Section 35 in The Orissa Development Authorities Act, 1982
35. Contents of preliminary and final town planning scheme.
(1)In a preliminary town planning scheme, the Valuation Officer shall -(i)after giving notice in the manner and in the form prescribed by rules to the persons affected by the town planning scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for any purpose of the Authority and the final plots;(ii)after giving notice as aforesaid, determine in a case in which a final plot is to be allotted to persons in ownership in common, the shares of such persons;(iii)provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot, in accordance with the provisions of Section 64 ;(iv)determine the period within which the works provided in the town planning scheme shall be completed by the Authority.(2)The Valuation Officer shall submit the preliminary town planning scheme so prepared, to the State Government for sanction and shall thereafter prepare and submit to the State Government the final town planning scheme in accordance with the provisions of Sub-section (3).(3)In a final town planning scheme, the Valuation Officer shall-(i)fix the difference between the total of the values of the original plots and the total of the values of the final plots included in the town planning scheme in accordance with the provisions of Clause (f) of Sub-section (1) of Section 60 ;(ii)determine whether the areas used, allotted, or reserved for a public purpose or purposes of the Authority are beneficial wholly or partly to the owners or residents within the area of the town planning scheme;(iii)estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose, or for the purpose of the Authority which is beneficial partly, to the owners or residents within the area of the town planning scheme and partly to the general public, which shall be in the cost of the town planning scheme;(iv)calculate the contribution to be levied under Sub-section (1) of Section 62, on each plot used, allotted or reserved for a public purpose or for the purpose of the Authority, which is beneficial partly to the owners or residents within the area of the town planning scheme and partly to the general public;(v)determine the extent of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;(vi)estimate the increment to accrue in respect of each final plot included in the town planning scheme in accordance with the provisions of Section 61;(vii)calculate the proportion of the contribution to be levied on each plot in the final town planning scheme to the increment estimated to accrue in respect of such plot under Sub-section (1) of Section 62;(viii)calculate the contribution to be levied on each final plot included in the final town planning scheme ;(ix)determine the amount to be deducted from or added to, as the case may be, the contribution leviable from a person in accordance with the provisions of Section 63 ;(x)estimate with reference to claims made before him, after notice has been given by him in the manner and in the form prescribed by rule, the compensation to be paid to the owner of any property or right injuriously affected by the making of the town planning scheme in accordance with the provision of Section 65 ;(xi)draw in the form prescribed by rules the preliminary and the final town planning scheme in accordance with the draft town planning scheme:Provided that the Valuation Officer may make variation from the draft town planning scheme, but no such variation, if it is of a substantial nature, shall be made except with the previous sanction of the State Government and except after hearing the Authority and any owners who may raise objections.Explanation - (i) For the purpose of this proviso "variation of a substantial nature" means a variation which is estimated by the Valuation Officer to involve and increase of ten per cent in the costs of the scheme as is described in Section 60 or rupees one lakh, whichever is lower, on account of the provisions of new works or the allotment of additional sites for public purposes included in the preliminary town planning scheme drawn up by the Valuation Officer.(ii)If there is any difference of opinion between the Valuation Officer and the Authority as to whether a variation made by the Valuation Officer is of substantial nature or not, the matter shall be referred by the Authority to the State Government whose decision thereon shall be final.
