Odisha act 014 of 1982 : The Odisha Development Authorities Act, 1982

187

*The Odisha Development Authorities Act, 1982

An act to provide for the deve/o state of Odisha according t pment of Urban and Rural areas in the

0 Man and for matters ancillary 4/rereto

CONTENTS

ACTS :

1. Short title , commencement

2. Definitions extent

17. Revocation of permission and 18. Appeal against the decision of the Authority under Section 16 or 17

3. Declaration of development areas

19. Use of lands and buildings in contravention of development plan and constitution of Development Authority

20. Duration of permission 20A. Grant of Occupancy Certificate 3A. Declaration of Special Planning Area and Designation of Special

Planning Authority

21 . Power of the Authority to undertake development

22. Preparation of town planning scheme 4. Staff of the Authority

5. Advisory Council

6. Constitution of Committees

23. Declaration of intention to prepare a town planning scheme

6A." .Constitution of Special Purpose Vehicle

24. Preparation and publication of draft town planning scheme etc

7. Objects of the Authority

8. Preparation of interim development plan

25. Power of State Government to require Authority to make town planning schemed

9. Preparation of comprehensive development plan

26. Inclusion of additional area in a draft town planning scheme

10. Preparation of zonal development · 27. plan

Contents of draft town planning scheme

10A. Preparation of local development plan

108. Reservation of land for housing for poor

11 . Submission of development plan to the State Government for approval

12. Procedure regarding preparation and approval of development plans

13. Coming into operation of the development plan

14. Modification to the development plan

15. Prohibition of development without permission

16. Application for permission 16A. Common Application Form for permission

28. Reconstituted plots

29. Disputed ownership

30. Objection to draft town planning scheme to be considered

31. Power of State Government to sanction draft town planing scheme 31A. Effect of sanction of Draft Town Planning Scheme

32. Restriction on use and development of land after publication of draft town planning schemed

33. Appointment of Valuation Officer

34. Duties of Valuation Officer

35. Contents of preliminary and final town planning scheme

36. Certain. decision of Valuation Officer to be final

Published vi de Odis ha Gazette Ext. No. 1215/17.8.1982 -Notfn . No . . 13240- Leg is./ 17.8.1982-0.A. No. 14 of 1982.

For Statement of Objects and Reasons , see Odis ha Gazette Ext. 'No 303/5 3.1982

188 ODISHA LOCAL LAWS

37 . Appeal

38. Constitution of Board of Appeal

39. Power of the President to require Valuation Officer to be present during hearing

40. Place where Board may sit 41 . Decision of question of law and other questions ·

42. Powers of Board to decide matters finally

43. Board not to be a Court 44 . Remuneration of President and members

45.

46.

47.

48.

49.

50.

51 .

52.

53.

54.

55.

56.

57.

58.

59.

60.

61 .

62.

Decision of Valuation Officer to be final in certain matters and variation of scheme in view of decision in appeal

Power of Valuation Officer to split up draft town planning scheme into separate sections

Submission of preliminary town planning scheme to State

Government

Power of State Government to sanction or refuse to sanction the town planning scheme and effect of the sanction

Wi thdrawal of town planning scheme

Effect of preliminary town planning scheme

Power of Authority to evict summarily Power to enforce town planning scheme

Power to vary town planning scheme on ground of error

irregularity or informality ' Variation of town planning scheme by another scheme

Amendment of regulation

Compensation when town planning scheme varied

Apportionment of costs of town planning scheme withdrawn or not sanctioned

Right to app~~r by recognized agent Pow~r of C1v1I Court in respect of certain matters

Costs of town planning schemes Calculation of increment

Contribution towards costs of to planning scheme wn

63. Certain amounts to be added to or deducted from contribution leviable from a person

64. Transfer of right from original to final plot or extinction of such righ

65. Compensation in respect of property or right injuriously affected by town planning scheme

66. Exclusio.n of compensation in certain cases

67. Provision for cases in which amount payable to owners exceeds amount due from him

68. Provision for case in which value of final plot is less than the amount payable by owner

69. Payment by adjustment of account

70. Payment of amounts due to the Authority

71 . Power of Authority to make agreement

72. Compulsory acquisition of land

73. Transfer of acquired land to the Authority or local authority

74. Acquisition of property. by the Authority

75. Transfer of State Government lands to the Authority

75A. Creation and Management of Land bank

76. Disposal of land by the Authority

77. Fund of the Authority

78. Duty on certain transfers on immovable properties

79. Contribution by urban local body

80. Budget of the Authority

81. Accounts and Audit

82. Annual report

83. Pension and provident fund

84. Levy of development charges

85. · Rates of development charges

86. Assessment and recovery of development charge

86A. Levy of City Infrastructure Impact Fee

87. Tribunal ·

88. Art Commission

89. Power of entry

90. Penalties 91 . Removal of unauthorised development

92. Powers to stop unauthorised development

0 . Devetopm

ent Au tho ·r

ri ies Act, "1982

93. Omitted g4. Offence by companies

95. Transfer to Authority for purposes of development of land or build. vested in local authority ing

96. Restri.ct ion on p ower of a local authority to m_ake rules, regulations or bye-laws in respect of cert . matters ain

97. Notice to be given of units

98. Compounding of offence etc 99, Memb~rs and employees of the Authon~y to be public servants

100. Protection of action taken in good faith

101. Duty of police officer

102 Mode of recovery of dues of the Authority

103. Control by State Government

104. Returns and inspection

105. Service of notices etc

106. Public notice how to be made known

107. Notices, etc. to fix reasonable lime

108. Authentication of orders documents, etc '

109. Jurisdiction of Courts

110. Sanction of prosecution 111 . Power to delegate

112. Fines when realised to be paid to the Authority

189

113. Power of Autho . ~uthority lo as nty lo require local in certain case:ume responsibility

114. Power of the Au ho. . Persons t l'ity ·1n default by

115. Registration of d pla~s not require~cuments, maps,

116. Omitted

117. Exemption from St . Indian Stamp Act 1a8m9p9 Duty under

118. Pow •

119. Eff er to make agreement ect of other laws

120. Mod~ of proof of record and restriction on the summoning of an officer of the Authority

121 Development plans to stand modified in certain cases 122· Application of Odisha Public Premises (Eviction of Unauthorised Occupants) Act. 1972 to premises

. of the Authority\

123. Pqwer of State Government to make rules

124. Power of the Authority to make regulations

125. Procedure for. making rules and regulations

126. Cancellation of regulations by the State Government

127. Dissolutions of the Authority

128. Repeal and savings Be it enacted by the Legislature of the State of Odlsha in the Thirty-third year of the Republic of India , as follows :

Statement of Objects :md Reasons-With a view to ensure planned development of different towns in the State, Regional Improvement Trusts were constituted under the Odisha Town Planning and Improvement Trust Act, 1956. These Trusts have not been able to fully achieved the objectives for which they were constituted mainly due to inadequacy of existing legal provisions. In addition to the existing cities in the State, which are fast growing, large industrial complexes are coming up at Paradeep Talcher Angu/ and other Industrial growth points. Unless efforts are made fro,;, now on~ards to ensure a planned development of these areas. there will be unsystematic and unplanned growth of these areas whit?h may g!ve rise to serious distortions in future. It is therefore. considered necessary of a conslltute Development Authorities for these areas as well as for other developing and potential ~rban, areas to ensure ' systematic and planned growth, with the above obj~~tlv~;nd~/r~~~~t is Proposed to enact a /aw for constitution of de velopment authoflttes areas of the State. u tanned and

2 . The main objective of such aul_horily wi ll be tf tS,::nt ~l:ns including systematic development o f such areas. It will prepare deve op t cti'on of housing k k taining to cons ru zone/ development plans underla e wor s per 'de public amenities. colonies, shopping centre~. markets, industriat .estate_s an~1e~~:'1and and undertake II will regulate development and use of land tncludt~~/.davelopment programmes. Schemes for improvement and clearance of slums an

3 . The Bill seeks to achieve the above obj ects..

2

190 ODISHA LOCAL LAWS [S. 1

CHAPTER-I

Preliminary

1 . Short title, extent and commencem en t- (1) This Act may be called the Odisha Development Authorities Act, 1°982.

(2) It shall extend to ·the whole of the State of Odisha ·

(3) It shall come into force on such date and in such ~rea or areas as the State Government may by notification appoint, and different dates may be appointed in respect of d ifferent areas .

Note- ' [ln exercise of the powers conferred by ~vb-section (3) of Section 1 of the Odi sha Development Authorities Act, 1982 (Od1sha Act 14 of 1982), the State Government do hereby appoint the 1st day of Septembe'., 1983 to be the date on which the said Act shall come into force in the area compnsed Master Plan area of Cuttack Bidanasi and Choudwar to which the provisions of Odisha Town Planning and lmpro

0

vement Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the notification of the Government of Odisl1a in the erstwhile Health. (L. S. G.). Urban Development and Housing and Urban Development Department No. 6918-L.S.G, dated the 30th April. 1956. No. 32300-HUD. dated the 28111 July, 1983, No. 10462- L S .G . dated the 30th December, 1960 and 9102-U.D . . dated the 2nd May, 1970.] Note-²{ln exercise of the powers conferred by Sub:section (3) of Section 3 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). the State Government do hereby constitute a Development Authority for the Cuttack Development Area declared as such in the notification of Government of Odisha in t11e Housing and Urban Development Department No. 37633,/H.U .D., dated the 31st August. 1983 to be known as the ·cuttack Development Authority' with effect from the 1st day of September. 1983 consisting of the following. memb0rs. namely :

.1. Minister of State, Housing and

2.

3 .

4 .

5 .

6.

7.

8.

Urban Development l.A.S.

Executive Engineer

O.F.S.

Assistant Town Planner, Town Planning Unit, Cuttack Senior Assistant Architect Secretary, Housing and Urban Development Department Chairman, Cuttack Municipal Council

Chairman

Vice-Chairman

Engineer-Member

Finance and Accounts, Member

Town and Regional,

Planning Member

Architect-Member

Member ex officio .

Member.]

Note - ³[/n exercise of the powers conferred by Sub-section (3) of Section 1 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982), the State Government do hereby appoint the 1st day of September, 1983 to be the date on which the said Act shall come into force in the areas comprised in the Master Plan areas of Bhubaneswar, Khurda and Jatni to which the provisions of Odisha Town Planning and Improvement Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the notification of the Government of Odisha in the erstwhile Health (L. S. G.) and Urban Development Department No. 603-L. S. G. dated the 18th January. 1964, No. 761-U.D .• dated the 11th January, 1968, No. 26841 -U.D., dated the 23rd August, 1978, No. 19602-U. D., dated the.30th July, ·1975. No. 8379-U .D., dated the Bth March. 1978 and No. 21425-U. D .. dated the 11th August, 1972.] 1 . Vide Notfn. N o. 37631 -T.P. Estt.-65183-HUD/31 .8 .1983. 2 . Vide Notfn. N.o. 37634-HUD/31.8.1983.

