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Odisha Development Authorities Act, 1982
(1) This Act may be called the Odisha Development Authorities Act, 1982.
(2) It shall extend to the whole of the State of Odisha.
(3) It shall come into force on such date and in such area or areas as the State Government may by notification appoint, and different dates may be appointed in respect of different areas.
In this Act, unless the context otherwise requires-
(1) Upon enforcement of this Act in any area or areas under Sub-section (3) of Section 1, the State Government shall, for the purposes of proper development of such area or areas, by notification, declare such area or areas to be a development area for the purposes of this Act and shall assign a name to such area.
(2) The State Government may, by notification and in accordance with such rules as may be made in that behalf— (a) exclude from a development area comprised therein; or (b) include in a development area any other area.
(3) As soon as may be after the declaration of a development area under Sub-section (1), the State Government shall, by notification, constitute for the said development area a Development Authority with effect from such date as may be specified therein. Provided that the State Government may, by notification and in accordance with such rules as may be made in this behalf, exclude any area from a development area of two or more Development Auth
(1) Any Authority may, by notification, declare a part of the development area under its jurisdiction to be a Special Planning Area.
(2) As soon as may be, after the declaration of Special Planning Area under sub-section (1), the Authority may, by notification, designate a Local Authority or other Authority constituted or incorporated under the provisions of any State Act, to be Special Planning Authority for such Special Planning Area.
(3) Any power exercisable by the Authority under this Act except the power to make regulations, may also be exercised by such Special Planning Authority to such limits and on such terms and conditions as may be specified in the notification issued by the Authority in this behalf.
(1) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint a Secretary and such number of other officers and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and may determine their designation and grades.
(2) The Secretary and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
(3) Notwithstanding anything contained in this Act or in the rules or regulations made thereunder, for the purpose of smooth and efficient administration of the affairs of the Authorities, the State Government may, at the instance of any Authority or otherwise, direct any Authority for transfer of any officer or employee of such Authority, by way of deputation, to another Authority f
(1) The State Government shall, as soon as may be after the constitution of the Authority, by notification, constitute an advisory Council for the purpose of advising the Authority on the preparation of development plans and development schemes and on such other matters relating to the planning of development, or arising out of, or in connection with, the administration of this Act as may be referred to it, by the Authority.
(2) The Advisory Council shall consist of the following members, namely: (a) The President, who shall be appointed by the State Government; (a-1) the Vice-Chairman, member ex officio; (b) the members of the Authority referred to in Clauses (g) and (h) of Sub-section (5) of Section 3, member ex officio; (c) a member of the Odisha Legislature, representing the whole or any part of the development area, to be nominated by the State Government-member; (d) other members not exceeding fifteen in number to be nominated by the State Government of whom at least fi
(1) The Authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members 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 time and place 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 those who are members of the Authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Authority, as may be determined by regulations made in this behalf.
The Authority may, for the purpose of carrying out any of the objects of this Act and with the approval of the State Government, constitute as many Special Purpose Vehicles as may be considered necessary consisting wholly of members or partly of members and partly of other persons.
The objects of the Authority shall be to promote and secure the development of all or any of the area comprised in the development area concerned according to plan by itself or through a Special Purpose Vehicle constituted for the purpose or through an agency or a Developer Entity and for that purpose the Authority shall have power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage, and other services and amenities and generally to do anything (including controlling development and coordinating developmental programmes of related agencies) necessary or expedient for purposes of such development and for purposes incidental thereto : Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.
(1) The Authority shall, as soon as may be, prepare in interim development plan for the whole or part of the development area concerned : Provided that if before the constitution of an Authority for any development area, a Master Plan of such development area or part thereof has been published under Section 31 of the Odisha Town Planning and Improvement Trust Act, 1966 (Odisha Act 10 of 1957) or approved under Section 32 of the said Act, the said Master Plan shall be deemed to be an interim development plan published by the Authority or, as the case may be, approved by the State Government under the relevant provision of this Act.
(2) The interim development plan shall indicate broadly the manner in which the area covered by it shall be used and shall contain zoning regulations regulate the development in each zone.
(1) Simultaneously with the preparation of the interim development plan or immediately, thereafter, the Authority shall carry out a civic survey and prepare a comprehensive development area or the part thereof, as the case may be : The comprehensive development plan shall- (a) define the various zones into which the land covered by the comprehensive development plan may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be sued (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out ; and (b) serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared.
(2) The comprehensive development plan may provide for any other matter which is necessary for the proper development of the area covered by such plan and for the health, comfort, convenience and general betterment of the present and fut
(1) Simultaneously with the preparation of comprehensive development plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development plan for each of zones into which the area covered by the comprehensive development plan may be divided.
(2) A zonal development plan may - (a) contain a site-plan and use-plan for the development of the area covered, by the zonal development plan and show the approximate location and extent of land-uses proposed in that area for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, market, schools, hospitals and other categories of public and private uses; (b) specify the standards of population density and building density; (c) show every area which may, in the opinion of the Authority, be required or declared for development or re-development; (d) provide for all, or any of, the matters that have to be or may be indicated, defined or
(1) Simultaneously with the preparation of zonal development plan or as soon as may be thereafter, the Authority shall proceed with the preparation of local development plan for each of the sectors into which the area covered by zonal development plan has been divided: Provided that the Authority may proceed with the preparation of local development plan for any area, which is part of the development area, but for which no interim, comprehensive or zonal development plan, has been prepared and in such cases, local development plans so prepared shall be incorporated as such in those development plans, as and when they are prepared and approved by the Authority.
