Act Info:
(1) Within one month from the date of the publication of thenotification sanctioning a draft scheme under sub-section (3) of section 34,the State Government shall appoint a person with prescribed qualifications asTown Planning Officer whose duties shall be as hereinafter provided.
(2) TheState Government shall provide such establishment as it thinks necessary toassist the Town Planning Officer in the discharge of his duties.
(3) TheTown Planning Officer appointed under sub-section (1) shall be subordinate tothe Director and shall perform his duties under this Act, subject to thegeneral control and supervision of the Director.
(4) Whena person appointed as Town Planning Officer under sub-section (1) ceases tohold the office and another person is appointed in his place, any proceedingspending before such officer immediately before the date he ceases to hold theoffice, shall be continued and disposed of by the new Town Planning Officerappointed in his place.
Section 38 - Duties of the Town Planning Officer
(1) Subject to the provisions of sub-section (3) of section 37, the Town Planning Officer shall in accordance with the provisions of this Act and the rules made thereunder,-
(a) define and demarcate the areas allotted to, or reserved, for a public purpose or purpose of the Planning Authority and the reconstituted plots;
(b) determine in the case in which a reconstituted plot is to be allotted to persons in ownership in common, the shares of such persons;
(c) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the final scheme;
(d) determine whether the areas used, alloted or reserved for a public purpose or purpose of the Planning Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;
(e) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;
(f) calculate the contribution to be levied on each plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;
(g) determine the amount of exemption, if any, from the payment of the contribution, that may be granted in respect of plots exclusively occupied for religious or charitable purposes;
(h) estimate the increment to accrue in respect of each plot included in the final scheme;
(i) calculate the proportion in which the increment of the plots included in the final scheme shall be liable to contribution to the costs of the scheme;
(j) calculate the contribution to be levied on each plot included in the final scheme;
(k) determine, as the case may be, the amount to be deducted from or added to the contribution leviable from a person;
(l) provide for the total or partial transfer of any right in an original plot to a reconstituted plot or provide for the extinction of a right in the original plot;
(m) estimate in reference to claims made before him, the compensation to be paid to the owner of any property for rights injuriously affected by the making of a Town Planning scheme;
(n) draw in the prescribed form the final scheme in accordance with the draft scheme sanctioned by the State Government under section 34:
Provided that he may make variation from the sanctioned draft scheme, subject to the condition that any variation estimated by him to involve an increase of ten percentum in the costs of the scheme or rupees one lakh, whichever is lower, shall require the sanction of the State Government:
Provided further that the Town Planning Officer shall make no substantial variation without the consent of the Planning Authority and without hearing any objections which may be raised by the owners concerned.
(2) If there is any difference of opinion between the Town Planning Officer and the Planning Authority whether variation made by the Town Planning Officer is substantial or not, the matter shall be referred by the Planning Authority to the State Government through the Director and the decision of the State Government shall be final and conclusive.
(3) The Town Planning Officer appointed for any draft scheme shall decide all matters referred to in sub-section (1) within a period of twelve months from the date of his appointment:
Provided that the State Government may, from time to time by order in writing, extend the said period by such further period as may be specified in the order.
Section 39 - Certain decisions of the Town Planning Officer to be final subject to an appeal to the Director
From every decision of the Town Planning Officer, in matters not arising out of clauses (e), (f), (h), (i), (j) and (m) of sub-section (1) of section 38, an appeal shall lie to the Director within one month from the date of the decision and subject to the orders in such appeal, the decision of the Town Planning Officer shall be final and conclusive.
Section 40 - Appeal
(1) Any decision of the Town Planning Officer under clauses (e), (f), (h), (j) and (m) of sub-section (1) of section 38 shall be forthwith communicated to the party concerned and any party aggrieved by such communication of the decision, may appeal to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated.
(2) The District Judge may transfer an appeal filed before him to the Additional District Judge for disposal.
(3) The District Judge or the Additional District Judge, as the case may be, after making such inquiry as he may think fit, may either direct the Town Planning Officer to reconsider his proposals or accept, modify, vary or reject the proposals of the Town Planning Officer and shall decide all matters arising out of clauses (e), (f), (h), (i), (j) and (m) of sub-section (1) of section 38.
(4) The District Judge or the Additional District Judge hearing an appeal under this section may require the Town Planning Officer to be present during the hearing. On such requisition the Town Planning Officer shall be present at the proceedings before the Judge and shall assist the Judge in an advisory capacity, but shall not be required to give evidence.
(5) The decision of the District Judge or the Additional District Judge, as the case may be, under sub-section (3) shall be final and conclusive and binding on all persons. A copy of the decision in appeal shall be sent to the Town Planning Officer.
Section 41 - Decision of Town Planning Officer to be final if no appeal is filed and variation of scheme in accordance with decision in appeal
(1) Where no appeal has been made under section 40, the decision of the Town Planning Officer under clauses (e), (f), (h), (i), (j) and (m) of sub-section (1) of section 38 shall be final and conclusive.
(2) Where an appeal has been made under section 40 and a copy of the decision in appeal is received by the Town Planning Officer, such officer shall, if necessary, make variation in the scheme in accordance with such decision and shall then forward the final scheme together with a copy of his decision under section 38 and a copy of the decision in appeal under section 40 to the Director, for obtaining the sanction of the State Government to the final scheme.