3. Vide Notfn. No . 37675-T.PEst, 65/83HUOl31 .8.1983. s. 1) 0. Development

Authorities Act,

1982

191

Note-'[ln exercise of th 3 of the Odisha Development A~,Pow~rs conrerred b state Government do hereby de

1

honties Act, 1982 Y Sub-section (l) 1 . enforced by notification of the Gov: are that the areas in(O~i.sha Act 14 01 ° 19 !~t;~n No. 37675-H.U. D. dated the 31 ;,n;~ntofOdisha inHo~si~h lhe said Act has bee~ the purposes of the said Act and sh 9ust, 1983, shall be ~and Urban Development oevelopment Area with effect from tha// be assigned the n Development Area for N t 2{I e 1st day f ame "The Bh b o e - n exercise of th o September 19 u aneswar 1 of the Odisha Development A~/ow~rs conferred by Sub · 83 ·1 State Govern.ment do hereby appo~~;':~es Act. 1982 (Odish~s~~t;o; 13) of Section which the said Act shall come into for e 5th day of June. 1989 to 4b of 1982), the area of Sambalpur, Bur/a and Hirakucde itn, the .areas comprised. in thee Mthe tdete on I · g and Im o Which th . . as er Plan p annin pr.ovement Trust Act 195 . e prov1s1ons of Od" h in the notification of the Government of O~i~Odi~ha Act 10 of 1957) wer~se:te~od~~ u.D. Department No. 6956-L.S.G. dated the ti;,;n the erstwhile Health (L.S.G.) and the 5th July, 1969, No. 5209-L.S.G. dated (he July, 1962, No. 12260-U.D. dated the 12th March. 1968. No. 3900 Ls G d 13th May, 1963. No. 4707-U.D. dated dated the 13th December, 1968 an.a N~. ::~~-~e 4th April, 1963, No . 22094-U.O. Note-³{/n exercise of the po · D. dated the 20th Apnl, 1970.J

. wers conferred by s b · 3 of the Od1sha Development Authorities Act 198 . u -section (1) of Section State Government do hereby declare that th ' 2 .(Odisha Act 1.4 of 1982). the enforced .bY Notification of Government of Od~ ~re as ~n w~ich the said Act has been

Department No. 22056/H.U.D., dated .the Jr~ Ju~e ~~sing and Urban Development

area and shall be assigned the same "Sambalpur. D 8~ shall be a ~evelopment

from the 5th day of June, 1989.) eve opment Area with effe.ct

No!e-'[ln exercise of the po":'~rs conferred by Sub-section (3) of Section

I of the Od1sha Development Authorities Act, 1982 (Odisha Act 14 of 1982) the

State C!'overnment do hereby appoint the 7th day of September, 1989 to be the

0

date on which the said Act shall come into force in the areas comprised in the Master Plan area of ParadeeP. to which the provisions of Odisha Town Planning and Improvement Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the n"otlfication of Government of Odisha in the erstwhile Urban Development Department No. 34952-U D .. datad the 20th December, .1975 and No. 9033-U.D.,dated the 30th Match , 1977 and H. and U.D.Department Notifica_/ion No. 34338-H.U.D.,dated the 18th November, 1981.] Note-5[/n exercise of the· powers conferred by Sub-section (1) of Section 3 of the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982) the State Government do hereby declare that ·the areas in which the said Act has been enforced by notification of Government of Odisha in Housing and Urban Development Department No. 31172-H. U. D., dated the 6th September. 1989 shall be a Development area and shall be assigned the ·name ~Paradeep Development Area" with effect from the 7th day of September, 1989.) .

Note-• [ln exercise of the powers conferred by Sub-section (3). of Section 1 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982J.dth1e · · t th. 18th d f December 1989 to be the a e State Government do hereby appoin e ay, 0 · · M t r Plan on which the said Act shall come into force in the areas comprisedm a~ ~disha

d ti mplex to which the provisions o area of Tafcher-Angul Meramun a co . h A t 1o of 1957) were

Town Planning and lmprov~ment Trust Act, 1956. (Odis. a a~d Urban oevel~pment

extended in the notification of Government of Odisha¹¹¹Ho~smg 1982 and No. 19599-H. Department No. 51665-H. U. D., dated the 20th Novem er. U; D., dated the 25th May, 1988.J

. 1 . Vide Notfn . N o. 37626-HUD/31.8.1983 2 . Vide Not fn No TP-MP-8189 Pt. 22056-HUD/3.6 .1989.

. . Pt 22060-HUD/3.61989. 3 . Vide Notfn. r:-io . TP-MP-8189 · N 3 117216.9.1989. 4 . Vide S.R.0 . No. 644/89-HUD Deptt . o. 31176. TPl 6 9.1989. · 5 . Vide S .R .0 . No. 645189- HUD Deptt. No. 702-TPl16.12.1989. 6 . Vide S.R .0. No. 845189-HUD Qeptt. No . 41

3

~ [S. 1 s. 1) 0 . Developm

ODISHA LOCAL LAWS.

entA Uthorities A "' 192 Ct. 1982

193

onferred by Sub-section (1) of Section (1)

(2)

Note .$/In e~ercise of the powers c

1 1982

(Odisha Act .14 of 1982) the 28. Sukurana 3 of 111e Odis/la Development Authorities Ac · In -which the said Act has been

29. Baradi State Government do hereoy declare that areas. Housing and Urban Development Kharadi 143 enforced by nolificalion of Government of Odisba m mbar 1989 shall be a development 30. Ambasara¹⁴⁴·do-Department No. 41702/H U D . dated lhe 16th !ce ul D~velopmenl Area" with effect 31 . area and shall be assigned the name ·ralcher- ng Balipasi 145 -do- from 1 Bth day of December. 1989 I f d by Sub-section (3) of Section 32. 147 ·do-

Nore -•[Jn exercise of the po':".ers con ~~: 2 (Odlsha Act 14 of 1982), the 33. Hatibary 166 -do. 1 of the Odisha Development Authorities Ac~a of August, 1992 to be the date on 34. Karadapal 167 -do-State Government do hereby app~mt the Isl . ~he areas compflsing the revenue 35. Oamodarpur

168 -do-which the said Act shall come .mto force !;ed in the schedule annexed below :

36. Rait ikar -do- villageslmouzas of Cutteck District as speci 169 . SCHEDULE 37. Bairimal 170 ·do-Thana No. Name of the P. s.- 38. Bharadapasi

171 Sukinda SI Name of the Revenue Ankurpal No Vi llage mouza 39. 172 ·do-

(1) (2) (3)

(4) 40. Mirigichara 173 -do-

74 Su kinda 41 . Golagan 174 -do-1. Sali1anga Nimapalli ·do-75 -do- 42. 175 2 . Baliapal Sendhapur ·do--do-

43. 3. Nandapada 76 Badpingal

176

·do-44. 4 . Baghuapal 77 -do- 177 -do- 78 -do-

45. San Pingal 178 5. Rageda

46. San Kuradhia ·do-

6. Rangundi 79 -do- 179 -do-47. Bad Kuradhia 180 7. Su lia 80 -do- 48 . Govindapur -do-181 8 . Dhanurjaypur 81 -do- 49. Kai th a ·do-182 9 . Jamupasi 82 -do-

so. Biritikar ·do-183

10. Khandara 83 -do- 51 . Balipasi -do-184 -do-11 Nandiabhanga 84 -do- 52. Pankapa l 185 -do-12. Saransa 85 -do- 53. N1lamanideipur 186 -do-13. Ouburi 86 -do- 54. Panchabatia 187 ·do- 14 . Dhamanagdadia .87 -do- 55. Bodasulidihi 188 ·do-

15. Sansa ilo 89 -do-

56. Manoharpur 189 -do-

16. Madhapur 90 -do-

57. Digambarpur 190 ·do-

17. Gu nduchipasi 131 -do- . 58. Monatira 191 -do-

18 Nazgarh (Sukinda) 132 -do-

59. Rebana 192 -do-

60. Das mania 193 -do-19. Ampalaba 133 -do- 61 . Kacherigaon 194 -do-20. Jamupasi 134 -do-

62. Chandia 195 -do-21 . Sanatrapur 135 -do- 63. Gadapur 196 -do-22. Panasadiha 136' -do- 64. Jakhapura 197 -do-

23. Barapala 137 -do- 65. Satabainsia 220 -do-

24. Abltayapur 138 -do- 66. Mangalpur 221 -do-

25. Olia 139 -do- 67. Khu runti 234 -do-

26. Hatimunda 140 ·do-

68. Nuagaon 235 -do·

27. Gobaraghati 141 -do-

69. Baragadia 236 -do-

1. Vide S.R.O. No 846185-HUD Deptt. No. 31706-TP/16. 1 ~ . 1989. 70. Sarangapur 237 -do- 71 . Barakhai 239 -do-Vide S R 0 . No 952192-HUD Deptt. No. 32987-TP/27 7.1992." ·

4

194

(1)

72.

73.

74

75

76.

77.

78 .

79.

80.

81 .

82 .

83.

OOISHA LOCAL LAWS

(2)

Balungaband i Kliairadihi Nuagaon

Trijanga

Barigodha Dhuligarh Kantipur

Dhapanki

Managovint!apur God igotha

Rampilo

Ulla la

BOUNDED BY :

(3)

213

214

219

222

225

230

231

232

233

238

240

241

North -Ganda, Nallah and Forest Block-27

(4)

Jajpur Road -do-

-do-

-do-

Jajpur Road -do-

-do-

-do-

-do-

-do-

-do-

-do-

[S. 1

South-Jomalanda (146}, Godipatna (148), Jemadeipur (1 49), Badasitamal (164), Sanasitmal (165) and River Brahmani.

East-Chakua (203) . J11gadihi (202), Chhatrakana (201) , Radha nagarh (198}, Labanga (211), Solagadia (212) and Gandanallah. West-Patapur (88). Kabala (91), Kamaladeipur (92). Bandhagan (102). Dudhujori (127)'. Mangaipur (128). Kanchichua (129) and Pubal

(130) .

Note-'{ln exercise of the powers conferred by Sub-section (1) of Section 3 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). the State Government do hereby declare that the areas in which the said Act has been enforced by notification of Government of Odisha in Housing and Urban Development Department No. 32987-H.U.D .. dated the 27th July, 1992 shall be a Development area for the purpose of the said Act and shall be assigned the name ·Kalinga Nagar Development Area" with effect from the 1st day of August. 1992.) Noie -¹[/n exercise of the powers conferred by Sub-section (3) and Sub- section (5) of Section 3 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). the Slate Government do hereby constitute a Development Authority for the Kalinga Nagar Development Area declared as such in the notification of Government of Odisha in the Housing and Urban Development Department No. 33044-H. U. D .. dated the 28th July, 1992 to be known as Kalinga Nagar Development Authority with temporary headquarters at.AkashSova Building, Bhuhaneswar-751001 with effect from 1st June, 1993, consisting of the following members. namely :

1. Minister. Works, Housing and Urban

2.

3.

4.

Development Revenue Divisional Commissioner. Central Division, Guttack Superintending Engineer (Civil)

0 . F. S. (1)

Chairman

Vice-Chaitman (Part-time) Engineer-Member (Part~time) Finance and Accounts- Member (Part-lime)

1. Vide S.R.0 . No. 953192-H.U.::>. Deptt. No. 33044-TP/28 7.1992.

2. Vide S.R.O. No. 435193/-H U.D. Deptt. No. 19451-TP/31 .5.1993. s. 2] 0 . Development Aufhorit ies Act. 1982

196

ODISHA LOCAL LAWS [S. 2

. I " ·ncludes the use of any land or building or ) "commerc1a use 1 f d

(ix part thereof for purpose of commerce or for storage o g~o s, any s an office, whether attached to any industry or otherwise; or a d f · d' 'd I

'[(ix-a) ·oeveloper Entity" means an individual or bo .Y o in 1v1 ua s and includes a company or association whether incorporated or not, a co-operative society or a corporate .bo~y. or an agency, national or international, to whom a license 1s given to undertake development within the framework of a development plan or development scheme duly approved under this Act .]

(x) " development" with its grammalical variations means the c~rrying out or building, engineering , mining or other ?perattons 1.n . on, over or under land or the making of any matenal change, in any building or land or in the use of any building or land, and includes re-developments and re-constructions and lay-out and sub-division of any land and ' to develop" shall be construed accordingly;

(xi) "development area" means the area or group of areas declared as development area under Sub-section (1) of Section 3;

(xii) "Director" means the person appointed as Director.ofTown Planning, Odisha under Sub-section (1) of Section 3 of Odisha Town Planning and Improvement Trus t Act, Odisha Act 10 of 1957;

(xiii) " engineering operation" includes the formation or laying out of a street or means of access to a road or the laying out of means· of water supply, drainage, electricity, gas or of other public utili ty service ;

(xiv) "existing land-use" means the predominant purpose for which any land or building was being used on a specified date;

(xv) " final plot" means a plot reconstituted from an original plot and allotted in a town planning scheme '( or in development scheme or approved layout of land) as a final plot;

(xvi) " highway" has the same meaning as in Section 4 of the National Highways Act, 1956 (Act 48 of 1956); ·

(xvii) "industry" includes the carrying on of any manufacturing process as defined in the Factories' Act, 1948 (Act 63 of 1948). and-the word ·industrial" shall be construed accordingly; (xviii)"i ndustrial use " means the us~ of any land or building or part thereof for purpose of industry; ·

(xix) " land " includes benefi t to arise out of land and things attached to the earth or permanently fastened lo anything attached to the earth ;

'[(xix-a) "Land Pooling Scheme " means a scheme for assembly of small land parcels under differen t ownerships, voluntari ly, into a large land parcel and return of a part of the reconstituted land to the owners with a provision of' infrastructure in a planned manner· (xix -b) "Loca! Authority" means an urban local body, and include~ Zilla Parishad, Panchayat Samili or Gram Panchayat constituted under the prov1s1ons of the relevant Act for the control and management of development of the areas under their jurisdiction) Ins Vide 0 GE. No. 1427, Ot. 0610.2015

s 2)

.,.