(2) A local development plan shall contain a site plan with a detailed road network plan for providing access to each plot and the proposed use of each plot of land in the areas under local development plan with provision of amenities besides the matters provided in sub-section (2) of section 10.
The Authority shall, at the time of preparation of development plans, earmark twenty percentum of the vacant land under residential land use for making provisions of housing facilities for Economically Weaker Sections and Lower Income Group categories.
Explanation. – For the purpose of this section, the expression, — (i) “Economically Weaker Section” means the section of persons whose household income is up to the limit prescribed by the State Government, from time to time; and (ii) “Lower Income Group” means group of persons whose household income is up to the limit prescribed by the State Government, from time to time.
Every development plan shall, as soon as may be after its preparation, be submitted by the Authority to the State Government for approval, and the State Government, in consultation with the Director, may, either approve the plan without modifications or with such modifications as it may consider necessary, or reject the development plan, with direction to the Authority to prepare a fresh development plan on lines indicated by the Government.
(1) Before preparing any development plan finally and submitting it to the State Government for approval, the Authority shall prepare a development plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the draft development plan before such date as may be specified in the notice, not being earlier than sixty days from the publication of the notice.
(2) The Authority shall also give reasonable opportunity to every local authority within whose limits any land covered wholly or partly by the development plan is situated, to make any representation with respect to the development plan.
(3) After considering all objections, suggestions and representations that may have been received by the Authority and after giving reasonable opportunity of being heard, to any person including represen
(1) As soon as may be after a development plan has been approved by the State Government, the Authority shall publish the approved development plan in such manner as may be prescribed by regulations and shall also publish a notice in the Gazette and in at least one local newspaper stating that the development plan has been approved and mentioning the hours and the place where a copy of the development plan may be inspected.
(2) A notice under Sub-section (1) shall be conclusive evidence that the development plan has been duly prepared and approved. The said plan shall come into operation from the date of publication of such notice in the Gazette.
(3) After coming into operation of the comprehensive development plan, the interim development plan shall stand superseded and shall become inoperative and the provisions of the comprehensive development plan shall have effect.
(4) After coming into operation of the zonal development plan of any zone, the provisions of
(1) The Authority may make any modifications to any development plan as it thinks fit, being modifications, which, in its opinion, do not affect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of population density.
(2) The State Government may make any modifications to any development plan whether such modifications are of the nature specified in Sub-section (1) or otherwise.
(3) Before making any modifications to the development plan, the Authority or, as the case may be, the State Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the State Government.
(4) Every modification made under the provisions
(1) Notwithstanding anything contained in any other law, after the constitution of an Authority for any development area under Sub-section (2) of Section 3, no person including a department of the Central or a State Government or a local authority or a body corporate constituted under any law shall within the development area— (i) subdivide or amalgamate through lay out any land for utilising, selling, leasing out or otherwise disposing it of unless he, after obtaining written permission from the Authority, lays down and makes a street or streets giving access and right of way to all final plots into which he intends to subdivide the land so as to connect them with an existing public or private street and also provides amenities, if any, specified by the development plan in operation or regulations pertaining to planning or building standards made in this behalf. (ii) institute or change the use of any land or building or undertake or carry out any development in any building or in
(1) Every person including a department of the Central Government or a State Government or a local authority or a body corporate constituted under any law intending to— (a) subdivide or amalgamate his land for utilising, selling, leasing out or otherwise disposing it of; or (b) institute or change the use of any land or building or under take or carry out any development in any building; or in or over any land, except where such development is for any of the purposes specified in the proviso of Sub-section (1) of Section 15; shall make an application in writing to the Authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed by regulations.
(2) Every application under Sub-section (1) shall be accompanied by such fee as may be prescribed by rules.
(3) On receipt of any application for permission under Sub-section (1), the Authority shall furnish the applicant with a written acknowledgement of its receipt
(1) Notwithstanding anything contained in this Act or in the Rules or Regulations made thereunder, for the purpose of simplification of process for grant of permission by the Authority under section 16, the State Government may prescribe Common Application Form to be used by persons requiring such permissions.
(2) Every person shall make a Common Application to the Authority in such Form, in such manner and subject to such conditions as may be prescribed.
(3) On receipt of Common Application Forms, the Authority shall transmit copies of such applications to all such Departments and Agencies of the State Government from which No Objection Certificates are required before grant of permission by the Authority and such Departments and Agencies of the State Government shall consider for grant of such No Objection Certificates to the Authority as per the time limits fixed in the rules and in the event of failure of any Department or Agencies of the State Government to commun
If at any time after permission for development has been granted under Sub-section (3) of Section 16, the Authority is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the application for such permission, it may, by order in writing and for reasons to be recorded cancel such permission and any development undertaken in pursuance of such permission shall be deemed to have been undertaken without permission as required under Section 15: Provided that before making any such order the Authority shall give reasonable opportunity to the person affected to show cause as to why such order of cancellation should not be made.
(1) Any applicant aggrieved by an order under Section 16 or Section 17 may, in such manner and accompanied by such fee as may be prescribed by rules prefer an appeal within forty-five days of the receipt of the order to the State Government or an officer appointed by the State Government in this behalf.
