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State of Chattisgarh - Section

Section 2 in The Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"agriculture" includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching grass, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, and the use of land ancillary to the farming of land, but does not include-
(i)keeping of cattle purely for the purpose of milking and selling the milk and milk products;
(ii)a garden which is an appendage of buildings, and the expression 'agricultural' shall be construed accordingly.
(b)"amenity" includes roads and streets, water and electric supply, open spaces, parks, recreational area, natural features, play-grounds, street lighting, drainage, sewerage and other utilities, services and conveniences;
(c)"building" means a house, hut, shed or other structure for whatever purposes and with whatever material constructed and every parts thereof, whether temporary or permanent and whether used as human habitation or not and includes a well, latrine, drainage work, fixed platform, verandah, plinth, door steps, compound wall, fencing and the like; and any work connected therewith but does not include plant or machinery comprised in a building;
(d)"building operation" includes-
(i)erection or re-erection or demolition of a building or any part thereof;
(ii)rooting or re-roofing of any part of building or an open space;
(iii)any material alteration or enlargement of a building;
(iv)any such alteration of a building as is likely to alter its drainage or sanitary arrangements, or materially affect its security;
(v)the construction of a door opening on any street or land not belonging to the owner.
(e)"commercial use" means the use of land or building or part thereof for the purpose of carrying on any trade, business or profession, or sale or exchange of goods of any type whatsoever and includes running of with a view to making profit, hospitals, nursing homes, infirmaries, educational institution, hotels, restaurants and boarding houses (not being attached to any educational institution) sarais, and also includes the use of any land or buildings for storage of goods or as an office, whether attached to an industry or otherwise;
(f)"development" with its grammatical variations means the carrying out of a building, engineering, mining or other operation in, or over or under land, or the making of any material change in any building or land or in the use of either, and includes sub-division of any land;
(g)"development plan" includes a zoning, plan;
(h)"Director" means the Director of Town and Country Planning appointed under this Act;
(i)"existing land use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map, and includes the register prepared, with the map giving details of land use;
(j)"land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(k)"local authority" means-
(i)a Municipal Corporation constituted by or under the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956):
(ii)a Municipal Council or Nagar Panchayat constituted by or under the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961);
(iii)a Gram Panchayat constituted under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994).
(l)"member" means a member of a Town and Country Development Authority or a Special Area Development Authority, as the case may be and includes a Chairman thereof;
(l-a) "natural hazard" means the probability of occurrence, with a specific period of time in a given area, of a potentially damaging natural phenomenon;(1-b) "natural hazard prone areas" means the areas likely to have-
(i)moderate to very high risk zone of earthquakes; or
(ii)significant Hood How or, inundation; or
(iii)landslide potential or proneness; or
(iv)more than one of these hazards.
(m)"occupier" includes-
(i)a tenant;
(ii)an owner in occupation of or otherwise using his land;
(iii)a rent free tenant;
(iv)a licensee;
(v)any person liable to pay to the owner, damages for the use and occupation of the land.
(n)"owner" means the owner of land or building and includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on behalf of or for the further benefit of any other person or as an agent trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a Head of a Government Department, General Manager of a Railway and the Chief Executive Officer, by whatever name designated, of a local authority, statutory authority, company, corporation or undertaking in respect of properties under their control;.
(o)"planning area" means any area declared to be a planning area under this Act and non-planning area shall be construed accordingly;
(oo)"Reconstituted plot" means a plot which is altered as a result of preparation of a town development scheme;
(p)"region" means any area established to be a region under this Act;
(q)"regional plan" means a plan for the region prepared under this Act, and approved by the State Government;
(r)"slum" means any area declared to be a slum area under Section 3 of the Chhattisgarh Gandhi Basti Kshetra (Sudhar Tatha Nirmulan) Adhiniyam, 1976 (No. 39 of 1976);
(s)"special area" means a special area designated as such under Section 64;
(t)"Special Area Development Authority" means an authority constituted under Section 65;
(u)"town development scheme" means a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority and includes "scheme";
(v)"Town and Country Development Authority" means an authority established under Section 38;
(w)"zone" means any section of a planning area for which, under the development plan, a detailed zoning plan is prepared;
(x)Omitted.