Section 36 in Sikkim Urban and Regional Planning and Development Act, 1998
36. Preparation of development plan of development area and its contents.
(1)Every Authority shall, not later than eighteen months from the date of declaration of the development area under section 21, prepare a development plan within the framework of the approved perspective plan covering the whole or part of the development area, as may be necessary, for a period of five years.(2)Notwithstanding anything contained contrary to sub-section (1) in case no approved perspective plan exists, the Authority shall take into account the provisions of the perspective plan exists, the Authority shall take into account the provisions of the perspective plan under preparation according to the provisions of sub-section (1) or section 33, and prepare the development plan within three years from the date of declaration of the development area under section 21.(3)A development plan shall generally indicate the manner in which the use of land in the development area covered by such plan shall be regulated and also indicate the manner in which the development the rein shall be carried out. In particular it shall, provide, so far as may be necessary, for all or any of the following -(a)Analysis of dynamics of development which may include analysis of history of development, present status and trend of development, location, site and situation, regional context, hinterland, its attributes and accessibility, physiographic; and demographic characteristics; city influence area and its characteristics including settlement pattern, rural-urban relationship and fringe area developments;(b)Current issues and prospects regarding;(i)Economic base employment in trade, commerce and industries in both formal and informal sectors;(ii)Hierarchy of commercial areas, dispersal of commercial activities and related issues;(iii)Dispersal of industries or restriction on specific type of industries considering the pollution level and environmental sustainability;(iv)Urban poverty and alleviation;(v)Housing including informal sector housing, resettlement strategy and slum upgradation;(vi)Educational facilities including specialized education and research centers, health facilities including specialized hospitals, cultural and religious facilities;(vii)Public and semi-public offices;(viii)System of open spaces, play fields and recreation areas; conservation areas; ecological and environmentally sensitive areas and public gathering grounds;(ix)Transportation covering; road, railway, pedestrian-path network and related activity centers, parking and terminal facilities, mass transportation system and its integration with activity nodes and land use pattern and airport;(x)Utilities and services such as water supply, drainage, sewerage, solid waste management, energy, communication, police, fire protection, cremation and burial grounds;(c)Existing land use;(d)Space requirement for various activities;(e)Economic and spatial development goals and objectives;(f)Development proposals which may include;(i)Concept of hierarchy of planning units and distribution of various activity nodes, facility centers, etc.(ii)Mass transportation system and land use interface, transport and communication facilities such as hierarchy and network of roads, highways, parkways, railways, waterways, canals and airport including their extension, development and co-ordination;(iii)Proposals for designing the use of land for residential development including informal sector housing and slum upgradation; commercial, industrial, agricultural and recreational use.(iv)Proposals for reservation of land for community facilities and services; public purposes such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, public assembly museums, art galleries, religious buildings, parks, gardens and play-grounds, stadia, sites and services schemes, slum upgradation schemes, housing accommodation for socially and economically backward classes of people; parking and terminal facilities such as inter-city and intra-city bus and truck terminus, dairies, areas for open spaces, zoological gardens, natural reserves and sanctuaries; burial grounds, cremation grounds including electric crematorium; slaughter houses, tanneries and for such other purposes as may, from time to time, be considered necessary;(v)Proposals for water supply, drainage, sewage and solid waste disposal, other public utilities, amenities and services including supply of electricity and gas and provision for telephones and postal services;(vi)Public and semi-public offices;(vii)Renewal and redevelopment areas;(viii)Protection of environment, prevention of air and water pollution, promotion of ecological aspects, preservation, conservation and development of areas of natural scenery and landscape, urban forestry;(ix)Preservation of features; structures, places of historical, architectural and scientific interest and educational value;(x)Proposals for flood control, land stability and sloped linked controls;(xi)Proposals for preservation of land for pubic purpose by the central, State and local government or any other authority or body established by or under any law for the time being in force;(xii)The filling up or reclamation of law lying, swampy or unhealthy areas or leveling up of land;(xiii)Proposals for preparation of development schemes pertaining to tourism, environmental conservation, heritage, sites for reclamation, highway corridor development and the like; and(xiv)Such other proposals for public purposes as may, from time to time, be approved by the Authority or as may be directed by the Government in this behalf;(g)Implementation mechanism which shall include-(i)Phasing of proposals contained in the development plan depending upon the priorities determined;(ii)Identification of sector-wise schemes and projects to be implemented by Central or State Government, authority, corporate bodies, co-operative and private sector;(iii)Development promotion regulations for promoting and regulating the use and development of land including imposition of conditions and restrictions in regard to the open spaces to be maintained for the buildings, the Floor Ratio or the Floor Space Index, the location, number, size, height, number of storeys and character of buildings and density of built-up area allowed in specified area, the use and purposes to which the building or specified areas of land 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 spaces, loading and unloading space for any building and the size of any projections and advertisement signs and hoarding and other matters as may be considered necessary for carrying out the purposes of this Act;(iv)Fiscal requirements and resource mobilization proposals;(h)Monitoring and review mechanism.
