Assignment 2B

A review of State Town and Planning Act

Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973

(Comparison with The Maharashtra Regional and Town Planning Act, 1966)

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Contents of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam,
1973
Chapter 1 - Preliminary.

Chapter 2 – Director of Town and Country Planning.

Chapter 3 – Regional Planning

Chapter 4 – Planning Areas and Development Plan.

Chapter 5 – Zoning Plan.

Chapter 6 – Control of development and use of land.

Chapter 7 – Town and Country Development Authority.

Chapter 8 – Special areas.

Chapter 9 – Control.

Chapter 9A – Development Authority Services.

Chapter 10 – Miscellaneous.

Chapter 11 – Rules and Regulations.

Chapter 12 - Repeal

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Table of Contents

1. Chapter 1: Preliminary ............................................................................................... 5

1.1 Section 2 – Definition .................................................................................................. 5
1.1.1 CGTCP Act 1973 ................................................................................................... 5
1.1.2 MRTP Act 1966 ..................................................................................................... 5

2. Chapter 3: Regional Planning ..................................................................................... 5

2.1 Section 4 - Establishment of regions ........................................................................... 5
2.1.1 CGTCP Act 1973 ................................................................................................... 5
2.1.2 MRTP Act 1966 ..................................................................................................... 6
2.2 Section 5 - Director to prepare regional plans ............................................................ 6
2.2.1 CGTCP Act 1973 ................................................................................................... 6
2.2.2 MRTP Act 1966 ..................................................................................................... 6
2.3 Section 6 - Survey ........................................................................................................ 6
2.3.1 CGTCP Act 1973 ................................................................................................... 6
2.3.2 MRTP Act 1966 ..................................................................................................... 7
2.4 Section 7 – Contents of Regional plan ........................................................................ 7
2.4.1 CGTCP Act 1973 ................................................................................................... 7
2.4.2 MRTP Act 1966 ..................................................................................................... 7
2.5 Section 8 – Preparation of Regional plan .................................................................... 7
2.5.1 CGTCP Act 1973 ................................................................................................... 7
2.5.2 MRTP Act 1966 ..................................................................................................... 8
2.6 Section 9 – Finalization of Regional plan .................................................................... 8
2.6.1 CGTCP Act 1973 ................................................................................................... 8
2.6.2 MRTP Act 1966 ..................................................................................................... 8
2.7 Section 10 – Restriction on use of land and development thereof ............................ 8
2.7.1 CGTCP Act 1973 ................................................................................................... 8
2.7.2 MRTP Act 1966 ..................................................................................................... 8
2.8 Section 12 – Review of Regional plan ......................................................................... 9
2.8.1 CGTCP Act 1973 ................................................................................................... 9
2.8.2 MRTP Act 1966 ..................................................................................................... 9

3. Chapter 4: Development Plans ................................................................................... 9

3.1 Section 14 – Director to prepare Development plan .................................................. 9
3.1.1 CGTCP Act 1973 ................................................................................................... 9

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 3.1.2 MRTP Act 1966 ..................................................................................................... 9
3.2 Section 17 – Contents of Development plan ............................................................ 10
3.2.1 CGTCP Act 1973 ................................................................................................. 10
3.2.2 MRTP Act 1966 ................................................................................................... 10
3.3 Section 23 - Review and Modifications of Development plan or Zoning plan .......... 10
3.3.1 CGTCP Act 1973 ................................................................................................. 10
3.3.2 MRTP Act 1966 ................................................................................................... 10
3.4 Section 19 – Sanction of Development plan ............................................................. 11
3.4.1 CGTCP Act 1973 ................................................................................................. 11
3.4.2 MRTP Act 1966 ................................................................................................... 11

4. Inferences: .............................................................................................................. 11

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1. Chapter 1: Preliminary
1.1 Section 2 – Definition
1.1.1 CGTCP Act 1973

 “Development plan" includes a zoning plan.