(2) The appellate authority may, after giving a reasonable opportunity to the appellant and the Authority of being heard, by order, either dismiss the appeal or allow it by passing an order granting permission unconditionally or granting permission subject to such condition, as it may think fit, or removing the conditions subject to which permission has been granted and imposing conditions, if any as it may think fit.
(3) The decision of the appellate authority shall be final and shall not be questioned in any Court of law.
After the coming into operation of any of the development plans in any area no person shall use or permit to be used any land or building in that area otherwise than in conformity with such development plan: Provided that it shall be lawful to continue the use upon such terms and conditions as may be prescribed by regulations made in this behalf of any land or building for the purpose and to the extent for and to which it is being used upon the date on which such development plan comes into force.
Every permission granted under this Chapter shall remain valid up to three years during which period completion certificate from a registered architect or engineer or a person approved by the Authority in the forms prescribed by regulations shall be submitted and of this is not done, the permission shall have to be re-validated before the expiration of this period on payment of such fee as may be prescribed under rules and such revalidation shall be subject to the rules and regulations then in force.
On receipt of Completion Certificate under section 20, the Authority shall consider for grant of Occupancy Certificate in such Form for authorizing occupation of the building or the premises in part or full, on payment of such fees and on such terms and conditions as may be prescribed.
(1) Subject to the provisions of this Act and rules or regulations made thereunder, the Authority may undertake development in any area under its jurisdiction by framing and executing development schemes.
(2) Notwithstanding anything contained in Sub-section (1), it shall be lawful for the Authority to undertake development in any area outside its jurisdiction for the purpose of providing amenities and utilities which are wholly or partly beneficial to the residents of the area under its jurisdiction.
(3) A development scheme may make provision for all or any of the following matters, namely: (a) acquisition of land by purchase, lease or otherwise and to erect thereon such buildings or to carry out such operations as may be necessary for the purpose of carrying on its objects; (b) construction, maintenance, extension, management and conduct of— (i) any undertaking for the generation or supply and distribution, or for both of electricity and gas to the public, (ii) any
(1) Subject to the provisions of this Act and rules made thereunder the Authority may make one or more town planning schemes for the area under its jurisdiction or any part thereof.
(2) Notwithstanding anything contained in Sub-section (1) it shall be lawful for an Authority to undertake preparation and execution of a town planning scheme in any area outside its jurisdiction for the purpose of providing amenities and utilities wholly or partly beneficial to the residents of the area under its jurisdiction.
(3) A town planning scheme may be made in accordance with the provisions of this Act in respect of any land which is in the course of development or is likely to be used for building purposes or is already built upon. Explanation - For the purpose of this sub-section the expression "land likely to be used for building purposes" shall include any land likely to be used as, or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreation groun
(1) Before making any town planning scheme in respect of any area, the Authority may, by resolution declare its intention to make such a scheme in respect of such area.
(2) Within thirty days from the date of the declaration of the intention to make town planning scheme under Sub-section (1), the Authority shall publish the declaration (hereinafter referred to as declaration) in the Gazette and in such other manner as may be prescribed by rules and despatch a copy thereof, alongwith a plan showing the area which it proposes to include in the town planning scheme, to the State Government.
(3) Within fifteen days from the date of publication of the declaration under Sub-section (2) the Authority shall publish a notice in the manner prescribed by rules in the Gazette and at least in one local newspaper inviting informations in the form prescribed by rules, to be furnished within two months from the date of publication of such notice in respect of any title or interests an
(1) Within twelve months from the date of declaration of intention to prepare a town planning scheme the Authority shall prepare a draft town planning scheme for the area in respect of which the said declaration has been made : Provided that on application by the Authority in behalf, the State Government may, from time to time, by notification extend the aforesaid period by such period or periods, as may be specified therein, so however that the period or periods so extended shall not, in any case, exceed six months in aggregate.
(2) The Authority shall immediately after the preparation of the draft town planning scheme prepare a notice stating that draft town planning scheme in respect of the area for which intention to prepare such scheme was declared under Sub-section (1) of Section 23 has been prepared and that the boundaries of the area comprised in the town planning scheme and the place and the time at which particulars of the scheme may be seen, the notice shall also s
(1) Notwithstanding anything contained in Sections 23 and 24, the State Government may, after making such enquiry as it may deem necessary, by notification, require any Authority to make and publish in the manner prescribed by rules and submit to it for sanction, a draft town planning scheme in respect of any area in regard to which a town planning scheme may be made.
(2) For the purposes of this Act and the rules made thereunder, the publication of notification under Sub-section (1) shall be deemed to be publication of a declaration under Sub-section (2) of Section 23.
If, at any time, before a draft town planning scheme is prepared and submitted to the State Government for sanction, the Authority is of the opinion that an additional area be included within the said scheme, the Authority may, after informing the State Government and after giving notice in the Gazette and in at least on local newspaper include such additional area in the draft town planning scheme and thereupon all the provisions of Sections 22, 23, 24 and 25 shall apply in relation to such additional area as they apply to any original area of the town planning scheme and the draft town planning scheme shall be prepared for the original area and such additional area and be submitted to the State Government for sanction.