0 . Develop rnent Authorit ies Act, 1982

197

(xx) " local newspaper" m ' th· eans any news WI in the State of Odisha· paper printed and published

(xxi) "means of access" .

1

' · inc udes any m private or publ ic, for vehicles f eans of passage whether any street; or or pedestrians and includes

(xxii) " national highway" m h. h eans any highway decla d b 19 way under Section 2 of th N 1 re to ea national 48 of 1956); e a ional Highways Act. 1956 (Act (xxiii ) "noti ficat io "

. . n means a notificallon published in the Gazette· (xx1v)"occupier" includes- ·

(a) a tena nt,

(b) an ow · ner in occupation of. or otherwise using his land,

(c) a rent- free tenant of any land, ·

(d) a licence in occupation of any land, and

(e) any person who is liable lo the owner any cons1derat1on including

. damages for the use and occupation of the land:

(xxv) "operational construct ion " means any construction whether te~porary or pe rmanent, which is necessary for the operation, ma1~tenance , development or execution of any of the rollowing services, namel" :

(a) railways,

(b) notional highways,

(c) national waterways,

(d) air ways and aerodromes,

(e) posts and telegraphs, telephones, wireless, broadcasting and other like forms of communications.

(f) regional grid for electrici ty,

(g) any other service which the State Government may, if 11 1s of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notifica tion , declare lo be a service for the purpose of this clause;

Explanation-For the removal of doubts , it is hereby declared that the construction of-

(i) new residential buildings (other than gate, lodges, quarters, for limited essential operational staff and the like), roads and drains in railway colonies', hotels, clubs, institutes and schools, in the case of rai lways; and

(ii) a new building, new structure or new installation, or any extension thereof. in the case of any other service, shall not be deemed to be operational construction wi thin the meaning of this clause · (xxvi)"owner" includes a mortgage in possession, a person who for the time being is receiving or is entitled to recei ve or has received the rent or premium or any other consideration for any land whether on his own account or on account of, or on behalr of or lor lhe benefit of any other person or who would so receive the rent or

198

ODISHA LOCAL LAWS IS. 2

remium or any other consideration the rent or prem iu~ or any P . . .f the land were let out 10 a tenant and includes other consideration 1 l General Manager o f a the Head of a Government Departmen • .

. S t or other Principal Officer of a local authori ty, Railway, the ecre ary . f erties under their statutory authority or company in respec t⁰prop respective controls;

(xxv1i) " private street" means any stree t, road •. square, court, a lley, passage or riding-path, which is not a public str ~ et but do.e s not include a pathway made by the owner of premises on his .own land to secure access to or for the convenient use of such premises; (xxvii i) "public bui ldi ng " means any ~u i ld i ng to ,which the publ ic or any class o r section of the public. are granted access ~.r any building , which is open to the public or any class or section of the public and includes any building-

(a) used as a-

(i) school or college or a University or other educational institution,

(ii) hostel ,

(iii) library,

(iv) hospi tal. nursing home, dispensary, cl inic , matern ity centre or any other l ike institution,

(v) club, (v1) lodging house, {vii) choultry, (viii)coffee house . boarding house, hotel or eating house .

(b) Ordinarily used by the-

(i) Central or any Sta te Government or any local authority or any body corporate. owned or control led by the Central or any State Government, or

(i i) public or any class or section of the public for re ligious worship or for religious congregation :

(xx1x)"public opon space" means any land, whether enclosed or not . belonging to the Central or any State Government or any local authority or any body corporate owned or controlled by the Central or any State Government, on which there is no building or of which not more than one-twentieth part is covered with buildings and the whole or remainder of which is used for purpose of recreation or as open space ,

(xxx) " public place" means any place or building which is open to the use and enioyment of publ ic whether 1t is actually used or enjoyed by the publ ic or not , and whether the enty is regulated by any entry fee or not,

(xxxi)"publ.ic street" means any street, road, square, court, alley, passage or n d1ng path over which the public have a right of way, whether a thoroughfare or not, and includes-

(a) the roadway over any public bridge or causeway, {b) the footway attached to any such street, public bridge or causeway and '

s. 2] 0 . Developm ent A th . .

. u orittes Act, 1982 199

(c) the drains attached lo an 5 and the land wheth y uch street. public bridge or causeway

• er covered or not by an or other structure which Ii . Y pavement. verandah to the bo . ' es on either side of the roadway up

. . undanes of the adjacent property whether I hat property ISSt ptn vGate property or property belonging to the Central or any a e overnment ;

(xxxii) " rail"'.'ay" means a rai lway defined in the Indian Railway Act 1890 (Act 9 of 1890); · '

(xxxiii) " reconst_Jtu ted plot" means a plot which is in any way altered by the making of a town planning scheme .

Explanation-For the purposes ofthis clause "altered ' includes the alterat ion of ownership of plot.

(xxxiv) " regulation" means a regulation made under Section 124 and includes zoning and other regulations made as a part of a development plan;

(xxxv) " resi dence" includes the use for human habitation of any land or bullding or part thereof including gardens, grounds, garage, stables and out-houses, if any, appertaining to such bui lding

. and "residential " shall be construed accordingly:

(xxxvi)" rule" means a rule made under this Act by the State Government; (xxxvii) " s lum area" means any predominantly residential area, where the dwellings which by reasons of dilapidation . overcrowding, faulty arrangements or designs, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety and health of the inhabitants or others and 91hich is defined by d.eve ~opment plan as a slum area .

' [ (xxxvii- a) "Special Purpose Vehicle' mean s a body constitu.ted as a company, trust or other entity for a specific purpose, which shall include activities limited to those for accomplishing the purpose of the company, trus t or other entity, as th e case may be :] (xxxvi ii)"to. erect" in relation to any bu ildin~ includes-

(a) any material alteration or enlargement of any building ,

(b) the conversion by structural alteration of place for human ha.bitalion of any building not originally constructed for human hab1tat1on,

(c) the conversion into more than one place for human habitation of a bui lding originally constructed as one such place,

(d) the conversion of two or more places of human habi tation into a greater number of such places, . .

(e) such alterations of a building as affect an alter.ation of 1~s drainage o r sanitary arrangement or materially affect i ts security,

. . h s or other structures

(f) the addition of any rooms, bui ldings, ouse to any building, and 1 · g

(g) the construction in a wall adjoining any street or land no~b=t~;;::r to the owner of the wall. of a door opening on to sue land;

1. Ins. vide O.G.E No. 1427. Ot 06.10 2015

200 ODISHA LOCAL LAWS

[S. 3

'((xxxviii-a) "Transferable Development Rights" ~eans a development ' right to transfer the potential of a plot designated for a public purpose in a development plan. expressed in terms of total permissible built up space calculated on the basis of floor area rat io allowable for that plot, for utilization by the owner himself or by way of transfer by him to someone else from the present location to a speci f ied area wi thin the development plan, as additional built up space over and above the permissible limi t, in lieu of compensation for the surrender of the concerned plot free from all encumbrances lo the Authority;)

(xxxix) " Tri bunal" means the Tribunal constitu ted under Section 87;

(xi) " unauthorised occupation" in relation to. any premises means the occupation by any person of the premises belonging to the Authority without any authority for such occupation and included the continuance of this occupation by any person of the premises after lhe authority (whether by way of grant or any other mode of transfer under which he was al lowed to occupy) the premises ~as expired or has been determined for any reasons whatsoever; 1 [(xli) " urban local body" means municipali ty as defined in clause

(e) of article 243P of the Constitution of India;]

(xiii) " Valuati on Officer" means the Valuation Officer appointed under Section 33 of this Act;

(xliii) " Vice-Chairman" means the Vice-Chairman of the Authority; (xliv) " zone" means any one of the divisions into which a development area may be divided for the purposes of development under this Act:

{xiv) words and expressions used in th is Act but not defined shall have the same meaning as assigned to them in the Odisha Municipal Act , 1950 (Od'sha Act 23 of 1950) as amended from time to time CHAPTER-I

Development A reas and Development Authorities and their Objects

3. Declaration of development areas and constitution of Development Author ity - (1) Upon enforcement'>! th is Act in any area or areaS' under Sub- section (3) of Section 1, the State Government shall , for the purp9ses of proper development of such area or areas, by notification, declare such area or areas to be a development area for the purposes of th is Act and shal l assign a name to such area.

(2) The State Government may, by notifi cation and in accordance with such rules as may be made in that behalfs-

(a) exclude from a development area comprised th.erein ; or ~ (b) include in a development area any other area . ~-

" (3) As soon as may be after the declaration of a development area under Sub-section (1), the State Government shall, by notification, constitute for the said developq)ent area a Development Authority wi lh effect from such date as may be speci f ied therein.

1. Ins. vlde O.G E No. 1427, DI. 06 10.2015

2 Subs vlde 0 GE No. 1427, DL 06.10 2015 s. 3) 0 . Develop

ment Autho ·1·

r1 ies Act, 1982

201

2[Provided that the St t with such rules as may be ma~eei Go~ernment may, by notifi . area of two or more Develo n lh1s behalf. exclude an ca1ton and in accordance as so exc luded to be a de~~ent Authori ties and de~larea from a development assign a name to such area e opment area for the u are such area or areas Development Authority with e~nd constitute for the ~a:~odses of this Act and 211 ect from such d t evelopment area

~3-a) Notwilhstandin . a e as may be spec1f1ed th · a

Government is satisfied that Pg anything contained in this Act ·1 erem:J be ensured if two or more 0 roper development of devel · 1 lhe State

single Authority, the State Gove~~~~~~ent Authorities are am~~;1ae:~,!~e~n can and Amendment of section 3 0 may, after consultation with suchAuth ~to a Citied by 1·fi · n such terms a d on 1es spe , no 1 1cat1on direct such n cond1tions as ma b with effect from the dat~ of such n at.mf. alg_amation and constitut~ an Aut~or'itey o 11cation.

(3-b) From the date of such noti fication -

(a) all properties funds and d . . by the existing Authori t i ~s shall v

1

u_eswhich are vested In or be realizable constituted after such am~lgamat~~n·'" or be realizable by the Authority so

(b) all liabilities which are ' 1 . Authorities shall be enforceable ag!i~⁰t'~~ab~e against the amalgamated such amalgamation; s e ulhority so constituted af1er been ca~~/e~ rot~le ~u~h~s: ofl carrying out any_ ~eve lopment which has not

. . . ma gam.ated Authonl1es and for the purpose or real1Z1ng properties, funds_ and ~ues as re ferred lo in clause (a), the function of the amalgamated Authorities shall be discharged by the Authority so constituted after such amalgamation)

(4) Every Authority so constitu~ed _shall be a body corporate by the name of.the development areas f~r which 1t 1s constituted having perpetual succession and a common seal with power to acquire. hold and dispose of pr?perty, both movable and immovable and to contract, and shall by the said name sue and be sued.

(5) The "Authority· shall consist of the following members, namely:

(a) a Chairman, who shall be appointed by the State Government;

(b) '(a Vice-Chairman. who shall be an officer of the Central or Stale Government to be appointed by the State Government either on whole-l ime or on part-lime basis and shall be the Chief Executive of the Authority :

Provided that nothing in this clause shall debar the State Government to appoint a part-time Vice-Chairman during the vacancy caused due lo lhe absence of the Vice-Chairman, either whole-time or part-time. to avoid dislocation in the functioning of the Au'thority :)

(c) an Engineer-member, to be appointed by the S1ale Government ;

(d) a Finance and Accounts member, to be appointed by lhe Stale Government ;

(e) a Town and Regional Planning member, to be' appointed by the Slate Government ;

(f) l [an En~ironment member), to be appointed by the S1a1e Government; ( ~ ) the Secretary, Housing and Urban Development Depart?'~"'· Governrnen1 of Odisha or his representa tive, member ex off1c10,

1. Subs1itu ted vide Odisha Act No. 3 of 1993

2. Ins v1de O.G E No 1427. DI. 06.10.2015

3. Subs. vlde O G.E. No. 1427, Dt 06 10 2015

8

202 ODISHA LOCAL LAWS (S. 3

1 ((h) Chairpersons of urban local bodies, not exceeding three comprised within the developmen\ area, as may be nominated by the State Government, members: ex officio]

' [Provided that the State Government may appoint such other two members as may be considered by ii, in addi tion to lhe me~bers stated above, for any Authority. as the'State Government may deem fit and such members . if appointed in any Authority, shall be subjecl to same terms and conditions as are applicable to the members appointed under clauses(c) to (f).)

(6) ' [The members appointed under Clauses (c) to (f) of Subsection

(5) may either be whole-time or part- time members.]

