Section 40 in The Gujarat Town Planning and Urban Development Act, 1976
40. Making and contents of a town planning scheme.
- [(1) Subject to the provisions of this Act or any other law for the time being in force, the appropriate authority may make one or more town planning schemes for the development area regard being had to the proposals in the final development plan and the directions issued by a general or special order by the State Government from time to time, if any:Provided that the State Government may in this behalf direct by specific or general order to make town planning scheme to the concerned authority:Provided further that where any town planning scheme is not made for any specific area, adjacent to any town planning scheme the owners of the lands of such area, may make a request to the concerned authority to make a town planning scheme.] [Substituted by Gujarat Act No. 11 of 2014, dated 28.7.2014.](2)A town planning scheme may be made in accordance with the provisions of this Act in respect of any land which is-(i)in the course of development;(ii)[ likely to be used for residential or commercial or industrial or for building purposes; or] [Clause (ii) was substituted by Gujarat 4 of 1986, Section 2 (a).](iii)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.(3)A town planning scheme may make provision for any of the following matters, namely:-(a)the laying out or relaying out of land, either vacant or already built upon;(b)the filling up or reclamation of low-lying, swampy or unhealthy areas, or levelling up of land;(c)lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;(d)the construction, alteration and removal of buildings, bridges and other structures;(e)the allotment or [earmarked] [Substituted 'reservation' by Gujarat Act No. 11 of 2014, dated 28.7.2014.] of land for roads, open spaces, gardens, recreation grounds, schools, markets, green-belts, dairies, transport facilities, public purposes of all kinds;(f)drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal;(g)lighting;(h)water supply;(i)the preservation of objects of historical or national interest or natural beauty, and of buildings actually used for religious purposes;(j)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 scheme, for the purpose of providing housing accommodation to the members of socially and economically backward classes of people [and of such other class of people as may be determined by the State Government] [Added by Gujarat Act No. 11 of 2014, dated 28.7.2014.];(jj)[ (a) the allotment of land from the total area covered under the scheme, to the extent of.- [Clause (jj) was substituted by Gujarat 2 of 1999, Section 12 (w.e.f. 01-05-1999).](i)fifteen per cent for roads,(ii)five per cent for parks, play grounds, gardens and open space,(iii)five per cent for social infrastructure such as school, dispensary, fire brigade, public utility place as earmarked in the [Draft Town Planning Scheme and also for industrial development, and](iv)fifteen per cent for sale by appropriate authority for residential, commercial or industrial use depending upon the nature of development:Provided that the percentage of the allotment of land specified in paragraphs (i) to (iii) may be altered depending upon the nature of development and for the reasons to be recorded in writing;(b)the proceeds from the sale of land referred to in para (iv) of subclause (a) shall be used for the purpose of providing infrastructural facilities;(c)the land allotted for the purposes referred to in paragraphs (ii) and (iii) of sub-clause (a) shall not be changed by variation of schemes for the purposes other than public purpose;]](k)the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of building allowed in specified areas, the purposes to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of lands in any area in specified periods, parking spaces and loading and unloading space for any building and the sizes or locations of projections and advertisement signs;(l)the suspension, so 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 Act of the State Legislature or any of the Acts which the State Legislature is competent to amend:Provided that any suspension under this clause shall cease to operate in the event of the State Government refusing to sanction the preliminary scheme, or in the event of the withdrawal of the scheme under Section 66, or on the coming into force of the final scheme;(m)such other matters not inconsistent with the objects of this Act as may be prescribed.