A draft town planning scheme shall contain all or any of the following particulars, as far as may be necessary, namely: (a) the ownership, area and tenure of each original plot; (b) particulars of land allotted or reserved under Clauses (a) and (g) of Sub-section (4) of Section 22 with a general indication of 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 use; (c) the extent to which it is proposed to alter the boundary of original plots by reconstitution; (d) an estimate of the total cost of the town planning scheme and the net cost to be borne by the Authority; (e) a full description of all the details of the town planning scheme with respect to the matters referred to in Sub-section (4) of Section 22 as may be applicable; (f) the laying out or re-laying out of land, either vacant or already built upon; (g) the filling up or reclamation of low lying swampy or unhealthy areas or levelling up of land, if such land e
(1) In the draft town planning scheme, the size and shape of every reconstituted plots 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 building, as far as possible, complies with the provisions of the draft town planning scheme as regards open spaces.
(2) For the purposes of Sub-section (1) a draft town planning scheme may contain proposals - (a) to form a final plot by reconstitution of an original plot by alteration of the boundaries of the original plot if necessary; (b) to form a final plot from an original plot, by the transfer wholly or partly of any adjoining lands; (c) to provide with the consent of the owners, that two or more original plots, which are owned by several persons or owned by persons jointly be held in ownership in common as a final plot, with or without alteration of boundaries; (d) to allot a final plot to any owner, disposed of land in furtherance of the tow
(1) Where there is dispute as to the ownership of any land included in an area, in respect of which a declaration has been made under Sub-section (1) of Section 23 and any entry in the records-of-right or mutation relevant to such dispute is inaccurate or inconclusive, an enquiry may be held on an application being made by the Authority or the Valuation Officer at any time prior to the date on which the Valuation Officer draws up the preliminary town planning schemes under Section 35 by such officer as the State Government may appoint for the purpose of deciding as to who shall be deemed to be the owner for the purposes of this Act.
(2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit in the Court of competent jurisdiction.
(3) Such decision shall, in the event of the Civil Court passing a decree which is inconsistent therewith, be corrected, modified, or rescinded in accordance with such decree, as soon as practicable, a
All objections, suggestions or representations received in respect of a draft town planning scheme in response to, and within the period specified in the notice published under Clause (a) of Sub-section (3) of Section 24 shall be forthwith considered by the Authority which may, after hearing all such persons making any such objections, suggestions or representations as may have desired to, be heard or their duly authorised agents, may, at any time before submitting the draft town planning scheme to the State Government, as hereinafter provided, modify such town planning scheme as it considers fit.
(1) The Authority shall, within six months from the date of publication of the notice regarding preparation of the draft town planning scheme under Clause (a) of Sub-section (3) of Section 24, submit the draft town planning scheme with modification, if any, that (may have been made under Section 30, together with the objections, suggestions and representations which may have been communicated to it to the State Government for sanction.
(2) After receiving the draft town planning scheme and after making such enquiry as it may think fit, the State Government may, within six months from the date of its receipt by notification, either sanction the draft town planning scheme with or without modification or subject to such conditions as it may think fit to impose, or refuse to accord section.
(3) If the State Government sanctions the draft town planning scheme, it shall in such notification mention the place at which and time during which the draft town planning scheme as so
(1) Where a draft scheme has been sanctioned by the State Government under sub-section (2) of section 31 (hereinafter referred to as the sanctioned draft scheme), all land required by the Authority for the purposes specified in clauses (d), (i) and (n) of sub-section (4) of section 22 shall vest absolutely with the Authority free from all encumbrances.
(2) Nothing in sub-section (1) shall affect any right of the owner of the land so vested for the purpose mentioned in that sub-section.
(3) Provisions of sections 51 and 52 shall, mutatis mutandis, apply to the sanctioned draft scheme as if, the sanctioned draft scheme were a preliminary town planning scheme.
(1) On or after the date on which declaration of intention has been made by the Authority under sub-section (1) of section 23 and duly published as required under sub-section (2) thereof, no person shall, within the area in respect of which the intention has been declared, carry out any development unless such person has applied for and obtained necessary permission from the Authority for doing so in the form as may be prescribed.
(2) Where an application for permission under Sub-section (1) is received by the Authority, it shall send to the applicant a written acknowledgement of its receipt and after making such enquiry as it deems fit and in consultation with the Valuation Officer, if any, may either grant or refuse such permission or grant it subject to such conditions as it may think fit to impose.
(3) The provisions of Sections 90, 91 and 93 shall as far as may be, apply in relation to unauthorised development or use of land included in a town planning scheme.
(1) Within one month from the date, on which the sanction of the State Government to a draft town planning scheme is notified in the Gazette, the State Government shall appoint a Valuation Officer, possessing such qualifications as may be prescribed by rules for the purpose of such town planning scheme and provide him with such number of officers and staff as may be considered necessary and his duties shall be as hereinafter provided. Provided that the State Government may, on the request made by the Authority, appoint a Valuation Officer within one month from the date of publication of the draft town planning scheme under subsection (3) of section 24.
(2) When a person appointed as Valuation Officer under Sub-section (1) ceases to hold the office and another person is appointed in his place, any proceedings pending before such officer immediately before the date he ceases to hold the office, shall be continued and disposed of by the Valuation Officer appointed in his place.<
Within a period of twelve months from the date of his appointment, subject, however, to the provisions of Sub-section (2) of Section 33, the Valuation Officer shall, after following the procedure prescribed by rules, subdivide the town planning scheme into a preliminary town planning scheme and a final town planning scheme: Provided that the State Government may, from time to time, by order in writing, extend the said period by such further period or periods, as may be specified in the order and any such order, extending, the period may be made so as to have retrospective effect.
