Section 37 in Sikkim Urban and Regional Planning and Development Act, 1998
37. Approval of perspective plan of development area.
(1)As soon as may be, but not later than thirty days of the preparation of the perspective plan of a development area, the concerned Authority shall accord its consent to the contents of he perspective plan and forward it to the Chief Town Planner and the District Planning Committee if constituted under section 184 of the Sikkim Municipalities Act, 1995, for concurrence.(2)The Chief Town Planner and the District Planning Committee respectively, within thirty days from the date of receipt of the perspective plan forwarded to it under sub-section (1) shall examine it in the light of the State perspective plan and the regional development plan and the District Planning Committee in the light of the draft development plan, if any, of the district concerned and communicate in writing their concurrence to the State perspective plan and the regional development plan and the draft development plan of the district, as the case may be, with or without specific modifications.(3)On receipt of the concurrence under sub-section (2), the Authority shall, not later than thirty days, modify if necessary, the perspective plan in the light of the specific modifications obtained in the concurrence letter of the Chief Town Planner or the District Planning Committee, as the case may be, and resubmit the modified plan to the Chief Town Planner, or the concerned District Planning Committee, as the case may be.(4)The Chief Town Planner or the District Planning Committee, as the case may be, shall further examine the modified perspective plan, in the light of the specific modifications, suggested by it under sub-section (2) and communicate in writing within thirty days from the date of resubmission of the plan under sub-section (3) its concurrence with or without further modifications.(5)If the concurrence of the Chief Town Planner or the District Planning Committee is not received within the time allowed under sub-section (2) or sub-section (4), the concurrence shall be deemed to have been given by the Chief Town Planner or, as the case may be, the District Planning Committee.(6)As soon as may be, but not later than thirty days from the date of receipt of the concurrence from the Chief Town Planner and the District Planning Committee, and after modifying the perspective plan, if necessary, the Authority shall publish a notice in at least one local newspaper of the preparation of the perspective plan inviting objections and suggestions from the public within thirty days from the date of publication of the notice in the newspaper. The notice shall state the name of the place or places where a copy thereof or extracts therefrom certified to be correct shall be available for sale to the public at a reasonable price.(7)The Authority shall, within a period of sixty days of the date of expiry of notice under sub-section (6), consider all the objections received within the time allowed under sub-section (6), and after making such enquiry as it may consider necessary and after giving reasonable opportunity of being heard to those persons who have made a request in writing for being so heard, modify, if necessary, the perspective plan and submit it together with the objections and suggestions received under sub-section (6), to the Government and also to the Chief Town Planner for approval.(8)The Government shall in consultation with the Chief Town Planner, approve the perspective plan with or without modifications within sixty days of its receipt.(9)The Authority shall publish a notice in the Official Gazette and one local newspaper of the approval of the perspective plan, stating the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts thereform certified to be correct shall be available for sale to public at a reasonable price.(10)The perspective plan shall come into force from the date of publication of notice of approval of the perspective plan in the Official Gazette under sub-section (9).(11)The provisions relating to the District Planning Committee as referred to in this section shall take effect only when the District Planning Committees as constituted under section 184 of the Sikkim Municipalities Act, 1995.
