Section 223 in Jammu and Kashmir Municipal Corporation Act, 2000
223. Layout plan.
(1)Before utilizing, selling or otherwise dealing with any land under section 222 the owner thereof shall send to the Commissioner a written application with a lay out plan of the land showing the following particulars, namely :-(a)the plots into which the land is proposed to be divided for the erection of building thereon and 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 public purpose :(c)the intended level direction and width of street or streets ;(d)the regular line of street or streets ; and(e)the arrangements to be made for leveling, paving, metalling, flagging, channeling, sewering, drainage, conserving and lighting street or streets.(2)The provision of this Act and the bye-laws made thereunder as to width of the public streets and the height of building abutting thereon shall apply in the case of streets referred to in sub-section (1) and all the particulars referred to in that sub-section shall be subject to the section of the Corporation.(3)Within sixty days after the receipt of any application under sub-section (1) the Corporation shall either accord sanction to the layout plan on such conditions as it may think fit or ask for further information with respect to it.(4)Such sanction shall be refused :-(a)If the particulars shown in the lay out plan would conflict with any arrangement which have been made or which are in the opinion of the Corporation likely to be made for carrying out any general scheme of development of the municipal area whether contained in the master plan or a zonal development plan prepared for the municipal area or not ; or(b)if the said layout plan does not conform to the provisions of this Act and bye-laws made thereunder ; or(c)if any street proposed in the plan is not designed so as to connect at once 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 Corporation and if further information is asked for, no step shall be taken to utilize, sell or otherwise deal with the land or to layout or make the street until order have been passed upon receipt of such information :Provided that the passing of such order shall not be in any case delayed for more than 60 days after the Corporation has received the information which it considers necessary to enable it to deal with the said application.(6)The layout plan referred to earlier in this section shall, if so required by the Corporation, be prepared by a licensed town planner.