(7) The Vice-Chairman and the whole· time Members shall be !:ntilled to receive from the funds of the Authority suoh salacies and allowances. if any and governed by such condition of service as may be prescribed by rules made in this behalf.

(8) The Chairma n. Vice-Chairman and members appointed under Clauses (c) lo (f) of Sub-section (5) shall hold office during the pleasure of the State Government.

(9)²(The Vice-Chairman and any member) specified in Clauses (c) to (f) of Sub-section (5) , if parl -time, and the members specified in Clause

(h) of that Sub-section may be paid from the funds of lhe Authori ty such al lowances, if any, as may be fixed by the Slate Government in this behalf.

(10) A member, other than an ex officio member, may resign his office by writing under his hand addressed lo the State Government but shall continue in office until his resignation is accepted by the State Government. ( 11) No act or proceedings of the Authority shall be invalid by reason of the existence of ar:iy vacancy in, or defect in the constitution of the Authority. ( 12) The Authority shall meet at such limes and shall observe such r~les of procedure in regard to the transaction of its business at its meeting (including quorum at meetings) as may be provided by regula tions. Note -' [ln exercise of the powers conferred by Sub-section (1) of Section 3 of the Odisha Development Authorities Act. 1982 (Odisl1a Act 14 o f 1982) , t11e State Government do hereby declare that the areas in which the said Act has been enforced in the notifica tion of the Government of Odisha in Housing and Urban Development Department No. 37631/H.U.D .. dated the 31st August, 1983 ·shall be a Development Area for the purposes of the said Act, and shall be' assigned the name Tire Cuttack Development Area, with effect frof1) the 1st day ,of September, 1983. ) Note- ' [In exercise of the powers conferred by Clause (h) of Subsection

(5) of Section 3 of the Od1sha Development Aulhori/1es Act. 1982 (Odisha Act 14 of 1982) , the State Government do hereby appoint the· Chairman of Choudwar Municipal Counc1t as member of the Development Auth.ority constituted for Cut/ack Development Area with effect from the 1!f,I day of September. 1983.]

Note -'fin exen;ise of the powers conferred by Sub-section (3) and Sub-section

(5) of Section 3 of Odisha Development Authorities Act, 1982 (Odlsha Acl 14 of 1982) the State Government do hereby constitute a Development Authority for the Bhubaneswar Development Area declared -as such in the notification of Government of Odisha in the Housing and Urban Development Department No. 37627-H.U.D .• dated 'the 31st August, 1983 to be kno1.n as ."The Bhubaneswar Developmenl Authority• with effect from the 1st day of September, 1983 consisting of the following members, nbmely :

1 Substituted v1de Odisha Act No. 4 of 1985

2 Substituted v1de Odisha Act No. 3 of 1993.

3. V1de Notfn. No. 37633-H.UD/31 .8. 1983.

4 V/de Notfn . No. 37703-T.P. Esst. 65/83HUD/31.8.1983.

5 Vi!Je Nolin. No. 37627 ·HUD/31 .8. 1983.

6 Subs. vide 0 GE: No. 1427, Dl 06.10.2015

7 Ins vide O.G.E. No. 1427, Dt. 06 10 2015 s. 41 0 Development A

uthorit1es A t

c ' 1982

1.

2.

3.

4

5.

Minister of State H . , ousing and U

Development rban I.A.$.

"Ouperintending Engineer

0 . F. S.

Associate Town Planner

6. Senior Assistant Architect

203

Chairman Vice-Chairman Engineer-Member Finance and Account

Member

Town and Regional Planning-Member Architect-Member 7 . Secretary, Housing and Urban Development' Department

8. Chairman, Bhub . . Member ex officio

C

. . aneswar Municipal Council Member ex off1c10

9. ha1rman, Jatn1 Notified Area Council

10. Chairman Khurda Not'f' d A . Member ex officio

2

'." 1 ie rea Council Member ex officio.]

. (3A. Dec I? ration of Special Planning Area and Designation of Special Planning Authority :(1) Any ~ut~o~ily may, by notification, declare a part of the development area under its 1urisdiction to be a Special Planning Atea.

(2) As soon .as may be, after the declaration of Special Planning Area under .sub-section (1), the Authority may, by notification, designate a Local Authority ot other Authority constituted or incorporated under the proviiions of any State Act, to be Special Planning Authority for such Special Planning Area.

(3) Any power exercisable by the Authority under this Act except the power to make regulations, may also be exercised by such Special Planning Authority to such limits and on such terms and conditions as may be specified in the notification issued by the Authority in this behalf.)

4. Staff of.the Authority - ('1) Subject to such control and restrictions as may be :Prescribed by rules, the:Authority may appoint a Secretary and such number of other officers and employees (including experts for technical work) as may and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and may determine their designatjon and grades.

(2) The Secretary and other officers and employees of the Authority shall be entit led to receive from the funds of the Authori ty such salaries ~nd such allowances, if any, and shall be governed by ~uch conditions of service as may be determined by regulations made in lh1s behalf. ' [(3) Notwithstanding anything contained in this Act or in therr·r~l enst I th of smooth and e 1c1e or regulations made thereunder, or e purpose G ment ma" at

. h ·u the State overn -· administration of the affa 1~s of the Aul .on e.s. Authority for transler of the instance of any Authority or olherwi~e , direct an~f deputation, to another any officer or employee of such Aulhonty, ~y way

5

at a time and on such Authori ty for such period not exceeding. six .year conditions. as may be specified in the direction.

1. Substituted vide 0 . G. E No 442 dated 28·^{3 2}.0°^5·

9

204 ODISHA LOCAL LAWS [S. 5

(4) Whenever, any officer or employee belonging to an Authority is transferred under Sub-section (3). the Authority to which the officer o.r employee Is so transferred shall be bound to accept the joining report forthwith, employ him in the service of the Authority and pay all amounts due to him on account of his pay, allowances and other dues from out of the fund of that Authority.) 3 ((5) Notwithstanding anything contained in this Act or Rules or Regu lation~ made thereunder, the State Government ma'y, at the instance of any Local Authority or Department of the State Government or any other Authority constituted or incorporated under the provisions of any State Act or otherwise, direct any Authority for transfer of any Officer or employee of such Authority, by way of deputation , to such Local Authority or Department of the State Government or any other Authority constituted or incorporated under the provisions of the . State Act for such period not exceeding six years at a lime and on such terms and conditions, as may be specified in the direction and the provision of sub-section (4), shallapply to such deputation mutatis mutandis .)

CASE LAW:

Sec. 4(3)(4} - Odisha Development Authorities Rules, 1983 - Rule 6(4) . Transfer order - Bhubaneswar Development Authority to Sambalpur Development Authority - Writ - For the purpose of smooth and afficient administration of the affairs of the Authorities, the State Government con direct any Authority for transfer of any Officer or empl~ee of such Authority by wa y of deputation to another authority for such period which shall not exceed six years at a time and on such conditions, as may be specified in the direction - Held. order of transfer of the Government has been pused by exercis e of power under Sub-section (3) of Sec 4 of the Act. 1982 - Seid order amounts to transfer of the petitioner on deputation to the SDA and such transfer cannot amount to be a transfer to a different cadre : Md. Qalsar Iqbal Ali

v. State of Odisha and others : 2013 (Supp.-11) OLR 630

5. Advisory Council - (1) The State Government shall , as soon as may be after the constitution of the Authority, by notification, constitute an advisory Council for the purpose of advising the Authority on the preparation of developmen't plans and development schemes and on such other matters relating to the planning of development, or arising out of, or in connection with , the administration of this Act as may be referred to it, by the Authority.

(2) The Advisory Council shal l consist of the followi ng members, namely :

'((a) The President, who shall be appointed by the State Government:! 2 ((a-1) the Vice-Chairman, member ex officio;

(b) the members of the Authority referred to in Clauses (g) and (h) of Sub-section (5) of Section 3, member ex officio;

(c) a member of the Odisha Legislature, representing the whole or any part of the development area, to be nominated by the State Government-member;

(d) other members not exceeding fifteen in number to be nominated by the State Government of whom at least five shall be such non- officials who in the opinion of the State Government have special knowledge or practical experience of matters relating to labour, industry, landscaping, economics or environmental science. Subst ituted vide Odisha Gazette Ext. No. 2185115.12.1984 Ordinance No. 12 of 1984.

2 Inserted vide.Odisha Gazette Ext. No 2185/15.12 1984 Ordinance. No. 12 of

1984.

3 Ins. vide O.G.E. No. 1427, Dt 06.10.2015 s. 5) 0 . Development A ..

uthonties A~t . 1982

205

(3) The Advisory Council sh

11

the powers to regulate its own procead meet twice in a year and h Ure. S all have

(4) Members of the Advisory C . sllall hold office during the pleasure~~~~'~ ~ther than the ex officio members

(5) Members of the Advisory C , late Government, in Clause (e) of Sub-section (2) mayobunc1l .excepting the members specified · It 1· e paid such fee d attending s mee ings, as may be determin . s a~ al lowances for behalf. ed by regulations made in this

Note-'[ln exercise of the powers f

'th Cl (b) f con erred by Sub t' (S) reed ws a use o Sub-section 12) of th . -sec ion (1} of Section do hereby appoint the Chairman of Choudware ~aid. s~ction, the State Government the Advisory Council of Cuttack Development A t~nicipe/. Council as a member ol of sept ember. 1983.] u onty with effect from the 1st day

Note-¹{1n exercise of the powers conferred b . .

5 of the Odssha Development Authorities Act 1982 (~dSuhb-sect1on {1) of Section G ment do he~ b · · · is a Act 14 of 1982) the

State ove"! e Y constitute an Advisory Council for Bhubaneswar Develop'ment Authority with effe~t from the 1st day of September, 1983 consisting of the following members namely .

2

1. Vice-Chairman of Bhubaneswar Development Authority fa officio President 2 . Secretary, Housing and Urban Development Department or his representative

3.· Chairman, Bhubaneswar Municipal Council

4. Chairman, Jatni Notified Area Council

5. Chairman, Khurda Notified Area Council M. L. A., Jatni Constituency Member

7. Chief Architect, Odisha, Bllubaneswar

8. Director of Town Planning, Odisha, Bhubaneswa r

9. Director of Estates and ex officio Deputy Secretary to Government, General Administration Department

Ex officio Member

Ditto

Ditto

Ex officio Member6.

Member

Member

Member

10. Chief Engineer, Roads. Odisha, Bhubaneswar Member

11. Chief Engineer, Public Health, Odisha. Bhubaneswar

Member

12. Chief Conservator of Forests Odisha, Cuttack Member

13. Secretary to Government, Finance Member

Department or his nominee

10

ODISHA LOCAL LAWS (S. 6

206

16 Vice-Chancellor Od1sha Universi ty of Agriculture and Technology, Bhubaneswar Member

16 Member of Parliament Member

17 . M. L.^A., Khurda Constituency Member

18 M. L A .. Bhubaneswar Constituency Member

19 Pres ident. Bhubaneswar Chamber of Commerce Member.) Note·' {ln exercise of the powers conferred by Sub-section (1) of Section 5 of the Odisha Development AuthOrities Act. 1982 (Odisha Act. 14 of 1982) the State Government do hereby constitute en Aqvisory Council for Cullack Development Aulhority w1lh effect from the 1st day of September. 1983 consisling of lhe following members , namely

1. Vice-Chairman of Cuttack Development Authority

2 Chairman, Cuttack Municipal Council

3 Chief Architect Odisha. Bhubaneswar Ex officio Presid~nl

Ex officio Member

Member

4.^Director of Town Planning, Odisha^, Bhubaneswar

Chief Engineer. Roads. Odisha, Bhubaneswar Member

Member 5.

6. Chief Engineer, Public Health, Odisha , BhubaneswarMember

7 Chief Conservator of Forests, Odlsha Cuttack

8. Secretary to Government, Finance Department or his nominee 9 . Director of Tourism , Odisha. Bhubaneswar Member

10 Vice-Chancellor. Utkal University, Vani Vihar, Bhubaneswar

· 11 . Member of Parliament

12. M. L. A., Cuttack Sadar Member

Member

Member

Member

Member

13. President, Cuttack Chamber of Commerce Member.]

6. Consti tution of Committees- (1 ) The Authority may constitute as many committees consisting whol ly of members or wholly of other persons or part ly of members and partly of other persons and for such purpose or purposes as i t may think fit. ·

(2) A Committee constituted under this section shall meet at such t ime and place and shal l observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf.

(3) The members of a Committee (other than those who are members of the Authori ty) shall be paid such fees and allowances for attending its meetin?s and for attending to any other work of the Authority, as may be determined by regula.tions made in this behalf.

