutta".
(1) The 1[Kolkata] Metropolitan Development Authority shall consist of the following members :-
2[(a) the Chief Minister of the State of West Bengal or any person nominated by him shall be the Chairman :
Provided that when there is no Council of Minister functioning in the State of West Bengal, the State Government shall nominate such person, as it may think fit, to be the Chairman of the Kolkata Metropolitan Development Authority;
(aa) one of the members of the Kolkata Metropolitan Development Authority, nominated by the Chief Minister of the State of West Bengal, shall be the Vice-Chairman;]
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for Calcutta".
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(1) The 1[Kolkata] Metropolitan Development Authority shall meet at such places and at such times, and shall observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum at its meetings) as may be prescribed.
(2) The Chairman of the 1[Kolkata] Metropolitan Development Authority or, if for any reason he is unable to attend any meeting, the Vice-Chairman or, if for any reason both the Chairman and the Vice-Chairman are unable to attend any meeting, any other member elected by the members present shall preside at the meeting.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
.-(1) The State Government shall appoint a Chief Executive Officer who shall be a whole-time officer of the 1[Kolkata] Metropolitan Development Authority.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
(2) The Chief Executive Officer shall discharge such functions and exercise such powers as may be assigned to him by the 1[Kolkata] Metropolitan Development Authority.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
(3) The 1[Kolkata] Metropolitan Development Authority may appoint a whole-time Secretary and such other staff as it may think fit for the exercise of it
(1) The 1[Kolkata] Metropolitan Development Authority shall, as soon as may be, after the commencement of the Act, constitute an Advisory Council, for the purpose of advising it on the formulation and co-ordination of plans for the development of the 1[Kolkata] Metropolitan Area.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
(2) The Advisory Council shall consist of the following members :-
(a) the Chairman of the 1[Kolkata] Metropolitan Development Authority, ex-officio, who shall be the President thereof;
(b) the Vice-Chairman of the 1[Kolkata] Metropolitan Development Authority, ex officio;
(c) a representat
(1) The 1[Kolkata] Metropolitan Development Authority may constitute as many committees, consisting wholly of members of such Authority or wholly of other persons or partly of members of such Authority and partly of other persons and for such purpose or purposes, as it may think fit.
(2) A committee constituted under this section shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by regulations made in this behalf.
(3) The members of a committee, other than the members of the 1[Kolkata] Metropolitan Development Authority, shall be paid such fees and allowances for attending its meetings and for attending to any other work of the 1[Kolkata] Metropolitan Development Authority as may be determined by regulations made in this beha
(1) Notwithstanding anything contained in any other law for the time being in force, the 1Kolkata] Metropolitan Development Authority may give such directions with regard to the implementation of any development project, as it may think fit, to an authority to which payment of any money from its fund has been made under this Act.
(2) The 1[Kolkata] Metropolitan Development Authority shall so exercise the powers of supervision referred to under this Act as may be necessary to ensure that each development project is executed in the interest of the over-all development of the 1[Kolkata] Metropolitan Area and in accordance with the approved development plan.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
(1) Where the 1[Kolkata] Metropolitan Development Authority is satisfied that any direction given by it under sub-section (1) of section 24 with regard to any development project has not been carried out by the authority referred to therein or that any such authority is unable to fully implement any scheme undertaken by it for the development of any part of the 1[Kolkata] Metropolitan Area, the 1[Kolkata] Metropolitan Development Authority may itself undertake the works and incur any expenditure for the execution of such development projects or implementation of such schemes, as the case may be.
(2) The 1[Kolkata] Metropolitan Development Authority may also undertake any works in the 1[Kolkata] Metropolitan Area as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work.
(
The. 1[Kolkata] Metropolitan Development Authority may, by order in writing subject to such conditions as it may think fit to impose, delegate any of its powers, duties and functions under this or any other Act or any rule or regulation made thereunder to the Chairman, Vice-Chairman, Chief Executive Officer, Secretary or any other officer appointed under this Act.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
The 1[Kolkata] Improvement Act, 1911 (Ben. Act V of 1911), the Howrah Improvement Act, 1956 (West Ben. Act XIV of 1956) and the 1[Kolkata] Metropolitan Water and Sanitation Authority Act, 1966 (West Ben. Act XIII of 1966), shall stand amended to the extent and in the manner specified in Second Schedule to this Act.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
Every Planning Authority or Development Authority shall, within one year after its constitution or within such time as the State Government may, from time to time, extend, prepare a present Land Use Map (hereinafter called the Map) and a Land Register (hereinafter called the Register) in such form as the concerned Authority may think fit indicating the present use of lands in the Planning Area:
Provided that the concerned Authority may prepare the Map and the Register in respect of any portion of the Planning Area but the Map or Maps with Register in respect of the entire Planning Area shall be completed within the said period of one year or within such time as the State Government may from time to time extend.
Explanation.-The predominant use to which the land is put on the date of preparation of the Map shall be considered to be the pr
(1) After the preparation of the Map and the Register, the Planning Authority or the Development Authority shall publish a public notice of the preparation of the Map and the Register and of the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the Map and the Register within thirty days of the publication of such notice.
(2) After the expiry of the period of thirty days mentioned in sub-section (1), an officer designated by the Planning Authority or the Development Authority shall, after allowing a reasonable opportunity of hearing to objectors, If any, submit a report to the concerned authority.
(3) The concerned authority shall consider the report submitted under subsection (2) and may make such modifications in the Map or the Register or both as it considers prop
(1) If no Map or Register is prepared by the Planning Authority or the Development Authority within the period referred to in section 28 or if at any time the State Government is satisfied that the Planning Authority or the Development Authority is not taking necessary steps to prepare the Map and the Register, the State Government may direct any of its officers to prepare or cause to be prepared the Map and the Register.
(2) After preparation of the Map and the Register, the said officer shall submit the same to the State Government and the State Government shall follow the procedure laid down in section 29 as if it is the authority concerned.
(3) Any expenses incurred under this section in connection with the preparation and the publication of, the Map and the Register with respect to a Planning Area shall be paid by the concerned auth
(1) A Planning Authority or Development Authority shall, within two years of the declaration of a Planning Area, prepare a plan (hereinafter called the 3[Land Use and Development Control Plan]) for the Planning Area and forward a copy thereof to the State Government:
Provided that the concerned authority may prepare the plan in respect of any portion of the Planning Area, but the plan in respect of the entire Planning Area shall be completed within a period of three years .or within such time as the State Government may from time to time extend.