(1) In a preliminary town planning scheme, the Valuation Officer shall - (i) after giving notice in the manner and in the form prescribed by rules to the persons affected by the town planning scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for any purpose of the Authority and the final plots; (ii) after giving notice as aforesaid, determine in a case in which a final plot is to be allotted to persons in ownership in common, the shares of such persons; (iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot, in accordance with the provisions of Section 64; (iv) determine the period within which the works provided in the town planning scheme shall be completed by the Authority.
(2) The Valuation Officer shall submit the preliminary town planning scheme so prepared, to the State Government for sanction and shall thereafter prepare and
Except in matters arising out of Clauses (iii), (iv), (vi), (vii), (viii) and (x) of Sub-section (3) of Section 35 every decision of the Valuation Officer shall be final and binding on all persons including the Authority.
All decisions of the Valuation Officer under Clauses (iii), (iv), (vi), (vii), (viii) and (x) of Sub-section (3) of Section 35 shall forthwith be communicated to the party concerned in the form prescribed by rules and any party aggrieved by such decision, may, within one month from the date of communication of the decision, prefer an appeal to the Board of Appeal constituted under Section 38.
(1) The State Government shall, by notification, constitute one or more Boards of Appeal having such local jurisdiction as may be specified in the notification.
(2) Each Board of Appeal shall consist of a president and two members to be appointed by the State Government.
(3) The President shall be a person who is or has been, a District Judge or Additional District Judge in the State of Odisha and the members shall be persons having knowledge and experience in valuation of land, town planning or civil engineering. Provided that such District Judge or Additional District Judge must not have been prematurely retired.
(4) The President and the members shall be appointed for such period as may, from time to time be specified by the State Government.
(5) The State Government after giving an opportunity of being heard may, if it thinks fit, remove for incompetence or misconduct or for any other good and sufficient reason the President or any member appointed un
The President may require the Valuation Officer to be present at the hearing of the appeal for assisting it on matters to be determined by the President.
The Board of Appeal may sit at such place as the State Government may determine.
All questions of law and procedure shall be decided by the President and all other questions shall be decided by the President and the two members or by a majority of them.
(1) After making such inquiry as it may think fit, the Board of Appeal may either direct the Valuation Officer to reconsider his proposals or may accept, modify, vary or reject the proposals of the Valuation Officer.
(2) The decision of the Board of Appeal shall be final and binding on all persons.
Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a Court.
(1) The President and the members 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 by way of salary and partly by way of fees, as the State Government may, from time to time, determine.
(2) The salary of the President of the Board of Appeal or a member who is a salaried Government officer and any remuneration payable under Sub-section (1) and all expenses incidental to the working of the Board of Appeal shall, unless the State Government otherwise determines be defrayed out of the funds of the Authority and shall be added to the costs of the town planning scheme.
(1) Where no appeal has been preferred under Section 37 in respect of a matter arising out of Clause (iii), Clause (iv), Clause (vi), Clause (vii), Clause (viii) or Clause (x) of Sub-section 3 of Section 35, the decision of the Valuation Officer shall be final and binding on the parties.
(2) The Board of Appeal shall send a copy of its decision in appeal to the Valuation Officer who shall, if necessary make any variation in the town planning scheme in accordance with such decision and shall forward the final town planning scheme together with a copy of his decision under Section 36 and a copy of the decision of the Board of Appeal to the State Government for sanction.
(1) After a Valuation Officer has been appointed under Section 33, the Authority may apply to him to split up the draft town planning scheme into different sections and to deal with each section separately as if such section were a separate draft town planning scheme.
(2) On receipt of an application under Sub-section (1), Valuation Officer may, after making such inquiry as he think fit, split up the draft town planning scheme into sections.
(3) The provisions of this Act and the rules made thereunder shall, so far as may be, apply to each of such sections as if it were a separate draft town planning scheme.
The Valuation Officer shall submit to State Government for sanctioning the preliminary town planning scheme also before the final town planning scheme is submitted to the State Government under Sub-section (2) of Section 35, together with a copy of his decision under Section 36.
(1) On receipt of the preliminary town planning scheme, or, as the case may be, the final scheme, the State Government may- (a) in the case of a preliminary town planning scheme within a period of two months from the date of its receipt; and (b) in the case a final town planning scheme within a period of three months from the date of its receipt, by notification, in the Gazette, sanction the preliminary town planning scheme or the final town planning scheme or refuse to accord sanction; provided that, in sanctioning any such scheme the State Government may make such modifications as may, in its opinion be necessary for the purpose of correcting an error, irregularity or informality.
(2) If the State Government sanctions the preliminary town planning scheme or the final town planning scheme, it shall state in the notification- (a) the place at which the preliminary or the final town planning scheme, as the case may be, shall be kept open for inspection by the public and also s
(1) If at any time before the preliminary town planning scheme is forwarded by the Valuation, Officer to the State Government, a representation is made to the Valuation Officer by the Authority that the scheme should be withdrawn, the Valuation Officer shall after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the State Government.
