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State of Assam - Section

Section 18 in Assam Town and Country Planning Act, 1959

18. Scope of the Development Scheme.

(1)A scheme may be made in accordance with the provisions of the Act in respect of any land which is -
(a)in the course of development,
(b)likely to be used for building purposes, or
(c)already built upon
Explanation. - 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 recreational ground, 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 scheme may make provisions for any of the following matters: -
(a)the laying out or re-laying out of land either vacant or already built upon;
(b)the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land;
(c)lay out of new streets or roads, construction, diversion, extension, alteration, improvement and stopping up of streets, road and communications;
(d)the construction alteration and removal of buildings , bridges and other structure;
(e)the allotment of reservation of land for roads, open spaces, garlans, recreation, grounds, schools, markets, industrial and commercial activities, green belts and dairies transport facilities and public purposes of 11 kinds;
(f)drainage inclusive of sewarage, surface or sub-soil drainage and sewage disposal;
(g)lighting;
(h)water supply;
(i)the preservation of objects of historical importance or natural beauty and of buildings actually used for religious purpose;
(j)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 to which buildings or specified areas may be or may not be appropriate, the subdivision of plots, the discontinuance of objectionable uses of land in any area of reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs;
(k)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;
(l)such other matter not inconsistent with the objects of this Act.
(3)The draft scheme shall contain the following particulars: -
(a)the area, ownership and tenure of each original plot;
(b)the land allotted or reserved under clause (e) of sub-section (2) of section 18 with a general indication of the uses to which such land is to be put and the terms and conditions subjects to which such land is to be put to such cases;
(c)the extent to which it is proposed to alter the boundaries of original plots;
(d)an estimate of the net cost of the scheme;
(e)a full description of all details of the scheme under such clause of sub-section (2) of section 18, as may be applicable;
(f)the laying out or re-laying out of land either vacant or already built upon;
(g)the filling up or reclamation of low-laying swamp or unhealthy areas or levelling up of land; and
(h)any other prescribed particulars.
(4)In the scheme the size and shape of every reconstituted plot shall be determined, so far as may be to render it suitable for building purposes and where the plot is already built upon, to ensure that the building as far as possible, complies with the provisions of the scheme as regards open spaces.
(5)In order to render original plots more suitable for building purposes the scheme may contain proposals: -
(a)to form a reconstituted plot by the alteration of the boundaries of an original plot;
(b)to provide with the consent of the owners that two or more original plots each of which is held in one ownership in severalty or in joint ownership, shall hereafter, with or without alteration of boundaries be held in ownership in common as a reconstituted plot.
(6)The scheme shall include all such provisions as the Authority may think necessary for carrying out, the objects of the Act including the following matters :-
(a)the laying out or re-laying out of land, either vacant or already built upon;
(b)the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land;
(c)lay out of new streets or roads, construction, diversion, extension, alteration, improvement and stopping up of streets, roads and communications;
(d)the construction, alteration and removal of building, brides and other structures;
(e)the allotment of 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 other 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 importance or natural beauty and of buildings actually used for religious purposes.