 "Zila Yojana Samiti" means a samiti constituted under the Chhattisgarh Zila Yojana
Samiti Adhiniyam.
 "local authority" means:
1. A Municipal Corporation constituted by or under the Chhattisgarh Municipal
Corporation Act, 1956.
2. A Municipal Council or Nagar Panchayat constituted by or under the Chhattisgarh
Municipalities Act, 1961.
3. A Gram Panchayat constituted under the Chhattisgarh Panchayat Raj Adhiniyam,
1993.

1.1.2 MRTP Act 1966

“Development plan” means a plan for the development or re-development of

the area within the jurisdiction of a Planning Authority.
 “Zilla Parishad” means a Zilla Parishad constituted under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961.
 “Planning Authority” means a local authority; and shall includes:
1. A Special Planning Authority constituted or appointed or deemed to have been
appointed.
2. In respect of the slum rehabilitation area declared under section 3C of the
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

2. Chapter 3: Regional Planning

2.1 Section 4 - Establishment of regions
2.1.1 CGTCP Act 1973

 The State Government may, by notification -

1. Declare any area in the State to be a region for the purposes of this Act;
2. Define the limits of such area; and
3. Specify the name by which such region shall be known.
4. Alter the limits of a region so as to include therein or exclude there from such area
as may be specified in the notification;
5. Amalgamate two or more regions so as to form one region;
6. Divide any region into two or more regions.

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2.1.2 MRTP Act 1966

 Remark: The MRTP Act also has similar provisions related to establishment of
the regions.
 A plan showing the boundaries of the Region as established under this section
shall be available for inspection at the office of the Collector and the Mamlatdar
or Tahsildar concerned.
 Section 4 – Constitution of regional planning board, explains about the number
of post in the department and also resignation of members and vacancies. This is
not detailed out in CG Act.

2.2 Section 5 - Director to prepare regional plans

2.2.1 CGTCP Act 1973

 Subject to the provisions of this Act and the rules made there under, it shall be
the duty of the Director-
1. To carry out a survey of the regions;
2. To prepare an existing land use map ; and
3. To prepare a regional plan.
 Remark: Details about the meeting of regional board, consultation with the
experts, expenses and power to appoint staff is not mentioned in the act. Also
the duties mentioned in section 5 are for the director of the town planning.

2.2.2 MRTP Act 1966

 Subject to the provisions of this Act and the rules and regulations made there
under, it shall be the duty of a Regional Board
1. To carry out a survey of the Region, and prepare reports on the surveys so carried
out;
2. To prepare an existing-land-use map, and such other maps as may be necessary for
the purpose of preparing a Regional plan;
3. To prepare a Regional plan;

2.3 Section 6 - Survey

2.3.1 CGTCP Act 1973

 The Director shall, with a view to preparing the existing land use map, and other
maps as are necessary for the purpose of regional plan,-
1. Carry out such surveys as may be necessary;
2. Obtain from any department of Government and any local authority such maps,
survey reports and lands records as may be necessary for the purpose.
 It shall be the duty of a local authority and other authorities to furnish, as soon
as may be possible, maps, reports, and records as may be required by the
Director.

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2.3.2 MRTP Act 1966

 A Regional Board shall, with a view to securing planned development and use of
land in a Region,
1. Carry out a survey thereof,
2. Prepare an existing-land-use map thereof, and other maps as are necessary for the
purpose of preparing the Regional plan.

2.4 Section 7 – Contents of Regional plan

2.4.1 CGTCP Act 1973

 Allocation of land for different purposes.

 Reservation of open spaces for recreation.
 Access or development of transport and communication facilities.
 Requirements and suggestions for development of public utilities.
 Allocation of areas to be developed as special areas, where in new towns,
township, and large industrial estate projects may be established.
 Landscaping and the preservation of areas in their natural state.