(2) The State Government, after making such inquiry as it may, deem fit, may, if it is of opinion that it is necessary or expedient so to do, by notification, direct that the town planning scheme shall be withdrawn and upon such withdrawal, no further proceedings shall be taken in regard to such town planning scheme.
On the day on which the preliminary town planning scheme comes into force- (a) all lands required by the Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Authority free from all encumbrances; (b) all rights in the original plots which have been reconstituted into final plots shall stand extinguished and the final plots shall become subject to the rights settled by the Valuation Officer.
On and after the date on which a preliminary town planning scheme comes into force any person continuing to occupy any land which he is not entitled to occupy under the preliminary town planning scheme shall, in accordance with the procedure prescribed under rules, be summarily evicted by the Authority.
On and after the date on which the preliminary town planning scheme comes into force, the Authority shall after giving the notice prescribed under rules and in accordance with the provisions of the town planning scheme- (a) remove, pull down, or alter any building or other work in the area included in the town planning scheme which is such as contravenes the town planning scheme or in the erection or carrying out of which any provision of the town planning scheme has not been complied with; (b) execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the Authority that delay in the execution of the work would prejudice the efficient operation of the town planning scheme.
(2) Any expenses incurred by the Authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the Authority under the provisions of this Act.
(3) If
(1) If after the preliminary town planning scheme or the final town planning scheme has come into force, the Authority considers that any of such scheme is defective on account of an error, irregularity or informality the Authority may apply in writing to the State Government for the variation of the town planning scheme.
(2) If on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall publish a draft of such variation in the manner prescribed by rules.
(3) The draft variation published under Sub-section (2) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the Clauses (b), (c), (d), (e), (g) and (i) of Sub-section (4) of Section 22, the draft variation shall also contain such other particulars as may be prescribed by rules.
(4) The draft variation shall be open to inspection of the public at
Notwithstanding anything contained in Section 53, a town planning scheme may at any time be varied by a subsequent town planning scheme made, published and sanctioned in accordance with the provisions of this Act.
(1) If at any time after the final town planning scheme comes into force the Authority is of the opinion that the regulations relating to a town planning scheme require to be amended, it may publish the requisite draft amended in the manner prescribed by rules and invite suggestions or objections as thereto from any person.
(2) If within one month from the date of publication of the draft amendment, any person communicates in writing to the Authority any suggestions or objections relating to such amendment, the Authority shall consider such suggestions or objections and may, at any time before submitting the draft amendment to the State Government as hereinafter provided, modify such amendment as it thinks fit.
(3) The Authority shall within a period of two months from the date of its publication, submit the draft amendment along with the suggestions or objections to the State Government and shall at the same time apply for its sanction.
(4) After receiving such
If at any time after the date on which the town planning scheme has come into force, such scheme is varied, any person who has incurred any expenditure for the purpose of complying with such scheme shall be entitled to be compensated by the Authority for the expenditure, if such expenditure is rendered abortive by reason of the variation of such scheme.
In the event of a town planning scheme being withdrawn or sanction to a preliminary town planning scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the Authority to such extent as may be determined by the State Government.
Every party to any proceedings before the Valuation Officer or the Board of Appeal shall be entitled to appear either in person or by his recognised agent.
For the purposes of this Act, an officer appointed under Sub-section (1) of Section 29 and the Valuation Officer shall have the same powers in making enquiries under this Act as are vested in a Civil Court in respect of the following matters under the Code of Civil Procedure, 1908 (5 of 1908) in trying a suit, namely- (a) summoning and enforcing the attendance of any person and examining him on oath - (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits ; (d) issuing commissions for the examination of witnesses or documents.
(1) The costs of a town planning scheme shall include- (a) all sums payable by the Authority under the provisions of this Act which are not specifically excluded from the costs of the town planning scheme ; (b) all sums spent or estimated to be spent by the Authority in the making and execution of the town planning scheme; (c) all sums payable as compensation for land reserved or designated for any public purpose or for the Authority which is solely beneficial to the owners of land or residents within the area of the town planning scheme; (d) such portion of the sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the Authority which is beneficial partly to the owners of land or residents within the area of the town planning scheme and partly to the general public as is attributable to the benefit accruing to the owners of land or resident, within the area of the town planning scheme from such reservation or designation; (e) all
For the purpose of this Act, the increments shall be deemed to be the amount by which at the date of publication of the declaration in the Gazette under Sub-section (2) of Section 23, the market value of the plot included in the final town planning scheme estimated on the assumption that the town planning scheme has been completed would exceed at the same date the market value of the same plot estimated without reference to improvements contemplated in the town planning scheme: Provided that in estimating such value, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.
(1) The costs of the town planning scheme shall be met wholly or in part by a contribution to be levied by the Authority on each final plot included in the final town planning scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Valuation Officer Provided that— (i) where costs of the town planning scheme does not exceed half the increment, the costs shall be met wholly by a contribution; and (ii) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the Authority; (iii) where a plot is subject to a mortgage with possession or to a lease, the Valuation Officer shall determine in what proportion the mortgage or lease on the one hand and the mortgagor or lessor on the other hand shall pay such contribution; (iv) no such contribution shall be levied on a plot used, allotted or reserved for a public purpose or for the purpose of the Authority which
The amount by which the total value of the final plot included in the final town planning scheme with all the buildings and works thereon allotted to a person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from or, as the case may be, added to the contribution leviable from such person, each of such plots being estimated at its market value at the date of publication of the declaration in the Gazette under Sub-section (2) of Section 23 or at the date of the notification issued by the State Government under Sub-section (1) of Section 25, as the case may be, and without reference to improvements contemplated in the town planning scheme other than improvements due to the alteration of its boundaries.