(2) The 3[Land Use and Development Control Plan] in any area shall be a written statement,-
(a) formulating the policy and the general proposals including maps of the Planning Authority or the Development Authority in respect of the development and gen
1. Section 32 omitted by s. 4(c) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Ben. Act XXVI of 1994), which was as under :
"32. Preparation of Detailed Development Plan.-(1) Within three years of the declaration of a Planning Area, a Planning Authority or a Development Authority shall prepare and forward to the State Government a Detailed Development Plan for the Planning Area or any of its parts :
Provided that the Detailed Development Plan in respect of the entire Planning Area shall be prepared within a period of five years or within such time as the State Government may, from time to time, extend.
(2) In formulating its proposals in a Detailed Development Plan, the concerned Authority shall secure that proposals conform generally to the Outline
If any local or statutory authority has been declared a Planning or a Development Authority for a Planning Area and the said authority has prepared a 2[Land Use and Development Control Plan] similar to that contemplated in this Act, for the Planning Area before this Act has been brought in force in that area, the 2[Land Use and Development Control Plan] already prepared may be deemed to be a 2[Land Use and Development Control Plan] under section 31 or section 32 of this Act, according to the nature of the plan, provided it includes the features of a plan contemplated in this Act.
1. Subs. by s. 4(d)(i) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Ben. Act XXVI of 1994) for "Development Plan".
2. Subs. by s. 4(d)(ii), ibid for "development plan
(1) Where by virtue of the provisions of this Act, a 4[Land Use and Development Control Plan] is to be prepared-
(a) if within the period prescribed or within such period which the State Government has extended, no 4[Land Use and Development Control Plan] has been prepared; or
(b) if at any time the State Government is satisfied that the Planning Authority or the Development Authority is not taking steps necessary to prepare such a 4[Land Use and Development Control Plan] within that period,
the State Government may direct any officer of the State Government to prepare the 4[Land Use and Development Control Plan].
(2) After the preparation of the 4[Land Use and Development Control Plan], the said officer shall submit the 4[Land Use and Development C
As soon as may be after the 6[Land Use and Development Control Plan] has been. submitted to the State Government, but not later than the time prescribed, the State Government shall direct the Planning Authority or the Development Authority to make such modifications in the 6[Land Use and Development Control Plan] as the State Government thinks fit and thereupon the concerned authority shall make the modifications.
5. Subs. by s. 4(f)(i), ibid for "Development Plan:'.
6. Subs. by s. 4(f)(ii), ibid for "development plan".
(1) After the modification, if any, the Planning Authority or the Development Authority shall publish a public notice in the Official Gazette and in one or more local newspapers, of the preparation of the 2[Land Use and Development Control Plan] and the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the 2[Land Use and Development Control Plan] within a period of sixty days 3[from the date of publication of the public notice in the Official Gazette or from the date of publication of the public notice in the newspaper, whichever is later].
(2) The notice of preparation of the 2[Land Use and Development Control Plan] as provided under the preceding sub-section, shall, notwithstanding anything contained in the contained in the Land Acquisition Act, 1894 (1 of 1894), be deemed to be a declaration duly made under
(1) As soon as may be, after the receipt of the 5[Land Use and Development Control Plan], together with the report of the Committee, 6[but not later than such time as may be prescribed,] the State Government may either approve the 5[Land Use and Development Control Plan] with or without modifications or return the 5[Land Use and Development Control Plan] to the concerned authority to modify the plan or to prepare a fresh plan in accordance with such directions as the State Government may issue in this behalf.
5. Subs. by s. 4(h)(i)(A), ibid for "development plan".
6. Subs. by s. 4(h)(i)(B), ibid for "but not later than sixty days,".
(2) After modification in the plan or preparation of a fresh plan in accordance with the directions of the State Government under sub-section (1), the same shall be submitted to the State Government for ap
Coming into operation of the 2[Land Use and Development Control Plan.]-(1) Immediately after the 3[Land Use and Development Control Plan] has been approved by the State Government, the Planning Authority or the Development Authority shall publish a public notice in the Official Gazette and in a local newspaper or newspapers, of the approval of the 3[Land Use and Development Control Plan] and the place or places where copies of the 3[Land Use and Development Control Plan] may be inspected.
(2) The publication of the notice in the Official Gazette of the approval of the 3[Land Use and Development Control Plan] shall, notwithstanding anything contained in the Land Acquisition Act, 1894 (1 of 1894), be deemed to be a declaration duly made under section 6 of the said Act.
(3) The 3[Land Use and Development Control Plan] shall come into operat
(1) Within one month of the coming into operation of the 6[Land Use and Development Control Plan], any person aggrieved by It may make an application to the High Court questioning the validity of the 6[Land Use and Development Control Plan] or any provisions contained therein on the following grounds :-
(a) that is not within the powers conferred by this Act, or
(b) that any requirement of this Act, or any rules made thereunder have not been complied with in relation to the making of the 6[Land Use and Development Control Plan].
(2) The High Court, after giving an opportunity to the authority concerned and the State Government to be heard,-
5. Subs. by s. 4(j)(i), ibid for "Development Plan.".
6. Subs. by
(1) At any time after the date on which the 3[Land Use and Development Control Plan] for an area comes into operation, and at least once in every 10 years after that date, the concerned authority shall, after carrying out such fresh surveys as may be considered necessary, prepare and submit to the State Government a 3[Land Use and Development Control Plan] for any alterations or additions considered necessary.
(2) The provisions of sections 36, 37 and 38 shall, mutatis mutandis, apply to such a 3[Land Use and Development Control Plan].
2. Subs. by S. 4(k)(i), Ibid for "Development Plan.".
3. Subs. by s. 4(k)(ii) ibid for "Development Plan.".
At any time after the date on which the 5[Land Use and Development Control Plan] for an area comes into operation, the Planning Authority or the Development Authority may, with the previous approval of the State Government, make such changes in the 5[Land Use and Development Control Plan] as may be necessitated by topographical and cartographical errors and omissions, details of proposals not fully indicated in the plan or changes arising out of the implementation of the proposals in the 5[Land Use and Development Control Plan] :
Provided that-
(1) all such changes are in the public interest, and
(2) all such changes are notified to the public.
4. Subs. by s. (l)(i), ibid for "Development Plan.".
5. Subs. by s. (l)(ii), ibid for "development plan
(1) The State Government may, in the public interest or for any other sufficient reason, annul any 7[Land Use and Development Control Plan] or a portion thereof or any provision contained therein.
(2) Immediately after the annulment of the 7[Land Use and Development Control Plan] or any portion thereof or any provision contained therein, the State Government shall publish a public notice of the said annulment.
6. Subs. by s. 4(m)(i), ibid for "Development Plan.".
7. Subs. by s. (m)(ii), ibid for "development plan".
Any plan, by whatever name called, prepared or adopted by any Planning Authority or Development Authority under any provision of this Act prior to the coming into force of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994, shall, on the coming into force of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994, be deemed to be a Land Use and Development Control Plan prepared or adopted, as the case may be, under this Act, as amended by the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994.].