Vide Nolfn. No 37635-HU0/31 8.1983.

.,..

s. 91⁰. Development A uthor1 t1es Act, ; 982

207

' (SA. "Con stitutio n o f S . f . Pec1a1 Pu · for the purpose o carrying out an rpose Vehicle: The A . approval of the State Governmenl Y⁰! the ob1ec1s or this Act uthonty may, as may be considered necessar' constitut~ as many Special Pur aond wit~ lhe rnernbers and partly of other pe~scons1shng wholly of membefs se Vehicles

. ons.] or par!ly of

7. Objects of the Authorit Th prornote and secure the developm:~ t 0 ~ ~ 1 ~J~rct s of the Authority shall be 10 the development area concerned a . any of the area comprised . special Purpose Vehicle con stitu tedc~or~~ng to plan¹{by itself or through ' ~ a Developer Entity) and for that pu or epurpose or through an agency or acquire, hold , manage and d i sposer~~~e the Authori ty shall have power to bui ld ing, engineering, mining and oth and and ~ther properly, to carry out connection with supply of water and e~~ ope~a tions , lo execute works in other services and amenities and generall tctricity, di~posa l of .sewage, and development and coordinating develop Y

1

°

1

do anything (including controlling necessary or expedient for purposes~:~ a :~og ra 1 mmes of related agencies) incidental thereto : uc eve opment and for purposes Provided that save as pr 'd d · . .

ovi e in th is Act, nothing contained in this

Act shal l be. constrned. as authorising the disregard by the A th ·t f

law for the time being in force. u on Y o any

CHAPTER-HI

Development Plans

: 8. Preparation of interim development plan- (1) T~e Authori ty shal l

as soon as may be, prepare in interim development plan for the whole 0^;

part of the development area concerned :

Provided that if before the constitution of an Authorily for any development

area, a Master Plan of such development area or part thereof has been

published under Section 31 of the Odisha Town Planning and Improvement

Trust Act , 1966 (Odisha Act 10 of 1957) or approved under Section 32 of the

said Act , the said Master Plan shall· be deemed to be an interim development

plan publ ished by the Authority or, as the case may be, approved by the

State Government under the relevant provision of !his Act.

(2) The interim development plan shall indicate broadly the manner in which the area c;overed by it shall be used and shall contain zoning regulations regulate the development in each zone.

9. Preparation of comprehensive development plan- (1) Simultaneously with the preparation of the interim development plan or immediately, thereafter, the Authority shall carry out a civic survey and prepare a comprehensive development area or the part thereof, as the case may be . The comprehensive development plan shall-

( a) define the various zones into which the land covered by the comprehensive development plan may be divided for the purposes of developmenl and indicate the manner in which the land in each zone is proposed to be sued (whether by the carrying out thereon of developmenl or otherwise) and the stages by which any such developmenl shall be carried out ; and

1 . Ins. vide O.G.E No. \ 427, Cl. 06 1 0.201 5

2. Subs. vide O.GE No. 1427, DI 06 10.2015

11

208

ODISHA LOCAL LAWS [S.10

b · ttern of frame-work within which the zonal (b) serve as a as1c pa development plans of the various zones may be prepared .

(2) The comprehensive development plan may provide 'for any other matter which .is necessary for the proper development of the area covered by such plan and for the health, comfort , convenience and general betterment of the Pfesent and future inhabitants of the development area .

10. Preparation of zonal development plan· (1) Simultaneously with the preparation of comprehensive development p l~n or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal developm~nt plan for each of zones into which the area covered by the comprehensive development plan may be divided.

(2) A zonal development plan may ·

(a) contain a site-plan and use-plan for the development of the area covered. by the zonal development plan and show the approximate location and extent or land-uses proposed in that area for such th ings as public bui ldings and other public works and util ities, roads. housing, recreation , industry. business, market, schools, hospitals and other categories ol public and private uses:

(b) specify the standards of popu lation densi ty and buildi ng density :

(c) show every area which may, in the opinion of the Authority, be required or declared for development or re-development ;

(d) provide for al l ,or any of, the matters that have to be or may be • 1 indicated, defined or provided for in the comprehensive development plan with such modification as the Authority may deem fit ;

(e) provide !or the improvement of areas of bad layout or obsolete development and for slum areas.and for re-location of population;

(f) in particular, contain provisions regarding all or any of the following matters , namely :

(i) the division of any site into plots for the erection of bui ldings;

(ii) the al lotment or reservat ion of land for roads, open spaces , gardens, recreation grounds. schools, markets and other public purposes :

(ii i) th d e evelopment of any area into a township, or colony and the restric tions and the conditions subject to which such developments may, be undertaken or carried out ;

(iv) the ~rection of buildings on any site and the restrictions and cond1t1ons in_ r:gard to the open spaces to be maintained in or around buildings. the percentage of built up area for a plot the locations. number, size, height, number of storeys, th~ use and purpose to which buildings and specified areas of land may. or may not be appropriated or used, parking spaces and l~ad 1.ng and unloading sites for any building and the siz~ of pro1ec;ttons and advertisement signs, boardings and character of bui lding;

(v) the alignment of buildings on any site;

(vi) ~hel ?.rchitectural features of the elevation or frontage of any u1 01ng to be erecte~ on any si te;

s. 10-BJ⁰. Developme t A n uthor ities Act, 1982 209

(vii) the number of resident 1 b . . any plot or site; ta uildings which may be erected on

(viii) the amenities to be provid d . h . e 1n relation to a · on sue site whether before f ny site or bui ldings and the person or authorit ~r a ~er the erection of buildings such amenities are to be y Y w om or at whose expenses provided;

(ix) the prohibitions or restrictions r . . workshops ware-houses or egarding e_rechon of shops, architectural feature or b '. Id factories or bu tidings of a specified (x)

in the locality; u1 ings designed for particular purposes the maintenance of walls f

h·t ' ences, hedges or any other structural

b

or arc _1 ec_tural construction and the height at which they shall e maintained;

(xi) the rest rictions rega ct · th . , . r ing e use of any site for purposes other than erection of buildings ; and

(xii) any other matter which is necessary for the proper devel opment of the area cov~red by the zonal development plan or any part thereof according to plan and for preventing buildings being erected haphazardly in that area or part thereof. '[(3) For the purpose of effective and dynamic planning mechanism. a Zonal Development Plan may be divided into various sectors and it shall indicate ' the manner in which the land in each sector is proposed to be used and the stages at which any such development of sectors shall be carried out. ) ' [10A. Preparation of local development plan :(1) Simultaneously with the preparat ion of zonal development plan or as soon as may be thereafter, the Authority shall proceed with the preparation of ·1ocal development plan for each of the sectors into which the area covered by zonal development plan has been divided:

Provided that the Authority may proceed with the preparation of local development plan for any area , which is part of the development area. but for which no interim, comprehensive or zonal development plan , has. been prepared and in such cases, local development plans so prepared shal l be incorporated as such in those development plans, as and when they are prepared and approved by the Authority.

(2) A local development plan shall contain a site plan with a detailed 'road network plan for providing access to each plot and the proposed use of each plot of land in the areas under local development plan with provision of amenities besides the matters provided in sub-section (2) of section 1 O. 108 . Reservation of land for housing for poor: The Authority shall , at 'the time of preparation of development plans, earmark twenty percentum of the vacant land under res idential land use for making provisions of housing facil ities for Economically Weaker Sections and Lower Income Group categories.

1. Ins. vide O.G.E. No. 1427, Ot 06.10.2015

2. Subs. videO.G.E No. 1427. Dt.0610201 5

210

ODISHA LOCAL LAWS [S. 11

. or this section , the expression. -- Explanation. - For the purpose . t' " means th e sectron of persons

(i) " Economically Weaker Sec ion . . 'b d b th whose household income is up to the lrm1t prescri e Y e State Government. from time to time; and

(

.

1

.

1

) G ,, means group of persons whose household "Lower Income roup income is up to the limit prescribed by the State Government, from time to time. I

11 . Submission of development plan to the State G~vernn:ientfor approval ·Every development plan shall, as soon as may be after its preparation. be submitted by the Authority to the State Government for ~pprova l, and the State Government, in consul tat ion with the Director, may, ert.her approve. the plan without modification s or with such modifications as it may con sider necessary. or reject the develqpment plan, with direction to the Authori ty to prepare a fresh development plan on lines indicated by the Government.

12. Procedure regard ing preparation and approval of development plans- (1) Before preparing any development plan finally and submitting it to the State Government for approval, the Authority shall prepare a development plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in th is behalf inviting objections and suggestions from any person with respect to the draft development plan before such date as may be specified in the notice. not being earlier than sixty days from the publication of the notice. {2) The Authority shall also give reasonable opportuni ty to every local authority within whose limits any land covered wholly or partly by the development plan is si tuated, to make any represen ta tion with respect to the development plan .

(3) After considering all objections, suggestions and representations that may have been received by the Authority and after giving reasonable opportunity of being heard, to any person including representatives of Government Departments and authori ties, who have made requests of being so heard, the Authority shall finally prepare the development plan and submit it to the State Government for approval

(4 ) Prov1s1ons may be made by ru les made in this behalf wi th respect to the form and content of a development plan and with respect to the procedure to be followed and any other matter, including time l imits in connection wi th the preparation , submission and approval of lhe development plan ( 5) Subject to the foregoing provisions of this section , the State Go•1ernment may direct the Authori ty to furn ish such information as the State Government may require for the purpose of approving any development plan submitted to H under th is section

13 . Coming i nto operat ion o f t he development p lan - (1) As soon · as rray ce a fter a de'lelcpment plan has been approved by the State Government, the Author t/ shat publish tne approved development plan in such manner as may oe prescribed by regulations and shall also publish a notice 1n the Gazette anc 1n at feast one loca l ne11spaper sta ting that the development o a~ r>as :iee1 approved a rd mentioning the hours and the place where a -::; r:.1 c ' : ~e de1e op71en1 p an may be inspected

s. 14) 0 . Deve^lopment Au thori ties Act, 1982 21 1

(2) A notice under Sub-section (1) sha ll be conclusive evidence that the develop!"enty lan ~as been duly prepared and approved. The said plan sha ll come into operation from the date of publication of such notice in the Gazette.

(3) After coming into operation of the comprehensive development plan . the interim develop~~nt plan shall stand sup~rseded and .shall become inoperative and the prov1s1ons of the comprehensive development plan shall have effect.

(4) A fter coming into .operation of the zonal development plan of any zone , the prov isions of the comprehensive development plan pertaining to that zone shall stand modified and altered to the extent the provision of zonal development plan are a t variance with the comprehensive development plan. '[(5)A fter coming into operation of local development plan, the provisions of interim, comprehensive and zonal development plans per taining to such area. shall stand modified and altered to the extent the provisions o f Local Development Plan are at variance with such development plans.] CHAPTER-IV

Modifications to the Developm ent Plan

14. Mod ification to the devel opment plan - (1) The Authori ty may make any modifications to any development plan as it thinks fit , being modifications, which, in its opinion, do not affect important alterations in the character of the plan and which do not re late to the extent of land uses or the standards or population density.

(2) The State Government may make any modifications to any development plan whether such modifications are o f the nature speci fied in Sub-section

(1) or o therwise.

(3) Before ma king any modifica tions to the developme nt plan, the Authori ty or, as the case may be, the State Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person w ith respect to the proposed modi fi cations before such da te as may be specified in the notice and shall consider al l objections and suggestions that may be received by the Authori ty or the State Government.

(4) Every modifica tion made under the provisions of this section shall be publ ished in such manner as the Authority or the State Government, as the case may be, may specify and the modi fications shall come into operation on the date of the publication or on such other date as the Authority or the State Government may fix .

(5) When the Authority makes any modifica tions to any development pla n under Sub-section ( 1) it shall report to the State Government the full particulars of such modi ficat ions w ithi n th irty days o f the date on which such-modifications come into operation.

