Section 58 in West Bengal Town and Country (Planning and Development) Act, 1979
58. Scope of the development scheme.
(1)A scheme may be made in accordance with the provisions of this Act in respect of any land which is -(a)in the course of development,(b)likely to be used for building and other purposes, or(c)already built upon.Explanation. -The expression "land likely to be used for buildings and other purposes" shall include any land likely to be used as, or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreational grounds, parking spaces, or for the purpose of executing any work upon or under the land incidental to a scheme, whether in the nature of a building work or not.(2)Such schemes may make provisions for all or any of the following matters :-(a)the laying out or relaying out of land, either vacant or already built upon;(b)the filling up or reclamation of low laying swamp or land to which damage has been caused by subsidence due to operation of mines or unhealthy areas or levelling up of land;(c)the laying out of new streets or roads, construction, diversion, extension, alteration, improvement and stopping of streets, roads and communications;(d)the reconstitution of plots;(e)the construction, alteration or removal of buildings, bridges or other structures;(f)the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all kinds;(g)the undertaking of housing schemes for different income groups, commercial areas, industrial estates, provision of community facilities like schools, hospitals, and similar types of developments;(h)drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal;(i)lighting;(j)water supply;(k)the preservation and protection of objects of historical importance or natural beauty and of buildings actually used for religious purpose;(l)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 specified areas, the purposes for which buildings or specified areas may or may not be appropriate, 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;(m)the suspension, to the extent necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend;(n)acquisition by purchase, exchange or otherwise of any property necessary for or effected by the execution of the scheme; and(o)such other matters not inconsistent with the objects of this Act, as may be directed by the State Government.