1. Section 42A ins. by s. 4(n) pi the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Ben. Act XXVI of 1994)
Any land required, reserved or designated in a 2[Land Use and Development Control Plan] or a Development Scheme under Chapter VIII shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 18.94 (1 of 18.94), and may be acquired under the said Act.
2. Subs. by s. 4(o), ibid for "Development Plan".
After the coming into operation of any 4[Land Use and Development Control Plan] in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such 4[Land Use and Development Control Plan] :
Provided that the Planning Authority or the Development Authority may allow the continuance, for a period not exceeding 7 years, of the use, upon such terms and conditions as may be imposed by the concerned authority, of any land for the purpose and to the extent, for and to which it is being used on the date on which such 4[Land Use and Development Control Plan] comes into operation.
3. Subs. by s. 5(a), ibid for "Development Plan.".
4. Subs. by s. 5(b), ibid for "Development Plan".
After the coming into force of this Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution or change of use, of any land shall be undertaken or carried out in that area-
(a) without obtaining a certificate from the concerned authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and
(b) without obtaining the permission in writing as provided for hereinafter:
Provided that no such permission shall be necessary-
(i) for the carrying out such works for the maintenance, improvement or other alteration of any building, which affect only the interior of the building or which do not mater
(1) Any person or body (excluding a department of the Central or the State Government or any local authority) intending to 1[carrying out any development or township project on any land] shall make an application in writing to the Planning Authority or Development Authority for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed.
1. Subs. by s. 4 of the West Bengal Town and Country (Planning and Development) (Amendment) Act. 2008 (West Ben. Act X of 2008) for "carrying out any development on any land".
(2) On such application having been duly made, and on payment of the development charge as may be assessed under Chapter IX,-
(a) the Planning Authority or the Development Authority may pass an order,-
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(1) Any applicant aggrieved by an order passed under section 46, or if no order is passed under that section, may appeal, within one month of the communication of that order to him or after the expiry of the period of three months from the date of submitting the application, as the case may be, in the manner and accompanied by such fees as may be' prescribed, to the State Government or any officer of the State Government appointed in this behalf.
(2) The State Government or the said officer, on receiving the appeal and after giving a reasonable opportunity of hearing to the appellant and the concerned authority, may dismiss the appeal or allow the appeal and pass order-
(a) granting permission unconditionally; or
(b) granting permission subject to such conditions as may be considered fit; or
(1) Every permission for any development granted under this Act shall remain in force for a period of one year from the date of such permission.
(2) The concerned authority may, on application made in this behalf before the expiry of the aforesaid period, extend the same for such times as it may think proper, but the total period shall in no case exceed three years.
(3) If any permission lapses under sub-section (1) or (2), such lapse shall not bar any subsequent application for fresh permission under this Act.
(1) Where any person, interested in the land and aggrieved by an order in appeal under section 47 refusing permission or granting permission subject to conditions, claims-
(a) that the land has become incapable of reasonably beneficial use in the existing state, or
(b) that the land, in a case where permission to develop has been granted subject to conditions, cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with the conditions,
he may within three months and in the manner prescribed serve on the State Government a notice (hereinafter referred to as an acquisition notice) requiring the State Government to acquire his interest in the land and a copy of the notice shall at the same time be served on the authority concerned.
(1) Where an order in appeal under section 47 refusing to grant permission or granting permission subject to conditions, relates to any of the following developments-
(a) re-erection of a building which has been destroyed or demolished so long as the cubic content of the original building is not exceeded by more than one-tenth;
(b) enlargement, improvement or other alteration of any building which was in existence on the date, the development plan relating to the area comes into operation for the first time, so long as the cubic content of the original building is not exceeded by more than one-tenth;
(c) carrying out, on 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 al
(1) If it appears to the Planning Authority or the Development Authority that it is expedient, having regard to the 1[Land Use and Development Control Plan] prepared or under preparation or to be prepared and to any other material consideration, that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Planning Authority or the Development Authority may, by order, revoke or modify the permission to such extent as appears to it to be necessary:
Provided that-
(a) where the permission relates to the carrying out of building or other operations, no such order shall,-
(i) affect such of the operations as have been previously carried out;
(ii) be passed after these operations have been completed;
&
(1) Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out development, or changes use of any land of building,-
2. Subs. by s. 8(a), ibid for "Development Plan.".
(a) in contravention of any 3[Land Use and Development Control Plan];
(b) without obtaining a certificate regarding development charge under clause (a) of section 45;
(c) without permission as required under this Act;
(d) in contravention of any condition subject to which such permission has been granted;
(e) after the permission for development has been revoked under section 51; or
(f) in c
(1) Where any development of land has been or is being carried out as mentioned in section 52, the Planning Authority or the Development Authority shall serve on the owner a notice requiring him, within a period of one month after the service of the notice, to take such steps as may be specified in the notice, which shall be-
(a) in cases specified in clauses (a), (c) or (e) of sub-section (1) of section 52 to restore the land to its condition before the said development took place;
(b) in a case specified in clause (b) of sub-section (1) of section 52 to pay the development charge and such penalty, if any, as may be prescribed;
(c) in cases specified in clauses (d) or (f) of sub-section (1) of section 52 to secure compliance with the conditions or with the permission as modified.
&nb
(1) Where any development of land as mentioned in section 52 is being carried out but has not been completed, the Planning Authority or the Development Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time of the service of such notice.
(2) Where such notice has been served, the provisions of clause (b) of subsection (4) and sub-section (5) of section 53 shall apply with such modifications as may be necessary:
Provided that the provisions of clause (a) of sub-section (4) of section 53 shall not apply and in spite of the filing of application under clause (a) or (b) of sub-section (3) of section 53 the notice shall continue to have full effect.
(3) If such notice is not complied with forthwith, th
(1) If it appears to the Planning Authority or the Development Authority that· it is expedient in the interest of the proper planning of its arrears (including the interest or amenities), having regard to the 1[Land Use and Development Control Plan] prepared, or under preparation, or to be prepared, and to any other material consideration-
(a) that any use of land should be discontinued; or
(b) that any conditions should be imposed on the continuance thereof; or
(c) that any building or works should be altered or removed, the Planning Authority or the Development Authority may, by notice served on the owner,-
(i) require the discontinuance of that use; or
(ii) impose such conditions, as may be specified i
Where the Planning Authority or the Development Authority, in the exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of 2[Land Use and Development Control Plan] before such 2[Land Use and Development Control Plan] has become operative, the concerned authority shall have regard to the provisions which, in its opinion, will be required to be included for securing the proper planning of the concerned area.