(6) If any question arises, whether the modifications propose~ to be made by the Authority are modi fications which affect importanl alterations in the character of the development plan or whether they relate to the extent of land use or the standard of po pulation density; 1t shall be referred to the State Government whose decision thereon shall be final

Ins vide 0 GE No 1427 Dt 06 10 2015

--

IS 15

: 1:

CHAPTER·V Dcvrlopmrnt of LAnn . t without permission ( 1) Nolw1lhslanding 'b't

11111 d1' 1 1'lo pn1t•n 1 .1 1

1 '·~

1111111 ' 1 :-i ii' :\~

1 :'. Go~ t• i nmcn l 01 n loca l authority or 8 .1 arr>.1111111•111 rl tr>r t •'

1111 •

11

"

1 ~ ~,;, 1111 shil ll1Yi th111 th t' development area. to o.:h C'Np.-1 ilh' ("0nsl1lul1'•1 .rno1 r • • d .• r i ~I" 1111 11e through lay out] any land for u til is ing 1•l [suo 111ul' "' ,1 1 ",. ' • . . , st'llmo l l'a~mo out 01 ll lherw1sc disposing 11 ~ f unless he. a fter

obta11;,110 i\litl~n 1.11.•rn11S$1C1 11 from lhe Authorrl y. lays down and mat..es a' sueel N slfc:'l'IS g1v1ng access and 'tngh l of way to all

1 nal plc>ls) "*' 11 tiich he intends to subdivide lhe land so as lo

C'onnert tlH?m wi1h an e"stmg public or p rr va le s lreel and also

pr<.' i 1at>s amenities 11 an\' spec1f1ed by the development p lan in :

operaHo" <'I 1egula11ons perta1nmg to planning or building standards

made 1n t111s t>ehall

(111 111 st11ute or rhanoe lhe us<.' of any lnnd or building or undertake or carry out any ·developmrn1 111 any building or in or over any

and \\ 1hou1 ct'ta1n1ng permission in wri11ng from the concerned

Autho111y

Provided thill no such permission shall be necessary for-

1al lhe carry1119 out of such works for the maintenances. improvement

or other alterat ion of any building as may be speci fied by

regulations made in 1h1s behalf,

l b) 1he carrying out by any local authority or by any department of

Government of any wo·~s for the purpose of inspec ting, repairing

or renewing any drains. sewers, ma ins, pipes, cables or o ther

apparatus including the breaking open of any street of olher

land, lor that purpose.

(c) ~pera11ona l construcllon by a department of Centra l or a State overnmenl or a local aulhonty or a body corpora te constituted under any law

(2) Alter the coming mto 0 area . all developments rn that a peratron of any development pla n in any and no person shalt use or e rea shall conform to such development p lan area o therwise than in con r:r~~ ^111.0 be used any land or building in that

. i Y v111h such development plan

(3) Notwithstanding anylhin . · development of any land begu b g contained in Sub-sec tions ( 1) and (2 ) Government or any local autho~i Y

0

: ny department of the Central or State law before the commencement 011 ~ a body corpora te constitute under any or local aulhority or body corpo t

18

Ac t may be completed by that depar tment of those sub-sectrons ra e Wilhout compliance with the requirements

1

,.

s 161 0 Developmen^{t Au}lhont it:s Act 1987 213 '((4) I he State Government may cxctud!' cNIJm c:i tcqorics ol development

14

21 4

ODISHA LOCAL LAWS

(S. 16

d Sub-section (3) with or without

(5) Every permission granled un ber prescribed by regulations . condition shall be in such form. as ma: e shall be communicated to the

(6) Every order under Sub-section (³~b d by regulations.

. . h may be prescri e applicant in sue manner. as . · decision either grantin

(7) If the Authority does not. comm~~~a:e ~smonths from the date 0 ~ or refusing permission to the applicant ~1! in w licant shall in the form receipt of the application by the Authority: the faf :e Vice-Chairman of the prescribed by regulations draw the attention o

Authority with regard to his application. by registered post. .

(8) If ·th. f rther period of one month from the date of re.ce1pt of · wi in a u . · d 1n Sub-section (7) the application drawing such attention, as menti~ne . . •

the Authority does not communicate its dec1s1on, either granll.ng or refusing permission such permission shal l be deemed to have been . granted to the applicant on the date immediately following lhe date of expiry of lhe lhree months' period :

Provided that In computing the period of two months under Sub-

section (7) and further one month under Sub-section (8) the period in between the date of requisitioning any further information or documents from the

applicant and the date of receip l of such Information or document from the applicant shall be eKcluded. .

(9) The order passed under Sub-section (3) shall , subject to the order passed in appeal, if any, be final.

(10) Where permission is re fused under Sub-seclion (3), the applicant or any person claiming through him shall not be entitled to get refund of lhe fee paid on the application but the Authority may, on an application for refund being made within three months from communication of the grounds of the refusal, direct ref,und of such portion of the fee as it may deem proper in the circumstances of the case.

(11) The Authority shall keep in such form as may be prescribed by regulations a register of applications for permission made under this section

(12) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with. as may be prescribed by regulations and shall be available for inspection to the public at all reasonable hours on payment of such fees. as may be prescribed by rules.

CASE LAW :

Sec. 16 - Enviro11ment Protection Act - Non-allowing of construction activities within the prescribed norms of Coastal Regulation Zone-II by Purt-Konark Development Authort/y · Wf/t · For the purpose of urban plan11ing including Town Planning needs to be done following the provisions contained in Municipal Act and Rules - Even after Puri Mumcipsl area Is brought under Coastal Regulation Zone /he law as existed in February, 1991 will be the law for all purposes i.e law to be followed as prevailing in lh9 fiold will be ~uniclpal Act and Rules - PK.D.A. being an authority under _the. E.P.Act so far as its action reletcs to Puri town coming under tha Puri Mu111c1pat1ty are to be covered under t/Je provision and it has no role to play taking the help of provisions from the Odisha Development Authority Act • Any action undertaken by the PKDA under the provisions of Section 15. 16 or 91 and 92 of the O D.A.A71 are per se illegal and such action cannot be sustained in the eye of law - Held, impugned order being an action contemplated under Sub-section (3) o/ Section 16 of the O.D.A Act. the same is illegal being without competency and thus · •

S 16-A] 0. Development Authorities Act, 1982 215

the same quashed. PKDA bein~ _an implementing agency under the E eeds to set fo//owmg /he provisions under /he CRZ Not1f1cat1ons . B ·1 .P AKct, 1986 n Id t H t 1 A · · · 1 aya rushna oas • Pr es en , o e ssoc1at1on of Puri v. State o f Odfsha and others :

201 5 (I} OLR 588 .

s ec. 16(1), 16(7) and 16(8) - Construction of a res1dentiallcommerciat

S+8 buildi~g - Approval of plan - Deem~d ~anct1on of plan • A deemed provision is

legal fiction created by a statute and 111 mterpretmg a legal fiction the Court is 10 ~irst ascertain t~e purpose. for which the fiction is created • /n construmg the

rction its effect 1s not to be extended beyond the purpose for which it 1s created _ ~ourt cannot hold that the deeming. provision under ~ec. 16(8) can be applied in

the facts of the case : (MIS .) Z. Eng111eers Construction (P) Ltd. v. Bhubaneswar

Development Authori ty and ano ther : 2006 {II) OLR 277

Sec. 16(8) -Approval of Building plan - Deemed sanction of plan - Conditions

n sending the form • Relevant form is Form Ill and the same is s statutory form -

~onditions are to be mandalorily followed by anyone who seeks to invoke the benefit nder sec. 16(8) - This has not been done in the present case · Without compliance

u th these statutory requirements. the petitioner cannot claim Ille benefit of Section ~~( 8 } : (Mi s .) Z. Engineers Cons truction (P) Ltd. v. Bh ubaneswar Development

Authority and another : 2006 (II) DLR 277 .

sec. 16(8) - Deemed gran t of permission - Petitioner on 30. 09. 2008 made

an application under Sec. 16 of the Act seeking permission for construction -

Petitioner not communicated wi th any decision ei ther of grant or refusal of permission ithin two months from the date of the receipt of the application - Petitioner again Vin 3o. 11 . 2008 made another application under Sec. 16(7) of /he Act by reg:su red 0 051 _ Even after lapse of one month of receiving such /el/er, no communlcat:~.-. was ~eceived • Held, alt the technical requirements have been satisfied in the case - No ·mpediment to come to a conclusion that the benefit of the deemed provision should

~e extended to trye petitioner-company : Praxlar India Pvt. Ltd. v. Sub-Collector

and Sub-Divisional Mag ist ra te, Angul and others : 2013 (I) OLR 813 : AIR

2013 Ori. 137.

'(16A. Common Application Form for permission :(1) Notwithstanding

anything contained in this Act or in the Rules or Regulations made thereunder,

for the purpose of simplification of process for grant of perrn1ss1on by the

Authori ty under section 16, the State Government may prescribe Common

Application Form to be used by persons requiring such permissions.

(2) Every person shall make a Common Application to the Authority in such Form, in such manner and subject to such conditions as may be prescribed.

(3) On receipt of Common Application Forms, the Authority s~all transmit copies of such applications to all such Departments and Agen~1es of lhe State Government from which No Objection Cerlificales are required before grant of permission by the Authority and such Departm~nts and A~~ncies of the State Government shall consider for grant of such No Ob1ect1on Certificates to the Authority as per the time limits fixed in the ru les and in the eve.nt of failu re of any Department or Agencies of the State Govern ment to communicate their views with in the time limits fixed, then No Objection Certi ficales shall be deemed to have been obtained.

(4) The State Government may make rules for prescribing lhe detailed procedures for processing of Common Application Forms by Departments and Agencies of the State Government, and also on other such matters as required in this regard .

1. Ins v1de O.G.E No. 1427, Dt. 0610 2015

I

I

\1 l

15

216

ODISHA LOCAL LAWS

[S. 17

. ined in this section . any application

(5) Notwithstanding anything conta 1 of the Odis ha Development pending immediately before the commencemen sidered in accordance with Authorities (Amendment) Act, 2015 shall be con e 1 I the provisions existing prior to such commencem

11

• • • f

. . If 1 any time after perm1ss1on or 17. Revocation of permission· a

1

. (3) of Section 16 the d I I h b l

ed under Sub-sec ion ' eve opmen as een gran . d d in consequence of . Authority is satisfied that such sanction was acc~r e enl contained in the any material misrepresentation or fraudulent sta em. . d f · · · · ·1 by order in writing an or reasons appl1cat1on for such permission,! may, d

1

ment undertaken in to be recorded cancel such perm1ss1on and any eve op d pursuance of such permission shall be deemed to have been un ertaken without permission as required under Section 15 :

Provided tha t before making any such order the Authority shall give reasonable opportunity to the person affected to show cause as to why such order of cancellation should not be made.

Case Law :

Permission for construction of kiosks - Subsequent cancellation· Development Authority has to give a reasonable opportunity to the "person affected" to show cause as to why such order of cancellation sflould not be made • Principles of natural justice would be violated. In the present case expression ·person affected"

would include the members of the petitioner-society • Since reasonable opportunity of showing cause not given, order cancelling the earlier permission, quashed • Further direction issued : Raf path Footpath Byabasai Sangha v. State o f Odisha and 3 others : 2005 (/) OLR 21.

18. Appeal against the decision of the Authori ty under Section 16 or 17 • ( 1) Any applicant aggrieved by an order under Section 16 or Section 17 may, in such manner and accompanied by such fee as may be prescribed by rules prefer an appeal within forty-five days of the receipt of the order to the Stale Government or an officer appointed by the State Government in this behalf.

(2) The appel late authority may, after giving a reasonable opportunity to the appellant and the Authority or being heard, by order, either dismiss the appeal or all?w.it by p~ss i ng an order granting permission unconditionally or grant1n~ perm1ss1on sub1ect to such condilion. as it may th ink fit, or removing the co~d1twns subje<;t to which permission has been granted and imposing cond1t1ons . 1f any as it may think fit.

(3) The decis ion of the appellate aulhorily shall be final and shall not be questioned in any Court or law.

Case Law :

. Appeal under - Right of · Third party has no such right : (Mis.) Swastik Bu!lders and Development Pvt. Ltd. v. State of Odisha and o thers : A IR 2001 On. 80.

· 19. Use of la nds and buildings in contravention of development plan -After the coming into operation of any of the development plans in any area no Ji)er~on shall. use or permit to be used any land or building in that area otherwise than in conformity with such developmenl plan :

P.rovided that it shall be l~wful to continue the use upon such terms and cond1t1ons. as may be prescribed by regulations made in this behalf of any land or building for the purpose and to the extent for and to which it is being used upon the date on which such development plan comes into force. s. 21)⁰. Development Authorities Act. 1982 217

20. Duration o f permiss ion -Every per . . Chapter shall remain va lid up to three yea rs duri~g1 ss1ho'nhgran.ted under t.his

. , f · . w IC period completion certificate rom a registered architect or engineer or th e Authority in the forms prescribed by regulations sah plel rbson approved by · d h · . a e submitted and

or this ~s not ~ne, ' · e perm1ss1on shall have to be re-validated before the

expiration of this pen~d o_n payment of such fee as r:iay be prescribed under

rules and such revahdat1on shall be subject to the rules and regulations

then in force .

