Section 365 in The Calcutta Municipal Corporation Act, 1980
365. Layout plans. -
(1)Before utilizing, selling or otherwise disposing of any land under section 364, the owner thereof shall send to the Municipal Commissioner a written application with a layout plan of the land showing the following particulars :-(a)the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used;(b)the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose;(c)the intended level, direction and width of street or streets, including footpaths;(d)the regular line of street or streets;(e)the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.(2)The provisions of this Act and the rules and the regulations made thereunder as to the widths of public streets, including footpaths, and the height of buildings abutting thereon shall apply in the case of streets referred to in sub-section (1), and all the particulars of a layout plan, referred to in that sub-section, shall be subject to the approval of the Mayor-in-Council.(3)Within sixty days of receipt of any application under sub-section (1), the Mayor-in-Council shall either accord approval to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it.(4)Such approval shall be refused, -(a)if the particulars shown in the layout plan are in conflict with any arrangements which have been made or which are, in the opinion of the Mayor-in-Council, likely to be made for carrying out any general scheme of development of Calcutta, whether or not such scheme is contained in the development plan or the development scheme of any authority under any law in force for the time being;(b)if the layout plan does not conform to the provisions of this Act and the rules and the regulations made thereunder; or(c)if any street proposed in the layout plan in not so designed as to connect it at one end with a street which is already open.(5)No person shall utilize, sell or otherwise deal with any land or layout or make any new street without or otherwise than in conformity with the orders of the Mayor-in-Council and, if further information is asked for, no step shall be taken to utilize, sell or otherwise deal with the land or to lay out or make the street until an order has been passed by the Mayor-in-Council upon receipt of such information :Provided that the passing of such order shall not, in any case, be delayed for more than sixty days after the Mayor-in-Council has received such information as it considers necessary to enable it to deal with the application.(6)No sale deed shall be registered under any law for the time being in force for any land governed by section 364 until the layout plans have been approved under this section and infrastructural constructions thereunder completed up to a stage to the satisfaction of the Municipal Commissioner.(7)The layout plan shall be prepared by a licensed town planner.(8)The Municipal Commissioner may, from time to time, grant to any person a licence to act as a town planner subject to his possessing such qualifications or experience and on payment of such fee as may be prescribed :Provided that every such licence shall be renewed every three years.