1. Subs. by s. 11(a) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Ben. Act XXVI of 1994) for "Development Plan.".
2. Subs. by s. 11 (b), ibid for "development plan".
A Development Authority may, as soon as may be, after the 1[Land Use and Development Control Plan] has been approved by the State Government, for the purpose of implementing the proposals contained in the 1[Land Use and Development Control Plan], prepare one or more development schemes for the area within its jurisdiction or any part thereof.
1. Subs. by s. 12 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Ben. Act XXVI of 1994) for "development plan".
(1) A scheme may be made in accordance with the provisions of this Act in respect of any land which is-
(a) in the course of development,
(b) likely to be used for building and other purposes, or
(c) already built upon.
Explanation.-The expression "land likely to be used for buildings and other purposes" shall include any land likely to be used as, or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreational grounds, parking spaces, or for the purpose of executing any work upon or under the land incidental to a scheme, whether in the nature of a building work or not.
(2) Such schemes may make provisions for all or any of the following matters:-
&n
The scheme shall contain, so far as may be necessary, the following particulars :-
(a) the area, ownership and tenure of all existing plots covered by the scheme;
(b) the land allotted or reserved under clause (f) of sub-section (2) of section 58 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses;
(c) a full description of all the details of the scheme under such clause of sub-section (2) of section 58 as may be necessary;
(d) the laying out or relaying out of the land either vacant or already built upon;
(e) the filling up or reclamation of low lying swamp or land to which damage has been caused by subsid
(1) In a scheme reconstituting the plots, the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes, and where a plot is already built upon, to ensure that the buildings, as far as possible, comply with the provisions of the scheme as regards open spaces.
(2) For the purpose of sub-section (1), the scheme may contain proposals-
(a) to form a final plot by reconstitution of an existing plot by alteration of the boundaries of the existing plot, if necessary;
(b) to, form a reconstituted plot from an existing plot by the transfer wholly or partly of the adjoining lands;
(c) to provide, with the consent of the owners, that two or more existing plots each of which is held in joint-ow
(1) As soon as may be, after the scheme under section 57 has been prepared, the Development Authority shall publish the scheme in the Official Gazette and in one or more local newspapers specifying the place or places where copies of the same may be inspected, and inviting objections in writing from any person with respect to the scheme within such period as may be specified in the notice which shall not be less than two months from the date of publication of the notice in the Official Gazette :
Provided that no such notice shall be required where land covered by the scheme has already been acquired and the execution of the scheme does not affect the interest of any person.
(2) Simultaneously with the publication of the scheme the Development Authority shall submit copies of the notice and of the scheme to the State Government drawing pa
(1) Notwithstanding anything contained in this Act the State Government may, after making such inquiry as it deems necessary, by notification, direct the Development Authority to make and publish in such manner as the State Government may direct, a scheme in respect of any land in regard to which a development scheme may be made.
(2) If the Development Authority fails to make the scheme within three months from the date of direction given under sub-section (1) or within such time as the State Government may extend from time to time, an officer shall be appointed by the State Government to make and publish and submit the scheme for the land to it and thereafter the provisions of this Act shall, as far as may be, apply to the making of such scheme.
(1) Where the Development Authority has published the scheme under subsection (1) of section 61, the State Government may, on an application of the Development Authority, by order published in the Official Gazette, suspend to such extent only, 'as may be necessary for the purpose of implementing the scheme, any rule, bye-law, regulation, notification or order made or issued under any law which the Legislature of the State is competent to amend.
(2) Any order issued under sub-section (1) shall cease to operate in the event of the scheme being withdrawn by the said authority either on its own motion or under the directions of the State Government under section 71.
(1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which the scheme has been published under sub-section (1) of section 61 and any entry in the records or rights or mutation register relevant to such disputed claims is inaccurate or inconclusive, an enquiry may be held on a submission being made by the Development Authority at any time prior to the date of final publication of the scheme under section 70, by such officer as the State Government may appoint for the purpose of deciding who shall be deemed to be owner for the purpose of this Act.
(2) The decision under sub-section (1) shall not be subject to appeal but it shall not operate as a bar to a regular suit.
(3) Such decision shall be corrected, modified or rescinded as may be necessary to give effect to the decree or orde
(1) On or after the date on which the scheme is published in the Official Gazette under sub-section (1) of section 61-
(a) no person shall within the area included in the scheme erect or proceed with any building work, remove, pull down, alter, make additions to or make any substantial repair to any building, part of a building a compound wall or any drainage work or remove any earth, stone or material, or sub-divide any land or change the use of any land or building unless such person has applied for and obtained necessary permission from the Development Authority in the form prescribed;
(b) the Development Authority. on receipt of an application referred to in clause (a) shall at once furnish the applicant with a written acknowledgement of its receipt and may, after an enquiry, either grant or refuse such permission or grant it subject
(1) Where the Development Authority thinks that in the interest of the public it is necessary to undertake forthwith any of the works included in a scheme for a public purpose the said Authority shall make an application to the State Government that the land required for the scheme shall vest in the Authority provided there is no building on it.
(2) The State Government may, if satisfied that it is urgently necessary in the public interest to empower the Development Authority to enter on such land for the purpose of executing any of such work, direct such Authority by notification to take possession of the land.
(3) The said Authority shall then give a notice in the prescribed manner to the person interested in the land. the possession of which is to be taken requiring him to give possession of the land to the said Authority or any' person authorised by it in this behalf within
(1) If the Development Authority is opposed or obstructed in taking possession of the land under section 66, it shall apply to the Commissioner of Police. 1[Kolkata], or to the District Magistrate of the District, within whose jurisdiction the land is situated to enforce the delivery of the possession of the land to the said Authority. The Commissioner of Police, 1[Kolkata], or the District Magistrate, as the case may be. shall taken or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary for securing the delivery of possession of the land to the Authority.
(2) For the avoidance of doubt, it is hereby, declared that the power to take steps under sub-section (1) includes the power to enter upon any land or other property whatsoever.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 200
Where possession of the land is taken by the Development Authority under sections 66 or 67, the person interested in such land shall be entitled to interest at the rate. of six per cent per annum on the amount payable to him under the, scheme in respect of the said land from the date on which such possession is taken till the date on which the amount is paid to him by the concerned Authority.
After the expiry of the period specified in sub-section (1) of section 61 the Development Authority shall examine the scheme in the light of the objections that may be received, giving a reasonable opportunity of being heard to all such interested persons who have filed objections arid who have made requests for being so heard in the manner prescribed and make such amendments in the scheme as may be considered proper and shall, as soon as may be, but not later than the time prescribed by the rules, prepare the scheme with or without modifications and submit it to the State Government together with a copy of the objections received by it and its decisions thereon.
