Section 22 in The Orissa Development Authorities Act, 1982
22. Preparation of town planning scheme.
- 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 grounds, parking spaces or for the .purpose of executing any work upon or under the land incidental to a town planning scheme, whether in the nature of a building work or not.(4)A town planning scheme may make provisions for all or any of the following matters, namely :(a)any of the matters specified in Sub-section (2) of Section 10 or Sub-section (3) of Section 21 ;(b)the layout or re-layout of vacant or built upon land comprised in the town planning scheme ;(c)the filling up or reclamation of low-laying swamps or unhealthy areas or levelling of land ;(d)layout of new streets or roads or construction, diversion, extension, alteration, improvement or closing of streets, roads or communications;(e)the construction or alteration, removal of buildings, bridges, or other structures;(f)the re-distribution of sites belonging to owners of property, comprised in the town planning scheme;(g)the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, green belt and dairies, transport facilities and public purposes of all kinds;(h)undertaking housing scheme for different income groups, and undertaking development or re-development of commercial areas, industrial estates and similar type of development;(i)the drainage, sewerage, water-supply, lighting or gas-supply;(j)the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the town planning scheme;(k)closure or demolition of dwelling or portion of dwelling unit for human habitation;(l)the demolition of obstructive buildings or portion of buildings;(m)the sale, lease, exchange of any property comprised in the town planning scheme;(n)the provision of sanitary arrangements required for the area comprised in the town planning scheme including drains, the disposal of waste and refuse and the conservation of and prevention of injury or contamination to rivers or other sources and means of water-supply;(o)advance of money for the purpose of the town planning scheme;(p)the preservation of objects of historical or national interest or natural beauty and of buildings actually used for religious purposes;(q)the imposition of conditions and restrictions in regard to open spaces to be maintained around buildings, the percentage of building areas for a plot, the number, size, height and character of buildings allowed in specified areas, the purposes for which buildings or a specified area may or may not be used, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking spaces and loading and unloading spaces for any building and their sizes of projection and advertisement signs;(r)the suspension as far as may be necessary for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the legislature of the State of Orissa is competent to amend;(s)the reservation of land to the extent of ten per cent, or such percentage as near thereto as possible of the total area, covered under the town planning scheme, for the purpose of providing housing accommodation to the members of the socially and economically backward classes of people;(t)such other matters not inconsistent with the objects of this Act as may be prescribed by rules.(5)In making provisions in a town planning scheme, for any of the matters referred to in Sub-section (4) it shall be lawful for any Authority with the approval of the State Government and subject to the provisions of Section 30 to provide for suitable amendments of the development plan.