Any right in an original plot which in the opinion of the Valuation Officer is capable of being transferred wholly or in part, without prejudice to the making of a town planning scheme, to a final plot, shall be so transferred and any right in an original plot which in the opinion of the Valuation Officer is not capable of being so transferred shall be extinguished. Provided that an agricultural lease shall not be transferred from an original plot to a final 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 town planning scheme shall, if he makes a claim before the Valuation Officer within the time prescribed by rules, be entitled to be compensated in respect thereof by the Authority or by any person benefited or partly by the Authority and partly by such person as the Valuation Officer may in each case determine. Provided that the value of such property or right shall be deemed to be its market value at the date of the publication of the declaration in the Gazette under Sub-section (2) of Section 23 or at the date of the Notification issued by the State Government under Sub-section (1) of Section 25, as the case may be, without reference to improvement contemplated in the town planning scheme.
(1) No compensation shall be payable in respect of any property or private right which is alleged to be injuriously affected by reason of any provisions contained in the town planning scheme if under any other law for the time being in force applicable to the area for which such scheme is made, no compensation is payable for such injurious effect.
(2) Any property or private right shall not be deemed not injuriously affected by reason of any provision inserted in a town, planning scheme which impose any condition or restriction in regard to any of the matter specified in Clause (q) of Sub-section (4) of Section 22.
If the owner of an original plot is not provided with a plot in the preliminary town planning scheme or if the contribution to be levied from him under Section 67 is less than the total amount to be deducted therefrom under any of the provisions of this Act, the net amount of his loss shall be payable to him by the Authority in cash or in such other manner as may be agreed upon by the parties.
(1) If from any cause the total amount which would be due to the Authority under the provisions of this Act from the owner of a final plot to be included in the final town planning scheme exceeds the value of such plot estimated on the assumption that the town planning scheme has been completed, the Valuation Officer shall at the request of the Authority direct the owner of such plot to make payment to the Authority of the amount of such excess.
(2) If such owner fails to make such payment within the period prescribed by rules the Valuation Officer shall, if the Authority so requires, acquire the original plot of such defaulter and operation, the compensation among the owner and other persons interested in the plot on payment by the Authority of the value of such plot estimated at its market value at the date of publication of the declaration in the Gazette under Sub-section (2) of Section 23 or at the date of the notification under Sub-section (1) of Section 25, as the case
All payments due to be made to any person by the Authority under this Act shall, as far as possible, be made by adjustment in such account with the Authority in respect of the final plot concerned or of any of the plot in which he has an interest and failing such adjustment, shall be paid in cash or in such other manner as may be agreed upon by the parties.
(1) The net amount payable under the provisions of this Act by the owner of a final plot included in the final town planning scheme may at the option of the contributor be paid in lumpsum or in annual instalments not exceeding ten.
(2) If the owner elects to pay the amount by instalments, interest at six percent per annum shall be charged on the net amount payable.
(3) If the owner of a plot fails to exercise the option on or before the date specified in a notice issued to him in that behalf by the Authority, he shall be deemed to have exercised the option of paying contribution in instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to exercise the option.
(4) Where two or more final plots included in the final town planning scheme are in the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several
(1) The Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town planning scheme, and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the town planning scheme comes into force.
(2) Such agreement shall not in any way affect the duties of the Valuation Officer as described in this Chapter or the rights of third parties but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the Valuation Officer: Provided that if the agreement is modified by the State Government either party shall have the option of avoiding it, if he so elects.
If in the opinion of the State Government any land is required for the purpose of development, or for any other purpose, under this Act the State Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894).
Where any land has been acquired by the State Government under Section 72 it may, after it has taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the State Government in connection with the acquisition.
(1) The Authority may acquire, movable or immovable properties by purchase, exchange, gift, lease, mortgage or by any other method permissible under law, in accordance with the rules and regulations made for this purpose.
(2) The Authority may, with the written consent of the owner, acquire any land or property or both for providing infrastructure, amenities and facilities for public purposes by way of according Transferable Development Rights (TDR) through issue of Development Rights Certificate in lieu of payment towards cost of land and property, in such manner and on such terms and conditions, as may be prescribed: Provided that the Transferable Development Rights may be arrived at on the basis of relative land values and equivalent amount of both export and import areas as per the bench mark value fixed for such area and such Right may be utilised as additional built up space by the owner who can use this either by himself or transfer it to any other person in full or in
(1) The State Government may, by notification and upon such terms and conditions as may be agreed upon between that Government and the Authority, place at the disposal of the Authority any developed or undeveloped State Government land situated within the jurisdiction of the Authority for the purpose of development in accordance with the provisions of this Act.
(2) No development of State Government land shall be undertaken or carried out except by or under the control and supervision of the Authority after such land has been placed at the disposal of the Authority under Sub-section (1).
(3) If any State Government land placed at the disposal of the Authority under Sub-section (1) is required at any time thereafter by the State Government, the Authority shall, by notification replace it at the disposal of that Government upon such terms and conditions as may be agreed upon between that Government and the Authority.