(1) Simultaneously with the submission of the scheme to the State Government, the Development, Authority shall publish notice in the Official Gazette and in a local newspaper of the scheme and the place or places where copies of the scheme may be inspected.
(2) The public notice under sub-section (1) shall specify a date (which shall not be earlier than one month after the date of the publication of the notice) on which the scheme shall take effect and come into force:
Provided that the State Government may, from time to time, by notification, postpone such date, by such period not exceeding three months at a time as it thinks fit.
(3) The publication of the notice under sub-section (1) shall be-
(a) conclusive evidence that the scheme has been duly
(1) If at any time before the publication of the notice of the scheme under section 70, a representation is made to the Development Authority in this behalf by a majority of the owners in the area that the scheme should be withdrawn, the Development Authority shall invite from all persons interested in the scheme objections to such representation.
(2) After receiving the objections, if any, and after making such inquiry as it may think fit, the Development Authority may, by notification, withdraw the scheme or any part thereof and upon such withdrawal, no further proceedings shall be taken in regard to such scheme or such part.
(3) Simultaneously with such withdrawal,' the Development Authority shall submit to the State Government the copy of the notice withdrawing the scheme and a report of its enquiry 'made in this behalf.
(4) At an
On and after the day on which a scheme comes into force-
(a) all lands required by a Development Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the said Authority free from all encumbrances;
(b) all rights in the existing plots which have been reconstituted shall determine, and the reconstituted plots shall become subject to the rights settled by the Development Authority;
(c) the said Authority shall hand over possession of the reconstituted plots to the owners to whom these are allotted in the scheme.
(1) As soon as may be after publication of the notice of the scheme in the Official Gazette under sub-section (1) of section 70, but not later than the time prescribed by rules, the Development Authority shall, in accordance with the procedure that may be prescribed, proceed to-
(a) define, demarcate and decide the areas allotted to, or reserved, for the public purpose or purposes of the said Authority, and also the reconstituted plots;
(b) decide the person or persons to whom a reconstituted plot is to be allotted; when such plot is to be allotted; and when such plot is not to be allotted to persons in ownership in common, decide the shares of such persons;
(c) estimate the value of and fix the difference between the values of the existing plots and the values of the reconstituted plots inclu
(1)(a) From every decision of the Development Authority in matters arising out of clauses (a), (b), (c), (n) and (o) of sub-section (1) of section 73, an appeal shall lie within one month from the date of the decision, to the authority to be prescribed.
(b) Any person aggrieved by the order of the prescribed authority under clause (a) may prefer an appeal within sixty days from the date of the order of the prescribed authority, to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated.
(c) The District Judge may hear the appeal or transfer the appeal filed before him to an Additional District Judge for disposal.
(d) The District Judge or the Additional District Judge, as the case may be, may after hearing the parties either direct the conce
(1) As soon as may be, after the Development Authority has decided all the matters referred in sub-section (1) of section 73, the State Government shall, if necessary, appoint a Tribunal of Appeal, hereinafter referred to as the Tribunal, to hear and decide appeals arising out of matters referred to in clause (a) of sub-section (2) of section 74.
(2) The Tribunal shall consist of a Chairman and two Assessors.
(3) The Chairman shall be an officer of the rank of District Judge or such Judicial Officer as may be appointed by the State Government.
(4) The Chairman shall appoint fit and proper persons as Assessors who shall, as fair as possible, have knowledge, or experience of town planning, valuation of land or civil engineering.
(5) The Chairman and t
The Tribunal may sit either at the headquarters of the Chairman or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Tribunal.
All questions of law and procedure shall be decided by the Chairman. All other questions shall be decided by the Chairman and the two Assessors or by a majority.
(1) The Tribunal shall, after hearing, either confirm the proposals of the Development Authority or direct it, where necessary, to reconsider, vary or modify its proposals.
(2) Every decision of the Tribunal shall be final and binding on all the parties including the Development Authority. A copy of the decision of the Tribunal shall be sent to such Authority.
Nothing contained in this Act shall be deemed to constitute the Tribunal to be a Civil Court.
(1) The Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the State Government may, from time to time, decide:
Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the State Government may authorise the Chairman and the Assessors, even if they are salaried Government Officers, to receive such special salary or remuneration, as the State Government may, by order, decide from time to lime.
(2) The salary of the Chairman of the Tribunal or an Assessor who is a salaried Government Officer, and any remuneration payable under sub-section (1) of this section and all expenses incidental to the working of the Tribunal shall, unless the State Government otherwise determines, be defrayed out
(1) Where no appeal has been preferred under section 74, the decision of the Development Authority shall be final and binding on the parties.
(2) Where an appeal has been preferred under section 74 and a copy of the decision in appeal is received by the concerned Authority, it shall then, where necessary, make variations in the scheme in accordance with such decision and may also rectify such errors or omissions, if any, as may have been brought to its notice after publication of notice of the scheme and shall also forward such schemes or schemes together with a copy of its decisions and a copy of the decisions in appeal to the State Government.
(1) On and after the day on which a scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the scheme may, in accordance with the prescribed procedure, be summarily evicted by the Development Authority or any of its officers authorised in that behalf.
(2) If the Development Authority is opposed or obstructed in evicting such persons or taking possession of land from such persons, the Commissioner of Police, 1[Kolkata] or the District Magistrate, within whose jurisdiction the land is situated, shall, on the application of the Authority, enforce the eviction of such persons or secure delivery of possession of the land to such Authority.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
(1) On and after the day on which the notice of a scheme has been published under section 70, the Development Authority may, after giving the prescribed notice,-
(a) remove, pull down, or alter any building or other work in the area included in the scheme which contravenes the scheme or in the erection of which or carrying out of which, any provision of the scheme has not been complied with;
(b) execute any work which is the duty of any person to execute under the scheme, in any case where it appears to the concerned Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.
(2) Any expenses incurred by the Development Authority under this section may be recovered from the person in default or from the owner of the existing plot in the manner provi
(1) If after the scheme has come into force the Development Authority considers that the scheme is defective on account of an error, irregularity or infirmity or that the scheme needs variation or modification of a minor nature, the Development Authority shall prepare and publish by notification a draft of such variation.
(2) The draft variation published under sub-section (1) shall state every amendment proposed to be made in the scheme, and if any such amendment relates to a matter specified in any of the clauses of subsection (2) of section 58, the draft variation shall also contain such other particulars as may be prescribed.
(3) The draft variation shall be open to inspection of the public at the office of the Development Authority during the office hours.
