Section 38 in Karnataka Town and Country Planning Act, 1961
38. Duties of the Town Planning Officer.
(1)Subject to the provisions of sub-section (3) of section 37, the Town Planning Officer shall in accordance with the provisions of this Act and the rules made thereunder,-(a)define and demarcate the areas allotted to, or reserved, for a public purpose or purpose of the Planning Authority and the reconstituted plots;(b)determine in the case in which a reconstituted plot is to be allotted to persons in ownership in common, the shares of such persons;(c)fix the difference between the total of the values of the original plots and the total of the values of the plots included in the final scheme;(d)determine whether the areas used, allotted or reserved for a public purpose or purpose of the Planning Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;(e)estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;(f)calculate the contribution to be levied on each plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;(g)determine the amount of exemption, if any, from the payment of the contribution, that may be granted in respect of plots exclusively occupied for religious or charitable purposes;(h)estimate the increment to accrue in respect of each plot included in the final scheme;(i)calculate the proportion in which the increment of the plots included in the final scheme shall be liable to contribution to the costs of the scheme;(j)calculate the contribution to be levied on each plot included in the final scheme;(k)determine, as the case may be, the amount to be deducted from or added to the contribution leviable from a person;(l)provide for the total or partial transfer of any right in an original plot to a reconstituted plot or provide for the extinction of a right in the original plot;(m)estimate in reference to claims made before him, the compensation to be paid to the owner of any property for rights injuriously affected by the making of a Town Planning scheme;(n)draw in the prescribed form the final scheme in accordance with the draft scheme sanctioned by the State Government under section 34:Provided that he may make variation from the sanctioned draft scheme, subject to the condition that any variation estimated by him to involve an increase of ten percentum in the costs of the scheme or rupees one lakh, whichever is lower, shall require the sanction of the State Government:Provided further that the Town Planning Officer shall make no substantial variation without the consent of the Planning Authority and without hearing any objections which may be raised by the owners concerned.(2)If there is any difference of opinion between the Town Planning Officer and the Planning Authority whether variation made by the Town Planning Officer is substantial or not, the matter shall be referred by the Planning Authority to the State Government through the Director and the decision of the State Government shall be final and conclusive.(3)The Town Planning Officer appointed for any draft scheme shall decide all matters referred to in sub-section (1) within a period of twelve months from the date of his appointment:Provided that the State Government may, from time to time by order in writing, extend the said period by such further period as may be specified in the order.