1 (20A . Gr an t o f Occu pancy Certi f icate : On receipt of Completion

certificate u_nder section 20, the Authority shall c·onsider for grant or Occupancy

certificate in such Form for author izing occupation of the building or the

premises in part or fu l l, on payment of such fees and on such terms and

conditions as may be prescribed.]

21 .. Power of the Authority to undertake development - (1) Subject

to the provisions of th is Act and rules or regulations made thereunder, the

Authority may undertake development in any area under its jurisdiction by

framing and executing development schemes.

(2) Notwithstanding anything contained in Sub-section (1 ), it shall be lawful for the Authority to undertake development in any area outside its jurisdiction for the purpose of providing amen ities and util ities which are wholly or partly beneficial to the residents of the area under its jurisdiction.

(3) A development scheme may make provision for a ll or any of the following matters, namely :

(a) acquisition of land by purchase, lease or otherwise and to erect thereon such build ings or to carry out such operations as may be necessary for the purpose of carrying on its objects:

(b) construction, maintenance, extension , management and conduct of-

(i) any undertaking for the generation or supply and distribution, or for both of electricity and ga s to the publ ic, (i i) any undertaking for providing adequate water supply;

(c) disposal of sewage and manufacture of sewage gas:

(d) layout or re-layout of vacant or bui lt-up land covered by the scheme:

(e) ·filling up or reclamation of low-lying, swampy or unhealthy areas or levelling of land ; ·

(f) layout of new streets or roads and construction, diversion, extension, alteration, improvement or closure of s treets. road, traffi c islands and communications:

(g) construction, reconstruction, alteration, Improvement and maintenance of buildings, public streets, bridges, culver ts , cause-ways and other structures :

(h) assembling , relaying out and re-distribution of property comprised in the scheme;

(i) lighting, watering and cleaning of streets and other publ ic places;

1. Ins. vide 0 G E No 1427. Ot. 06 10 2015 I;

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17

I '

220

{I) (g) (h) (i) (j) (k)

(I)

(m) (n)

OOISHA LOCAL LAWS (S. 22

the re-distribution of sites belonging to owners of property, comprised in the town planning scheme; .

. f 1 d for roads open spaces, gardens the allotment or reservation ° an t 'een belt and dairies ' recreation grounds, school~ , marke s, g~

11

kinds . ' transport facilities and public purposes^{0~ '} undertaking housing scheme for differen t income gro_ups, and undertaking development or re-development of com~erc1al areas, industrial estates and similar type of development, the drainage, sewerage, water-supply, fighting or gas-supply; the acquisition by purchase, exchange or _otherwise of any prop~rty necessary for or affected by the execution of the town planning scheme ;

closure or demoli tion of dwelling or portion of dwelling unit for human habitation;

the demolition of obstructive buildings or portion of buildings; the safe, lease, exchange of any property comprised in the town planning scheme:

the provision of sanitary arrangements required fqr the area comprised in the town planning scheme including drains, the disposal of waste and refuse and the conservation of and prevention of injury or contamination to rivers or other sources and means of water- supply;

(o) advance of money for the purpose of the town planning scheme;

(p) the preservation of objects of historical or national interest or natural beauty and of buildings actually used for religious purposes;

(q) the imposition of conditions and restrictions in regard to open spaces to be maintained around buildings , the percentage of building areas for a plot, the number, size, height and character of buildings allowed In specified areas, the purposes for which buildings or a specified area may or may not be used, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, park ing spaces and load ing and unloading spaces for any building and their sizes of projection and advertisement signs;

(r) the suspension as far as may be necessary for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the legislature of the State of Odisha is competent to amend ; ( s) the reservation of land to the extent of ten per cent, or such percentage as near thereto as possible of the total area , covered under the town planning scheme, for the purpose of providing housing accommodation to the members of the socially and economically backward classes of people;

(I) such other matters not inconsistent with the objects of th is Act as may be prescribed by rules.

(5) In making provisions in a town planning scheme, for any of the matters referred to in Sub-section (4) ii shall be lawful for any Authority with the approval of the State Government and subject lo the provisions of Section 30 to provide for suitable amendments of the development plan. s. 24) 0. Development Auth ·t·

on ies Act, 1982

221

23. Declaration of intention top

1 Before making any town planning sc~e:'are_ a town planning scheme . A

(2) Within thirty days from the date of the d . . .

• make town planning scheme under Sub-sectio~clarat1on of the ·~tent1on ~oublish the declaration (hereinafter referred to as dec~!~~:i~~)~~t~ho:·~a:=~fl and in such other m~nner as may be prescribed by rules and despatch :

coPY thereof, alo~gw1th a plan showing the area which it proposes to include in the town planning scheme, to the State Government.

(3) Wi th_i n fifteen days from the date of publication of the declaration under Sub-section (~) the Authority shall publish a notice in the manner prescrib_ed by r~les ~n the Gazette a~d at least in one local newspaper inviting informations in the form pre~crrbed by rules, to be furnished within two months from the date of pubilcallon of such notice In respect of any title or interests any pers_on may have, in the lands or buildings covered by the intended town p lanning scheme.

, (4) A copy of the plan despatched to the State Government under Sub-section (1) shall be open to inspection by the public at the time and place to be specified in the notice.

24. Prepa ration and publication of draft town planning scheme etc .-(1) Within twelve. months from the date of declaration of intention to repare a town planning scheme the Authority shall prepare a draft town ~tanning scheme for the area in respect of which the said declaration has been made :

Provided that on application by the Authority in behalf, the State Government may, from time to time, by notifica~i?n exten~ the aforesaid period by s~ch period or periods, as may be spec1f1ed therein, so however that the perrod or periods so extended shall not, in any case, exceed six months in aggregate.

(2) The Author ity shall immediately after the preparation of the d~aft town planning scheme prepare a notice stating that draft town planning scheme in respect of the area for which intention to prepare such scheme was declared under Sub-section (1) of Section 23 has been pr.epared and that the boundaries of the area comprised in the town planning scheme and the ptace and the time at which particulars of the scheme may be seen , the notice shall also state as to where and during what hours a c~py ~hereof or any extract therefrom certified to be correct, sh.all, o~ applrcat~on, be available for sale to the public at a price to be mentioned in the notice.

(3) The Authority shall- .

(a) cause the said notice to be published in the Gazette and 1_n at least one local newspaper inviting objections an_d suggestions in writing from the interested person within forty:f1ve days of the publication of the notice in the Gazette : and . .

(b) serve a copy o f the notice within thirty days of the publ1ca1ton of the notice in the Gazette under Clause (a), on each of the owners of land comprised in the. town planning sc~eme . or any person or persons believed to be interested therein. . .

d f t I nning scheme within (4) If the Authority fails to make a r~ t . own Pa . d tended under the period specified in Sub-section (1) or within the peno ex

the proviso to Sub-section (1 ), the declaration shall lapse.

\

'

18

222 ODISHA LOCAL LAWS [S. 25

25. Power of State Government to require Authority to make town planning schemed _ Notwithstanding anything contained in. Sections 23 and 24 . the State Government may. after making such enq uiry as it may deem necessary, by notificat ion, require any Authority to m.ake and publish in the manner prescribed by rules and submit to it for sa.nct1on , a draft to.wn planning scheme in respect of any area in regard to which a town planning scheme may be made.

(2) For lhe purposes of this Act and the rules made thereunder. the publication of notification under Sub-section (1) shall be deemed to be publication of a declaration under Sub-section (2) of Section 23.

26. Inclusion of additional area in a draft town planning scheme - If, at any time, before a draft town plann ing scheme is prepared and submitted to the State Government for sanction, the Authority is of the opinion that an additional area be included within the said scheme, the Authority may, after informing the State Government and after giving notice in the Gazette and in at least on local newspaper include such additional area in the draft town planning scheme and thereupon all the provisions of Sections 22, 23. 24 and 25 shall apply in relation to such additional area as they apply to any original area of the town planning scheme and the draft town planning scheme shall be prepared for the original area and such additional area and be submitted to the State Government for sanction .

27. Contents of draft town planning scheme-A draft town planning scheme shall contain all or any of the following particulars, as far as may be necessary, namely : ·

(a) the ownership. area and tenure of each original plot ;

(b) part iculars of land a'llotted or reserved under Clauses (a) and1

(g) of Sub-section (4) of Section 22 with a general indication of uses to which such land is to be put and the terms and conditions subject to which, such land is to be put to such use ;

(c) the extent to which it is proposed to alter the boundary of original plots by reconstitution;

(d) an estimate of the total cost of the town planning scheme and the net cost to be borne by the Authority;

(e) a full description of all the details of the town planning scheme with respect to the matters referred to in Sub-section (4) of Seclion 22 as may be applicable;

(f) the laying out or re-laying out of land , either vacant or already built upon;

(g) the fill ing up or reclamation of low lying swampy or unhealthy areas or levelling up of land, i f such land exists in the town planning scheme area ; and

(h) any other particulars which may be prescribed by rules.

28. Reconstituted plots- (1) In the draft town planning scheme, the size and shape of every reconstituted plots shall be determined, so far as may be, to render i t suitable for building purposes, and where a plot is already built upon, to ens ure that the building . as far as possible. complies with the provisions of the draft town planning scheme as regards open spaces.

s. 301⁰. Developme 1 A • n uthorit1es Act, 1982 223

(2) For the purposes of Sub-section maY contain proposals- (l) a draft town planning scheme

(a) to form a final plot by reconstitution of .. of the boundaries of the orig ' 1 1 ~n original plot by alteration . ina p ot i f necessary

(b) to form a final plot from an or . 1 · partly of any-adjoining lands \gina plot, by the transfer wholly or

(c) to provide with the consent of th • plots . which are owned b e owners. that two or more original jointly be held in ownerZh~evera l persons or o~ned by persons without alteration of bound~r:~sc~mmon as a fina l plot, with or

(d) t~ at~lott a final plo~ to any owner, disposed of land in furtherance

0 e own P ann111g scheme; and (e) to transfer the ownership of an original plot from one person to another. (3) Where ~he purposes to which any buildings or specified areas may not be ?ppropnated h.ave been specified in accordance with Clause (q) of Sub-section (4) of Section 22, such buildings or areas shall cease to be used for a purpose, other .than the purposes specified in the draft town planning scheme , within such time as may be specified in ·the final town planning scheme and the person affected by this provision, shall be entitled to compensation from the Authority in the manner and according to the method prescribed by ru les : Provided that in ascertaining such compensation. the time within which the person affected was permitted to change the use shall be taken into consideration . 29. Disputed ownership-(1) Where there is dispute as to the ownership of any land included in an area, in respect of which a declaration has been made under Sub-section (1) of Section 23 and any entry'in the records-of· right or mutat ion relevant to such dispute is inaccurate or inconclusive. an enq uiry may be held on an application being made by the Authority or the Valuat ion Officer at any time prior to the date on which the Valuation Officer· draws up the preliminary town planning schemes under Section 35 by such officer as the State Government may appoint for the purpose of deciding as to who sha ll be deemed to be the owner for the purposes of this Act. (2) Such decision shan not be subject to appeal but it shall not operate as a bar to a regular suit in the Court of competent jurisdiction. (3) Such decision shall, in the event of the Civil Court passing a decree which is inconsistent therewith, be corrected. modified. or rescinded in accordance with such decree, as soon as practicable. after such decree has been brought to the notice of the Authority by the Civil Court or the person concerned. (4) Where such a decree of the Civil Court is passed after the fina l town planning scheme has been sanctioned by the State Government under Section 48 such final scheme shall be deemed to be suitably varied by reason of such decree. 30. Objection to draft town planning scheme to be considered-All ob1ections, suggestions or representat ions received in respect. of a. draft town planing scheme in response to, and within the period specified in the notice publ ished under Clause (a) of Sub- section (3) of Section 24 shall be I I I.

19

224

ODISHA LOCAL LAWS [S. 31

. which may after hearing all such persons forthwith considered ~y the Authontyestions or ~epresentations as may have making any such ob1ections, sugg . t may al any time befo desired to. be heard or their duly _authonsed agt enths~ Staie Government are I · th d aft town planning scheme o • s subm1 ting e r 1 · scheme as it considers fit hereinafter provided, modify such town P anning . 31 . Power of State Government to sanction draft town P!ani_ng

scheme-The Authority shall. within six months from the d_ate of publication

of the notice regarding preparation of the draft town planning scheme un?er

Clause (a) of Sub-section (3) of Section 24. submit the draft town plann~ng

scheme with modification, if any, that (may have been made un~er Sect~on

30, together with the objections, suggestions and represe~tahons "."h1ch

may have been communicated to it to the St~te Government for sanction.