(4) Not later than one month of
A development scheme may, at any time, be varied by a subsequent scheme made and published in accordance with this Act:
Provided that, when a scheme is so varied, the provisions of this Act, shall, as far as may be, apply to such variation and making of subsequent scheme; and the date of publication of the varied scheme, shall, for the purposes of sections 63, 65, 87, 88 and 90 be deemed to be the date of publication of the scheme referred to in those sections.
In the event of a development scheme being withdrawn the costs of the scheme shall be borne by the Development Authority or be paid to such Authority by the owners concerned, in such proportion as the State Government may in each case determine.
(1) The cost of a development scheme shall include-
(a) all sums payable by the Development Authority which are not specifically excluded from, the cost of the scheme;
(b) all sums spent or estimated to be spent by the Development Authority in the making and in the execution of the scheme, the estimates for works included in the scheme being made on the date the notice of the scheme is published under section 70;
(c) all sums payable as compensation for land reserved or allotted for any public purpose or purposes of the Development Authority which is solely beneficial to the owners or residents within the area of the scheme;
(d) such portion of the amount payable for land reserved or allotted for any public purpose or purposes of the Development Aut
For the purposes of this Act, the increment shall be deemed to be the amount by which, on the date of the publication of the scheme under section 61, the market value of any plot with reference to the improvements contemplated in the scheme, on the assumption that the scheme has been completed; would exceed on the same date the market value of the same plot estimated without reference to such improvement:
Provided that in estimating such value, the value of building or other works erected or in course of erection on such plot shall not be taken into consideration.
(1) The cost of the scheme shall be met wholly or in part by contribution to be levied by the Development Authority on each plot included in the scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Development Authority :
Provided that (a) no such contribution shall exceed the increment estimated by the Development Authority to accrue in respect of each plot;
(b) where a plot is subject to mortgage with possession or to a lease, the Development Authority shall determine in- what proportion the mortgagee or lessee on the one hand and the mortgagor or lessor on the other hand, shall pay such contribution;
(c) no such contribution shall be levied on a plot used, allotted or reserved, for a public purpose or purposes of the Development Author
The amount by which the total value of reconstituted plots included in a scheme with all the buildings and works thereon allotted to the person falls short of or exceeds the total value of the existing plots with all the buildings and works thereon of such person shall be deducted from or added to, as the case may be, the contribution leviable from such person each of such plots being estimated at its market value on the date of publication of the scheme under section 61 and without reference to improvements contemplated in the scheme other than improvement due to the alteration of its boundaries.
Any right in an existing plot which, in the opinion of the Development Authority, is capable of being transferred wholly or in part, without prejudice to the making of a development scheme to a reconstituted plot shall be so transferred and any right in an existing plot which, in the opinion of the Development Authority is not capable of being so transferred shall be extinguished:
Provided that an agricultural lease shall not be transferred from an existing plot to a reconstituted plot without the consent of all the parties to such lease.
The owner of any property or right which is injuriously affected by the making of a development scheme shall, subject to provisions of section 91, if he makes a claim before the Development Authority within sixty days of the receipt of the notice from such Development Authority, be entitled to obtain an amount in respect thereof from the said Authority or from any person benefited or partly from such Authority and partly from such person as the said Authority may in each case determine.
(1) No amount shall be payable in respect of any property of private right of any sort which is alleged to be injuriously affected by reason of any provisions contained in the development scheme, if under any other law for the time being in force applicable to the area for which such scheme is made, no amount is payable for such injurious affection.
(2) Property or a private right of any sort shall not be deemed to be injuriously affected by reason of any provision contained in a development scheme, which with a view to securing the amenity of the area included in such scheme or any part thereof, imposes any conditions and restrictions in regard to any of the matters specified in clause (b) of section 59.
If the owner of a plot attracted by a scheme is not provided with another plot in the scheme or if the contribution to be levied from him under section 90 is less than the total amount to be deducted there from under any of the provisions of this Act, the net amount of his loss shall be payable to him by the Development Authority in cash or in such other way as may be agreed upon by the parties.
(1) If for any cause the total amount which would be due to the Development Authority from the owner of a plot to be included in the scheme exceeds the value of such plot estimated on the' assumption that the scheme has been completed, the said Authority shall direct that owner of such plot to make payment of such excess amount to it.
(2) If such owner fails to make such payment within the prescribed period, the said Authority shall acquire the plot of such defaulter by paying the value of such plot estimated at its market value on the date of publication of the scheme under section 61 and without reference to improvements contemplated in the scheme, and apportion the compensation among the owner and other persons interested in the plot, and thereupon the plot included in the scheme shall vest absolutely in the said Authority free from all encumbrances, but subject to the provision
(1) All payments due to be made to any person by a Development Authority shall, as far as possible, be made by an adjustment in such person's account with such Authority in respect of the reconstituted plot concerned or of any other plot in which he has an interest and failing such adjustment, he shall be paid in cash or in such other way as may be agreed upon by the parties.
(1) The net amount payable under the provisions of this Act by the owner of a plot included in a scheme may at the option of the contributor be paid at a time or in annual instalments not exceeding ten. If the owner elects to pay the amount by instalments, interest at six per cent. per annum shall be charged on the net amount payable. If the owner of a plot fails to elect the option on or before the date specified in a notice issued to him in that behalf by the Development Authority, he shall be deemed to have elected the option of paying contribution by instalments and the interest in the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make an election as aforesaid:
Provided that, where an owner elects to pay the amount at a time but fails to do so interest at six per cent. per annum shall be payable by him to
(1) A Development Authority shall competent to make any agreement with any person in respect of any matter which is to be provided for in the development scheme subject to the power of the State Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the development scheme comes into force.
(2) Such an agreement shall not in any way affect the determination of the matters as standing in section 73 or the rights of third parties, but it shall be binding on the parties to the agreement:
Provided that if any agreement contains any provisions which are inconsistent with the scheme as published by the Development Authority under section 61, such an agreement shall be void:
Provided further that, if the agreement is modified by the
Any sum due to a Development Authority under the provision of this Act or any rule or any regulation made thereunder shall be a first charge on the plot on which it is due, subject to the prior payment of the land revenue, if any, due to the State Government thereon and if it is not paid on demand on the day on which it becomes due or on the day fixed by the said Authority, it shall be recoverable by such Authority as arrears of land revenue.
Where after completing and meeting all the costs of a scheme as provided in this Act, any amount from the sums paid to the Development Authority remains as surplus, such Authority shall, in consultation with the owners of the plots, spend the same amount for providing further amenities within the area of the scheme.
(1) The Development Authority shall complete all the works provided in a scheme within the period prescribed:
Provided that, in exceptional circumstances on application by the said Authority, the State Government may, by order in writing specifying these circumstances, grant to such Authority further extension of time as it may think fit.
