Section 271 in The City of Nagpur Corporation Act, 1948
271. Town planning scheme. - (1) The Corporation may, and if so required by the State Government shall, within six months of the date of such requisition, direct the [Commissioner] to draw up a town planning scheme, which may, among other things, provide for the following matters, namely:-
(a)a direction that in any street, portion of a street or locality specified in the scheme the elevation and construction of the frontage of all buildings thereafter erected or re-erected shall, in respect of their architectural features, be such as may be fixed for the locality;(b)a direction that in any street, portion of a street or locality specified in the scheme, there shall be allowed the construction of only detached or semi-detached buildings or both, and that the land appurtenant to each building shall be of an area not less than specified in the scheme;(c)a direction that any street, portion of a street or locality specified in the scheme, the construction of more than a specified number of houses on each acre of land shall not be allowed;(d)a direction that in any street, portion of a street or locality specified in the scheme, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character or buildings designed for particular purposes shall not be allowed;(e)a street line and a building line on either side or on both sides of any street existing or proposed;(f)a standard plan, either for the division of land into building sites, or for the location of buildings within a building site;(g)the amount of land which shall be transferred to the Corporation for public purposes and public streets by owners of land on payment of compensation;(h)the prohibition of building operations permanently or temporarily when by reason of the situation or nature of the land, the erection of buildings thereon would be likely to involve danger or injury to health, or excessive expenditure of public money in the provision of roads, sewers, water supply or other public services;(i)regulating, in the interest of safety, the height and position of proposed walls, fences or hedges near the corners or bends of streets;(j)limiting the number or prescribing the sites of new roads entering a highway maintained by the State Government;(k)regulating, in respect of erection of any building intended to be used for purposes of business or industry, the provision of accommodation for loading, unloading or fuelling vehicles with a view to the prevention of obstruction of traffic on any highway; and(l)a direction that in any street, portion of a street or locality specified in the scheme, the use of land for any purposes even though not involving the erection of buildings, shall not be inconsistent with the provisions of this section with respect to buildings.(2)When a scheme has been drawn up under the provisions of sub-section (1), the [Commissioner] shall give public notice of the scheme and shall therein announce a date not less than thirty days front the date of such notice by which any person may submit to the [Commissioner] in writing any objection or suggestion with regard to the scheme which he may wish to make.(3)The [Commissioner] shall within fifteen days of the date announced under the provisions of sub-section (2), forward to the [Standing Committee] the notice together with the objections or suggestions, if any, and his opinion on the scheme.(4)The [Standing Committee] shall, within fifteen days of the receipt of the documents relating to the scheme, forward them to the Corporation together with [the opinion of the Commissioner and] any comments which the [Standing Committee] may make.(5)The Corporation shall consider every objection or suggestion with regard to the scheme and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up, or as modified, together with the documents, mentioned in sub-section (4), to the State Government which may sanction the scheme or sanction it with such modifications as it may think fit or may refuse to sanction it, or may return it to the Corporation for reconsideration and resubmission by a specified date.(6)If the Corporation fails to submit a scheme within six months of being required to do so under sub-section (1), or fails to resubmit a scheme by a specified date when required to do so under sub-section (5), or resubmits a scheme which is not approved by the State Government, the State Government may draw up a scheme which shall be published within the limits of the Corporation together with an intimation of the date by which any person may submit in writing to the State Government any objection or suggestion which he may wish to make. The State Government may sanction such scheme as originally published or modified in consequence of any such objection or suggestion as the State Government may think fit.(7)The cost of such scheme, or such portion of the cost as the State Government may deem fit, shall be defrayed from the municipal fund.(8)When sanctioning a scheme the State Government may impose conditions for the submission of periodical reports on the progress of the scheme to the State Government, and for the inspection and supervision of the scheme by the State Government.(9)No person shall erect or re-erect any building or take any other action in contravention of any such scheme or of any rule or by-law made under the provisions of this Act.[272. * * *]