2.4.2 MRTP Act 1966

 Additional provisions:
 Preservation of objects, features, structures or places of historical, natural,
architectural or scientific interest and educational value.
 Areas required for military and defence purposes.
 Providing for the relocation of population or industry from over - populated and
industrially congested areas.
 Provisions for permission to be granted for controlling and regulating the use and
development of land within the jurisdiction of a local authority or the Collector.

2.5 Section 8 – Preparation of Regional plan

2.5.1 CGTCP Act 1973

 Remark: Same process is followed as of MRTP act 1966, after the

preparation of existing land use map Director shall prepare a draft
regional plan and publish the copy and notice inviting for objections and
suggestions from people before such date as may be specified in the
notice, such date not being earlier than sixty days from the publication of
the notice.

 The Director shall consider all the objections and suggestions received by
him within the period specified in the notice. (60 days)

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2.5.2 MRTP Act 1966

 Section 15 - Submission of Regional plan to State Government for approval.

 Section 16 - Procedure to be followed in preparing and approving Regional plans.
 Remark: Suggestions within a period of thirty days from the date of notice in the
Official Gazette.
 In case of a Municipal Corporation having population of ten lakh or more as per
the latest census, the period for inviting objections and suggestions shall be sixty
days.

2.6 Section 9 – Finalization of Regional plan

2.6.1 CGTCP Act 1973

 The State Government may approve the draft regional plan submitted under
section 8 with or without modification or reject or return the same to the
Director for reconsideration.
 Immediately after the draft regional plan is approved, the State Government
shall publish in such manner as may be prescribed, a notice stating that the
regional plan has been approved.
 Time period for suggestions on approved draft regional plan is 30 days.

2.6.2 MRTP Act 1966

 Immediately after a Regional plan is approved by the State Government, the State
Government shall publish.
 Time period for suggestions on approved draft regional plan is 60 days.
 The plan which has come into operation shall be called the “final Regional plan”.

2.7 Section 10 – Restriction on use of land and development thereof

2.7.1 CGTCP Act 1973

 No person, authority, department of Government or any other person shall change

the use of land for any purpose other than agriculture, or carry out any development
in respect of any land contrary to the provisions of the draft plan, without the prior
approval of the Director or an officer not below the rank of Deputy Director
authorised by the Director.

2.7.2 MRTP Act 1966

 Remark: MRTP act has similar clause under this section, only it is more detailed out
in terms of actions to be taken against unauthorized development.
 The Collector shall be authority Competent to take action in respect of such
unauthorized development.
 The compounding charges [infrastructure charges and premium] on payment of
which the Collector may declare an unauthorized structure to be a compounded
structure.

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2.8 Section 12 – Review of Regional plan
2.8.1 CGTCP Act 1973

 The Director may, on his own or if so required by the state government shall, at
any time after a regional plan has come into operation, undertake the review and
evaluation of the regional plan and make such modifications in it as may be
justified by the circumstances.

2.8.2 MRTP Act 1966

 Remark: The section specifies the minimum time period for the revision or
modification of regional plan. It says, after a Regional plan has come into
operation, but not earlier than ten years.
 For the purpose of modifying a Regional plan the State Government shall publish
a notice in the Official Gazette announcing its intention to make the modification
specified in the notice and invite objections or suggestions from any person.

3. Chapter 4: Development Plans

3.1 Section 14 – Director to prepare Development plan
3.1.1 CGTCP Act 1973

 Subject to the provisions of this Act and the rules made there under, the Director
shall-
 Prepare an existing land use map,
 Prepare a development plan,
 Carry such surveys and inspections and obtain such pertinent reports from
Government departments, local authorities and public institutions as maybe
necessary for the preparation of the plans.
 The act has different sections for existing land use and freezing of land use.

3.1.2 MRTP Act 1966

 Planning Authority shall-

 Carry out a survey,
 Prepare an existing land-use map and
 Prepare a draft Development plan for the area within its jurisdiction, in accordance
with the provisions of a Regional plan.
 The Planning Authority shall also submit a quarterly Report to the State
Government about the progress made in carrying out the survey and preparing the
plan.

