Section 63 in Kerala Town and Country Planning Act, 2016
63. Interim Development Orders anti the restrictions after notifying the intention to prepare Plans.
(1)Notwithstanding anything contained in this Act, with the general object of controlling interim development of land included in any planning area in respect of which a decision has been taken by a resolution to prepare a plan or notified for preparing Detailed Town Planning Scheme under this Act the Municipal Corporation, Municipal Council Town Panchayat, Village Panchayat or Joint Planning Committee, as the case may be may prepare Interim Development Orders and forward the same to the Government for sanction.Note. - For the purpose of this section, the expression 'interim development' means development during the period between the date of decision taken to prepare a Plan under this Act and the date of coming into operation of the Plan in the case of Master Plan and in the case of Detailed Town Planning Scheme the period between the date of notification of intention to prepare the Plan under this Act and the date of coming into operation of the Plan.(2)Government may, in consultation with the Chief Town Planner, approve the Interim Development Orders forwarded to it under sub-section (1) with or without modifications.(3)The main intention of the Plan shall be stated clearly in the, Interim Development Orders and it may also provide for all or any of the following, namely:-(a)circulation network and building lines;(b)space standards;(c)prohibiting the erection or re-erection of any building or construction of any road or making of any excavation or permitting development of land either unconditionally or subject to any condition specified in the order;(d)limiting the number of buildings, regulating the size, height, design and external appearance of buildings;(e)restricting the manner in which buildings may be used; and(f)prohibiting building operations or regulating such operations in respect of such matters as may be prescribed.(4)The restrictions imposed by the Interim Development Orders shall cease to operate with the coming into operation of the Plan:Provided that the Interim Development Orders shall cease to operate in the event of failure to publish the Plan within the time limit prescribed for publication of the Plan under this Act:Provided further that the Interim Development Orders shall cease to operate in the event of failure to sanction the published Plan within the time limit prescribed for the purpose under this Act and thereafter the use and development of land in the area shall be governed by the provisions of the published draft Plan:Provided also that where no such interim development orders are issued, use and development of land in the area shall be governed by the provisions of the published draft Plan from the date of publication of the notice in the Official Gazette inviting objections and suggestions, if any, thereon under the provisions of this Act:Provided also that in the case of a Master Plan or a Detailed Town Planning Scheme deemed to have been published under this Act provided in section 113, Government may, in consultation with the Chief Town Planner and the Local Self Government Institution concerned, by order, issue Interim Development Orders for the purpose of controlling use and development of land in the area.