(1) Every Authority shall create and maintain a Land Bank in which land acquired under section 72 to section 75, shall be kept recorded for furtherance of the objects of the Act.
(2) The Land Bank shall be managed by the Authority in such manner as may be prescribed in the regulations.
The disposal of any land acquired by the State Government and transferred to the Authority under Section 73 or any land transferred to the Authority under Sub-section (1) of Section 75 or any other land without carrying out development thereon, or any other movable or immovable properties belonging to the Authority shall be done in accordance with the rules made for the purpose in this behalf.
(1) The Authority shall have and maintain its own fund to which shall be credited- (a) all moneys received by the Authority from the State Government by way of grants, loans, advances or otherwise; (b) all moneys borrowed by the Authority from sources other than the State Government by way of loans or debentures; (c) all fees and charges received by the Authority under this Act; (d) all moneys received by the Authority from the disposal of land, buildings and other properties, movable and immovable; (e) all moneys received by the Authority under Sections 78 and 79; (f) all moneys received by the Authority by way of rents and profits or in any other manner or from any other source.
(2) The fund shall be applied towards meeting the expenses incurred by the Authority in the administration of this Act and for an other purpose.
(3) The Authority may keep in any scheduled bank or banks such sum of money out of its fund as it may deem fit.
(4) The State Government may
(1) Every urban local body within the development area shall pay to the concerned Authority on the first day of each half year, so long as the Authority continues to exist, a sum not exceeding ten per centum of its revenues in a year from all sources other than service taxes, as may be determined by the State Government, from time to time.
(2) The payment provided by Sub-section (1) shall be made in priority to all other payments due from the concerned urban local body except those referred to in Section 116 of the Odisha Municipal Act, 1950 (Odisha Act 23 of 1950).
The Authority shall prepare in such form and at such time every year as may be prescribed by rules a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and shall forward to the State Government such number of copies thereof as may be prescribed by rules.
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as the State Government may by rules prescribe in consultation with the Accountant General, Odisha.
(2) The accounts of the Authority shall once in every financial year, be examined and audited under the provisions of the Odisha Local Fund Audit Act, 1948 (Odisha Act 5 of 1948).
(3) The accounts of the Authority shall also be subject to Audit annually by the Accountant-General, Odisha and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Accountant-General, Odisha.
(4) The Accountant-General, Odisha and any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege and Authority in connection with such audit as the Accountant-General, Odisha has in connection with the audit of the Government a
The Authority shall prepare for every year a report of its activities during that year and submit the report to the State Government in such form and on or before such date as may be prescribed by rules and the State Government shall cause a copy of the report along with the annual statement of accounts and balance-sheet prepared by the Authority under Sub-section (1) of Section 81 to be laid before the State Legislature.
(1) The Authority shall constitute for the benefits of its whole-time paid members and of its officers and other employees in such manner and subject to such conditions as may be prescribed by rules such pensions and provident funds as it may deem fit.
(2) Where any such pension or provident fund has been constituted the State Government may declare that the provisions of the Provident Fund Act, 1925 (Act 19 of 1925) shall apply to such fund as if it were a Government provident fund.
Subject to the provisions of this Act and the rules made thereunder, the Authority may, with the previous sanction of the State Government, by notification levy a development charge on lands and buildings within the area under its jurisdiction at such rates as the State Government may, by notification, specify, from time to time, in this behalf Provided that different rates of development charges may be specified for different parts of the relevant area or areas and for different uses.
(1) The development charges on lands and buildings leviable under Section 84 shall be assessed with reference to their use for different purposes, such as - (i) Industrial; (ii) Commercial; (iii) Residential and (iv) Miscellaneous : Provided that in classifying the lands or buildings under any of the purposes mentioned in Sub-section (1) the predominant purpose for which such lands and buildings are used shall be the main basis.
(2) The rates of development charges shall be determined - (a) in the cases of development of land, at a rate to be specified per hectare; and (b) in the case of development of a building at a rate to be specified per square metre of the floor area of the building: Provided that where land appurtenant to a building is used for any purpose independent of a building, development charge may be levied separately for such use also.
(1) Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act whether he has applied for such permission or not, and any person who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use shall apply to the Authority, within such time and in such manner as may be prescribed by rules for the assessment of development charges payable in respect thereof.
(2) On an application being made under Sub-section (1) or if no such application is made, after serving a notice in writing on the person liable to such payment, the Authority shall, after giving the person concerned an opportunity of being heard, and after calling for a report in this behalf from the officer concerned of the Authority, determine whether or not any development charge is leviable in respect of that land or building as a result of the carrying out
(1) The Authority may levy City Infrastructure Impact Fee, for the purpose of creation of city level infrastructure facilities as specified in the development plan in operation and such other purposes, at such rate as may be prescribed in the regulation for all — (a) commercial buildings; (b) apartments and group housing buildings; and (c) multistoried building including, residential, commercial or Institutional or Educational.
(2) The City Infrastructure Impact Fee levied under sub-section (1) shall be payable at the time of grant of permission.
(3) All such fees collected shall be credited and maintained in Comprehensive Development Plan Infrastructure Development Fund (CIDF) and same shall be utilized for development of city level infrastructure: Provided that, no such fees shall be levied during grant of permission for building of Government's Departments and Statutory Bodies established under the provisions of any Act, but such exemptions shall not be available to
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