Section 58 in Sikkim Urban and Regional Planning and Development Act, 1998
58. Publication of the development scheme and its approval.
(1)A development scheme may be prepared for making provision for all 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 purposes of carrying on its functions;(b)Establishment of a new town;(c)Establishment of industries, industrial estates, flatted factories, service industries;(d)Establishment of commercial centers, including specialized markets, wholesale trade centers and mandies;(e)Establishment of tourist centers and tourism related infrastructure;(f)Development of landscaping of open spaces, recreational grounds, parks, Zoological and botanical gardens, public assembly grounds and social forestry;(g)Conservation of ecologically sensitive areas and prevention of injury or contamination of rivers, water bodies and sources of water bodies and sources of water supply;(h)Preservation and protection of heritage sites and buildings, objects of historical importance or natural beauty and of buildings actually used for religious purposes;(i)Control of floods and air and water pollution;(j)Housing schemes for different income groups including housing for economically weaker sections of the society;(k)Construction and maintenance of rest houses, night shelter, infirmaries, homes for destitutes, children, disabled, handicapped, senior citizens, etc.;(l)Redevelopment and renewal of blighted areas;(m)Resettlement, rehabilitation and upgadation of slum areas;(n)Provision of health care, educational, cultural, religious and recreational facilities;(o)Provision of water supply, electricity and gas; disposal of sewage, solid waste and refuse and manufacture of its bye-products;(p)Provision of sanitary arrangements including construction of drains and general conservancy, public conveniences, etc.;(q)Construction, reconstruction, alteration, improvement and maintenance of public roads and streets, bridges, parking lots, transport terminals including bus depots, airports, bus bays and stops, street lighting and avenue plantation;(r)Provision of public transportation including mass transportation by rail or road or ropeway;(s)Provision of communication facilities;(t)Provision for burial and cremation grounds;(u)Slaughter houses;(v)Closure or demolition of dwellings and portions of dwellings unfit for human habitation;(w)Demolition of obstructive buildings or obstructive portions of buildings; and(x)Such other matters not inconsistent with the objects of this Act, as may be considered necessary.(2)Every development scheme shall contain details, as far as may be applicable, in respect of:(a)Land assembly over which the development scheme is to be implemented;(b)Layout plan and other relevant drawings and details including, if necessary, the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the number, height and character of buildings allowed in specific areas, the purposes for which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking space and loading and unloading space for any building and the size of projections and advertisement signs and hoardings;(c)Total estimated cost, sources of funding and cost recovery statement;(d)Manner of disposal of assets, if any;(e)Management and maintenance mechanism; and(f)Any other matter considered necessary.(3)The Authority may, on such terms and conditions as may be agreed upon, undertake formulation and execution of any developmental project anywhere on behalf of the local authority, body corporate, co-operative society, or a department of the State or the Central Government:Provided that permission for such development has been obtained under the provisions of Chapter VII or this Act by the concerned local authority, body corporate or co-operative society, as the case may be, the department of the State or the Central Government.(4)No development scheme shall be framed by the Authority and no project shall be formulated by any other person or body including departments of Central and State Governments unless they are in conformity with the provisions of a plan approved under this Act.