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3.2 Section 17 – Contents of Development plan
3.2.1 CGTCP Act 1973

 A Development Plan shall take into account any draft five year and Annual
Development plan of the district prepared under the CG Zila Yojana Samiti
Adhiniyam, 1955. And it shall -
1. Indicate broadly the land use proposed in the planning area.
2. Allocate broadly areas or zones of land.
3. Lay down the pattern of National and State Highways connecting the planning area
with the rest of the region, ring roads, arterial roads and the major roads within the
planning area.
4. Provide the location of Airports, Railway stations, Bus terminals etc.
5. Make proposals for general landscaping and preservation of natural areas.
6. Project the requirement of the planning area of such amenities and utilities as water,
drainage, electricity and suggest their fulfilment.
7. Propose broad based regulations for zoning.
8. Suggest architectural controls.

3.2.2 MRTP Act 1966

 Additional Provisions:
1. Reservation of land for community facilities and services.
2. Proposals for designation of sites for service industries, industrial estates and any
other development on an extensive scale.
3. The filling up or reclamation of low lying, swampy or unhealthy areas or levelling up
of land.

3.3 Section 23 - Review and Modifications of Development plan or

Zoning plan
3.3.1 CGTCP Act 1973

 The Director may, on his own or if so required by the State government shall
undertake a review and evaluations of Development plan.
 The Director may if necessary propose modification of the plan.
 The local Authority shall, on its own or if so required by the State government or
the Director undertakes review and evaluation of zoning plan.
 Remark: The section states the powers of Director and Local Authority for
reviewing and evaluating the plan.

3.3.2 MRTP Act 1966

 Remark: The section mention details about the extent of the modifications made
by the State government in the draft Development plan.
 Any modification to a reserved site resulting in reduction of its area by more than
fifty % or reduction of such amenity in that sector by an area of more than ten
per cent. in the aggregate;

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  Insertion of a new road or a new reservation or modification of a reserved site or
a proposed road or a proposed road widening resulting in inclusion of any
additional land not so affected previously;
 Change in the proposal of allocating the use of certain lands from one zone to
any other zone provided by clause (a) of section 22, which results in increasing
the area in that other zone by more than 10% in the same planning unit or sector
in a draft Development plan;
 Alteration in the Floor Space Index beyond 10% of the Floor Space Index
prescribed in the Development Control Regulation.

3.4 Section 19 – Sanction of Development plan

3.4.1 CGTCP Act 1973

 The State government may either approve the Development plan or may
approve it with such modifications as it may consider necessary or may return it
to Director to modify the same or to prepare a fresh plan.
 Where the State government approves the DP with modifications, it shall, by a
notice published in the Gazette, invite objections and suggestions within a period
of not less than 30 days from the date of publication.
 The Development plan shall come into operation from the date of publication of
the said notice in the Gazette in previous section.

3.4.2 MRTP Act 1966

 If any Planning Authority has prepared a Development plan which has been
sanctioned by the State Government before the commencement of this Act, then
such Development plan shall be deemed to be final Development plan sanctioned
under this Act.
 Remark: The provisions regarding sanctioning process are mentioned in section 31.

4. Inferences:

 It can be seen in the CGTCP Act that majority of the duties and powers are given
to the Director of Town planning. Local authorities works under directors’ order.
 While MRTP Act clearly mentions roles and powers of the Regional board with
mentioned posts.
 In the section about restriction on use of land and development thereof, MRTP
Act has more detailing in terms of actions to be taken against unauthorised
development.
 In the section about contents of Development plan, MRTP Act has additional
provisions related to reservation of land for community facilities and services,
industrial land and filling up or reclamation of low lying, swampy or unhealthy
areas or levelling up of land.
 The sections such as New Towns Act, Interim Development, areas of
Comprehensive development are not mentioned in CGTCP Act 1973.

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