(2) If the Development Authority fails to complete the work within the prescribed period or within the period extended under the proviso to subsection (1), the State Government may appoint any of its officers to complete such works at the cost of the said Authority.
1[(1) In accordance with the provisions of this Act, and the rules made thereunder and with the previous sanction of the State Government, every Planning Authority or Development Authority shall, by notification, levy a charge (hereinafter called the development charge) on the carrying out of any development or change of use of land, for which permission is required under Chapter VII, in the whole or any part of the Planning Area, at rates not exceeding those notified under section 103 :
Provided that the rates may be different for different parts of the Planning Area.
Explanation.-For the purposes of this sub-section, 'development' shall, in addition to those mentioned in clause (7) of section 2, also include the institution of use of any land specified in clause (a) of section 103.]
1. Sub-s
The State Government shall, by notification, fix up the rates of development charge for the following :-
(a) for the institution of use-
(i) for residence,
(ii) for industry,
(iii) for commerce,
(b) for change of use-
(i) from agriculture to residence,
(ii) from agriculture to industry,
(iii) from agriculture to commerce,
(iv) from residence to industry,
(v) from residence to commerce,
(vi) from industry to residence,
&
(1) Any person who intends to carry out any development or to change any use of any land for which permission under Chapter VII is necessary, whether he has applied for such permission or not, or who has commenced the carrying out of any such development or has carried out such development or change of any such use, shall apply to the Planning Authority or the Development Authority for the assessment of development charge payable in respect thereof.
(2) The said Authority shall; on such application being made or, if no such application is made, after serving a notice on the person liable for development charge, determine whether or not, and if so, what development charge is leviable in respect of that development or use or change in use.
(3) The said Authority shall after giving a reasonable opportunity of hearing to the person who has m
(1) Any person liable for such development charge dissatisfied with the order of assessment may within thirty days from the date of the order appeal to the State Government.
(2) On an appeal made under sub-section (1), an officer of the State Government appointed in this behalf shall, after giving a reasonable opportunity of hearing to such person and the Planning Authority or Development Authority concerned, pass such order as he deems fit.
(1) If any development of land is commenced or carried out or any use is changed without payment of the amount of the development charge, such development charge shall, subject to prior payment of the land revenue, if any, be a first charge upon the land involved and also in any other land in which such person has any interest.
(2) The development charge shall be recoverable as arrears of land revenue.
(1) Notwithstanding anything contained in the foregoing provisions of this chapter, every Planning Authority or Development Authority may, in accordance with the provisions of this Act and the rules made thereunder and with the previous sanction of the State Government, by notification, levy a charge (hereinafter called the civic amenity charge) for extending such civic amenity to the whole or any part of the Planning Area and at such rate as may be prescribed.
(2) The civic amenity charge shall be recoverable as arrears of land revenue.
Explanation.-For the purposes of this section, "civic amenity" shall have the same meaning as in the West Bengal Government Townships (Extension of Civic Amenities) Act, 1975 (West Ben. Act. XLII of 1975).]
1. Section 106A ins. by s. 2 of the West Bengal Town and Country (Planning and Development) (Am
(1) Every Planning Authority or Development Authority (other than the 2[Kolkata] Metropolitan Development Authority) shall have and maintain its own fund to which shall be credited-
(a) all moneys received by the said Authority from the State Government by way of grants, loans, advances or otherwise;
(b) all development charges or other charges or fees received by the said Authority under this Act or rules or regulations made thereunder; and
(c) all moneys received by the said Authority from any other source.
(2) Every such Authority may keep in current account in any branch of the State Bank of India, or any other Bank approved by the State Government in this behalf, such portion of its fund as may be prescribed and any money in excess of the said
(1) There shall be a fund for the 2[Kolkata] Metropolitan Development Authority to which shall be credited-
(a) such moneys as may be paid to it by the State Government under the Taxes on Entry of Goods into 2[Kolkata] Metropolitan Area Act, 1972 (West Ben. Act V of 1972);
(b) all moneys borrowed by it;
(c) such other moneys as may be received by it from the State Government or from any other authority or source.
(2) The 2[Kolkata] Metropolitan Development Authority shall maintain a sinking fund for the repayment of money borrowed by it, and shall every year deposit into the said fund such moneys as may be paid to it by the State Government under the Taxes on Entry of Goods into 2[Kolkata] Metropolitan Area Act, 1972.
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The State Government may make such grants, advances and loans to any Planning Authority or Development Authority (including the 1[Kolkata] Metropolitan Development Authority) as it may deem necessary for the performance of the functions under this Act and all such grants, loans and advances made shall be on such terms and conditions as the State Government .may determine.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
Every Planning Authority or Development Authority shall prepare every year, in such form and within such time as may be approved by the State Government, a budget in respect of the next financial year, showing the estimated receipts and expenditure of such Authority.
(1) Every Planning Authority or Development Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be approved by the State Government.
(2) The audit of the accounts of the Planning Authority or Development Authority shall be made by such person as may be appointed by the State Government.
(3) The audit shall be made in such manner as may be prescribed.
(4) The auditor shall submit his report to the concerned Authority and shall forward a copy thereof to the State Government.
As soon as may be after the close of a year, the Planning Authority or the Development Authority shall prepare a report of its activities during the preceding year and submit it to the State Government in such form and on or before such date as may be prescribed.
(1) Every Planning Authority or Development Authority shall constitute, for the benefit of its whole-time paid members, officers and other employees, in such manner and subject to such conditions as may be prescribed, such provident funds as it may deem fit.
(2) Where any such provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government Provident Fund.
An Authority constituted or deemed to have been constituted under this Act, may, from time to time, borrow at such rate of interest and for such period and upon such terms, as the State Government may approve, any sum of money required for carrying out the purposes of this Act or servicing any loan obtained by it.
1. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (w.r.e.f. 1.1.2001) for "Calcutta".
(1) Any officer of the Planning Authority or the Development Authority authorised in this behalf may enter into or upon any land or building with or without assistance or workmen for the purpose of-
(a) making any enquiry, inspection, measurement or surveyor taking levels of such land or building;
(b) setting out boundaries and intended lines of works;
(c) specifying such levels, boundaries and lines by placing marks and cutting trenches;
(d) examining works under construction and ascertaining the course of sewers and drains;
(e) digging or boring into the sub-soil;
(f) ascertaining whether any land is being or has been developed in contravention of any provisi
All documents including bills, notices and orders required by this Act or any rule or regulation made thereunder to be served upon or issued or presented to any person shall, save as otherwise provided in this Act or rule or regulation, be effected-
(a) by giving or tendering the said document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode or by giving or tendering the same to some adult member or servant of his family; or
(c) if his address elsewhere is known, by forwarding such document to him by registered post under a cover bearing the same address; or
(d) if none of the means as aforesaid is available, by causing a copy of such document to be affixed on some conspicuous part of the land or building, if any, to which the doc
Every public notice given under this Act or rules or regulations made thereunder shall be in writing over the signature of such officer who may be authorised in this behalf by any Planning Authority or Development Authority and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by proclaiming the same by beat of drum or by advertisement in a local newspaper and by such other means which the concerned authority thinks fit.
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder, requires anything to be done for the doing of which no time is fixed, the notice, order or other document shall specify a reasonable time for doing the same.
All permissions, orders, decisions, notices and other documents of the Planning Authority or the Development Authority shall be authenticated, by the signature of the Secretary of the concerned authority or such other officer as may be authorised by the Planning Authority or the Development Authority in this behalf.
A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of any Planning Authority or Development Authority, if duly authenticated by the person authorised by the concerned Authority, shall be received and admitted as evidence of the matters and transactions therein recorded to the same extent, as the original entry or document would, if produced, have been admissible to prove such matters.
No officer or employee of any Planning Authority or Development Authority shall, in any legal proceedings to which such Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as witness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.
(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and 'punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any
If any person-
(a) obstructs, or molests any person engaged or employed by any Planning Authority or Development Authority, or any person with whom any such Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of work authorised under this Act, he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Planning Authority or the Development Authority concerned or any officer authorised by such authority in this behalf.
(1) The Planning Authority or the Development Authority concerned or any person authorised in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.
(2) The composition of an offence under sub-section (1) shall have the effect of an order of acquittal.
Every party to any proceeding before the Tribunal constituted under this Act, shall be entitled to appear either in person or by his agent authorised in writing in that behalf.
For the purpose of this Act, any Authority or an officer appointed under the provisions of this Act to discharge the function of the Authority or the Tribunal may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means and as far as possible in the same manner as is provided in the case of Civil Court by the Code of Civil Procedure, 1908 (5 of 1908).
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence punishable under this Act.
All fines realised in connection with prosecution under this Act shall be paid to the Planning Authority or the Development Authority concerned.
Every member and every officer or other employee of a Planning Authority or Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by any Planning Authority or Development Authority shall be final and shall not be questioned in any suit or other legal proceeding.
(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of-
(a) the existence of any vacancy, initial or subsequent, in or any defect in the constitution of any Planning Authority or Development Authority;
(b) any person having ceased to be a member;
(c) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
(d) any omission, defect or irregularity not affecting the merits of the case.
(2) Every meeting of any Planning Authority or Development Authority shall be presumed to have been duly convened and to be free from all defects and irregularities.
Any Planning Authority or Development Authority may, by resolution, direct that any power exercisable by it under this Act or rules or regulations made thereunder 1[(except the powers to make regulations)] may also be exercised by any local authority or any officer of the State Government with previous consent of the State Government, or any officer of the Planning Authority, Development Authority or local authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
1. Subs. by s. 3 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1993 (West Ben. Act VII of 1993) for "(except the power to prepare any development plan or development scheme to make regulations)".
(1) Every Planning Authority or Development Authority shall carry out such directions as may be issued from time to time by the State Government for the efficient administration of this Act.
(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Planning Authority or Development Authority, any dispute arises between the Planning Authority, Development Authority, the local authority and the State Government, the decision of the State Government on such dispute shall be final.
Every Planning Authority or Development Authority shall furnish to the State Government such reports, returns and other information as the Government may from time to time require.
(1) The provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.
(2) Notwithstanding anything contained in any other law-
(a) when permission for development in respect any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under any other law for such development has not been obtained; this shall not, however, be construed as exemption to the application for permission and of payments of such fees and charges as required by such other law,
(b) when permission for such development has not been obtained under this Act, such development shall not be de
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the functions and powers of the Planning Authority and Development Authority;
1[(aa) regulation of building operation within the Planning Area by a Planning Authority or a Development Authority or any other authority under section, 13A;]
1. Clause (aa) ins. by s. 3 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 2006 (West Ben. Act III of 2006) (w.r.e.f. 14.12.2005).
(b) the term of office and conditions of service o
Any Planning Authority or Development Authority may, with the previous approval of the State Government, made regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act and without prejudice to the generality of this power such regulations may provide for,-
(a) the time and place of holding and procedure to be followed in meetings of the Planning Authority, Development Authority and Advisory Committee, and the number of members necessary to form a quorum therein;
(b) the powers and duties of the officers and employees of the Planning Authority and Development Authority;
(c) the salaries, allowances and conditions of service of its officer and employees;
(d) the terms and conditions for the continuance o
All rules made under this Act shall be laid for not less than thirty days, before the State Legislature, as soon as may be, after they are made and shall be subject to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following.
(1) Where the State Government is satisfied that the purposes for which any Planning Authority or Development Authority was established under this Act have been substantially achieved so as to render the continued existence of such authority unnecessary, it may, by notification, declare that the authority in question shall be dissolved with effect from such date as may be specified in the notification, and the concerned authority shall stand dissolved accordingly.
(2) With effect from the date specified in sub-section (1)-
(a) all properties, funds and dues which are vested in, or realisable by, the Planning or the Development Authority shall vest in or be realisable by the State Government;
(b) all liabilities which are enforceable against the concerned authority shall be enforceable against
A. West-bank of the river Hooghly
1. Northern boundary
In District Hooghly :
A line starting from the point where a straight line drawn eastward along the northern boundary of mouza Jatrasudi (J.L. No. 30) meets the eastern boundary-line of the Hooghly District in the river Hooghly and proceeding westward along the northern boundaries of mouzas Jatrasudi (J.L. No. 30), Refaitpur (J.L. No. 29), Banipur (J.L. No. 34), north-western boundary of mouza Tribeni Baikunthapur (J.L No. 36), and northern boundary of mouza Amodghata (J.L. No. 40) within P. S. Magra.
2. Western boundary In District Hooghly :
The aforesaid line then bends southward and runs along the western boundaries of the said mouza Amodghata (J.L
A. Amendments to the [Kolkata] Improvement Act, 1911
1. In sub-section (2) of section 17, for clause (a), the following clause shall be substituted, namely :-
"(a) the Chairman-such period not exceeding three years as may be fixed by the State Government:
Provided that the State Government may, if it thinks fit, extend or reduce the period from time to time.".
2. For section 177, the following sections shall be substituted, namely :-
"177. Power of State Government to supersede the Board.-(1) If in the opinion of the State Government it is necessary so to do with a view to better co-ordination and speedier execution of development work and maintenance thereof the State Government may, by an order publishe
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