(2) After receiving the draft town planning scheme a~d. aft~r making such enquiry as it may think fit, the State Government may, w1thin ·s1x months from the date of its receipt by noti ficat ion , either sanction the draft town planning scheme wi th or without modification or subject to such conditions as it may th ink fit to impose, or refuse to accord section .

(3) If the St~te Government sanctions the draft town planning scheme, it shal: in such notification mention the place at which and time during which the draft town planing scheme as so sanctioned shall be open to inspection by the publ ic and the State Government shall also mention therein where and during what hours a copy thereof or any extract therefrom , certified to be correct, shall on application be available for sale to the public at a price to be mentioned in the notice.

' [31A. Effect of sanction of Draft Town Planning Scheme :(1) Where a draft scheme has been sanctioned by the State Government under sub- section (2) of section 31(hereinafter referred to as the sanctioned draft scheme), all land required by the Authority for the purposes specified in clauses (d),

(i) and (n) of sub-section (4) of section 22 shall vest absolutely with the Author t'I free from all encumbrances.

(2) Nothing in sub-section (1) shall affect any right of the owner of the land so vested for the purpose mentioned in that sub-section.

(3) Provisions of sections 51 and 52 shall , mutatis mutandis, apply to the sanctioned draft sch.eme as if, the sanctioned draft scheme were a preliminary town planning scheme.)

32. Restriction on use and development of land after publication of draft town planning schemed - ²[(1) On or after the date on which declaration of intention has been made by the Authority under sub-section (1) of section 23 and ~ul_y published as required under sub-section (2) thereof, no person shall, w1th1n the area in respect of which the intention has been declared carry out any development unless such person has applied for and obtained necessary permission from the Authority for doing so in the form as may be prescribed.)

. (2) Where a~1 application for permission under Sub-section (1) is re~e1ved by the Authority, 1t s.hall send to the applicant a written acknowledgement of its receipt and after making such enquiry as it deems fit and in consultation with the Valuat_lon Officer, if any, may either grant or refuse such permission or grant 1t sub1ect to such conditions as it may think fit to impose. Ins. vide 0 GE No. 1427, Ol. 06.10.2015

2 Subs, v1de 0 G E No 142 7, Ot 06. 10.2 015 s. 34) 0 . Development Authorities Act, 1982 225 (3) The pr~v isions of Sections 90. 91 and 9 ly in relation to unauthorised development 3 shall as l~r as may be, aPP 1 ning scheme. or use of land included in a town Pa (4 ) The restrictions imposed by Ibis section h 11 f th State Go e s a cease to operate 1n the event o e . . v rnment refusing to sanction the draft town lannin scheme or the pr~hminary town planning ~cheme. or in the event of the w~hdraw:i of the town plann.ing scheme under Section 4g or in .the event of the declaration f intention lapsing_ under Sub-section (4) of Section 24 . 0 (5) Any diminution in the value of an original plot 0 . d b · f h · · ccas1one y any contravention o. t e prov1s1on of ~uh-section (1) or of any condition imposed nder Sub-section (2) s~all , notwithstanding anything contained in S.ections ~O. 61 and 62 be taken into account in fixing the market value of such plot. (6) On .and alter the date referred to in Sub-section (1 ), the Authority . tending to carry out development of any land, wi thin the area included in in . h f . the town planning sc eme, or its own purpose in exercise o f its powers der any law for lfle time being in force, shall carry out such development ~:conformity wit.h the provision~ of such scheme , and of the bye-law and regulat ions relating to construction of buildings. (7) The provisions of this section shal l not apply to any operational constructions undertaken by the Central Government or a State Government. 33. Appointment of Valuation Officer -(1) Within one month from the date, on which the sanction of the State Government to a draft town planning scheme is notified in the Gaze/le, the Stal~ Government shall appoint a Valuation Officer, p.ossessing such qualifications as may be prescribed by rules for the purpose of such town planning scheme and provide him with such number of offjcers and staff as may be considered necessary and 'his duties shall be as hereinafter provided. '[Provided that the State Government may, on the request made by the Authority, appoint a Valuation Officer within one month from the dale of publication of the draft town planning scheme under subsection(3) of section 24.) (2) When a person appointed as Valuation Officer under Sub-section (1) ceases to hold the office and another person is appointed in his place, any proceedings pending before such officer immediately before the date he ceases to hold the office, shall be continued and disposed of by the Valuation Officer appointed in his place. (3) A Valuation Officer appointed under Sub-section (1) for the purpose of any town planning scheme shall cease to hold office wi.th effect from the date on which the final scheme is sanctioned under Section 48. 34. Duties of Valuation Officer-Within a period of twelve months from the date of his appointment, subject, however, to the provisi.ons of Sub-section (2) of Section 33, th~ Valuation Officer shal l, _alter follow1~g the . procedure prescribed by rules, subdivide the town planning scheme into a preliminary town planning scheme and a final town planning scheme: Provided that the State Government may, from time to time, by order In writing, extend the said per iod by such further period or periods, as may be specified in the order and any such order, extending , the period may be made so as to have retrospective effect. Ins vide O G.E. No 1427, Ot. 06.10.2015 I I 1. I l

226 ODISHA LOCAL LAWS IS 35

· 35. Contents of preliminary and final town planning scheme-(1 ) In a pre liminary town planning scheme , the Valuation Officer shal l ·

(1) after giving notice in the manner and in the form prescribed by rules to the persons affected by the town planning scheme, define and demarcate the areas allotted to, or reserved for, any publ ic purpose. or fo r any purpose of the Authority and the f inal plots, (1i) after giving notice as aforesaid, determine in a case In which a hnal plot 1s to be al lotted to persons in ownership in common , the shares of such persons :

(111) provide for the total or partial transfer of any

(iv) determine the period with in which the works provided in the town planning scheme shall be completed by the Au thori ty

(2) Th e Valuation Officer shall submit the preliminary town planning scheme so prepared. to the State Government for sanction and shall thereafter prepare and submit to the State Government the fina l town planning scheme in accordance with the provisions of Sub-section (3).

(3) In a final town planning scheme, the Valuation Officer shall -

(1) fi x the difference between the total of the values of the original plots and the tota l of the values of the final plots included in the town planning scheme in accordance with the provisions of Clause

(f) of Sub-section (1) of Section 60 ;

(ii) dete~m ine whether the areas used, allotled , or reserved for a public purpose or purposes of the Authori ty are beneficial wholly or partly to the owners or residents within the area of ihe town planning scheme;

(iir) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose, or for the purpose of the Authority which is beneficial partly, to the owners or residen ts with in the area of the town planning scheme and partly lo the general publfc, which shall be in the cost of the town planning scheme;

(iv) calculate the contribution to be levied under Sub-section (1) of Section 62, on each plot used. allotted or reserved for a pubhc purpose or fo r the purpose of the Authority, which is beneficial partl y lo the owners or residents within the area of the town planning scheme and partly to the general public;

(v) determine the extent of exemption, i f any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;

(vi) :stimate !he increment lo accrue in respect of each final plot included in the town planning scheme in accordance with the provisions of Section 61 ; ·

(vi i) ~atcutat_e the proportion of the contribution to be levied on each plot in the final town planning scheme to the increment estimated to accrue in respect of such plot under Sub-section (1) of Section 62; s 38) 0 Development Authorities A t c . 1982 227

(vi ii) calculate the contribulion to be levied on h in the final town planning scheme . eac final plot included

(ix) determine the amount to be deducted from d case may be, the contribution leviable from a P~r a ~ed lo, as the wi th the provisions of Section 63 ; rson'" accordance

(x) estimate with reference to cla ims made before h" f . b · b h" · im, a ter notice has

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ee

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nhg1ven Y 1m_m the man~er and in the fo rm prescribed by rue, e compensation to be paid to the owner of a or right injuriously affected by the making of the townny plroperty h . d . h p anning sc eme 1n accor ance wit the provision of Section 65 .

(xi) ~raw in the forn:i prescribed_ by rules the preliminary ~nd the final t_own planning scheme in accordance with the draft town planning scheme:

Provided that the Valuation Officer may make variation from the draft town planning scheme

1

, ~tuht ntho such yariation. i.f it is of a substantial nature, h 11 be made excep WI e previous sanclton of the State Government !n~ except after hearing the Authority and any owners who may raise objections. Explanation· (i) For the purpose offhis proviso 'variation of a substantial

ture" means a variation which is estimated by the Valuation Officer to involve

:~d increase of ten per cent in ~he cost_s of the scheme as is described in

section 60 or rupees one lakh, whrch~~er 1s l~wer, on account of the provisions

f new works or the all61ment of add1t1onal sites for public purposes included

~n the preliminary town planning scheme drawn up by the Valuation Officer.

(i i) If there is any difference of opinion between the Valua tion Officer

and the Auth·ority as to whether a variation made by the Valuation Officer is

of substantial nature or not, the matter shall be referred by the Authority to

the state Government whose decision thereon shall be final.

36. Certain decision of Valuation Officer to be final-Except in matters arising out of Clauses ( ii i), (iv), (vi). (vi i), (vii i) and (x) of Sub-sect ion (3) of section 35 every decision of the Valuation Officer shall be final and binding on all persons including the Aut~orily.

37. Appeal-All decisions of the Valuation Officer under Clauses (iii ), (iv), (vi), (vii), (viii) and (x) of Sub-section ~)of Section 35 shall forthwith be communicated to the party concerned in the form prescribed by· ru les and any party aggrieved by such decision, may, within one month from the dale of communication of the Clecision, prefer an appeal to the Board of Appeal constituted _under Section 38.

38." Constitution of Board of Appttal-(1) The State Government shall , by notification, cqnstitute one or more Boards of Appeal having such local jorisdiction as may .be specifiect in the notificat ion.

(2) Each Board of Appeal shall consist of a president and two members lo be appointed by the State Government.

(3) ' [The President shall be a person who is or.has been. a District Judge or Additional District Judge in the State of Odisha) and the members shall be persons having knowledge and experience in valuation of land, town planning or civi l engineering .

2 (Provided that such District Judge or Addit ional District Judge must not have been prematurely retired.]

1,

2.

Subs. vide 0 .G.E. No. 1427, Ot. 06.10.2015 Added vide O.G.E. No. 1427, 01. 06. 10.2015

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228 ODISHA LOCAL LAWS [S 39

(4) The President and the members shall be appointed for such period as may, from time to time be specified by the Stale Government.

(5) The State Government after giving an ~pportuni ty of being heard may, if it thinks li t, remove for incompetence or misconduct or f~ r any other good and sufficien t reason the President or any member appointed under Sub-section (2).

(6) The Board of Appeal shall hear and dispose or appeals preferred to it under Section 37 .

(7) If the President or any member is removed or lies. or refuses or neglects to act or becomes incapa ble or acting, the State Government sha ll appoint forthwith another person in his place.

3 9. Power of the President to require Valuation Officer to be present during hearing-The President may require the Valuation Officer to be present at the hearing of the appeal for assisting it on matters to be determined by the President.

40. Place where Board may si t -The ·Board of Appeal may sit at such place as the State Government may determine .

41. Decision of question of law and other questions- All questions of law and procedure shall be decided by the President and all other questions shall be decided by the President and the two members or by a majority of them.

42. Powers of Board to decide matters finally- (1) After making such inqu[ry as it may think fit , the Boa rd of Appeal may eith er pirect the Valuation Officer lo reconsider his proposals or may accept, modify, vary or reject the proposals of the Valuation Officer.

(2) The decision of the Board of Appeal shall be final and binding on all persons.

43. Board not to be a Court-Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a Court.

44. Remu neration of President and members - (1) The President and the members shall, save, where they are ·salaried Government Officers. be entitled to such remuneratiqn, ej ther by way of monthly ·salary or by way of fees or partly by way of salary and partly by way of fees, as the State Government may, from time to time, determine.

(2) The salary of the President of the Board of Appeal or a member who is a salaried Government officer and any remuneration payable under Sub-section ( 1) and all expenses incidental t.o the working of the Board of Appeal shall, unless the State Government otherwise determines be defrayed out of the funds of the Authority and shall be l!ldded to the costs of the town planning scheme

45. Decision of Valuation Officer to be final In certain matters and variation of scheme in view of deci sion in appea l - (1) Where no appeal has bee n preferred under Section 37 in respe.ct of a matter arising out of Clause (iii), Clause (iv), Clause {vi), Clause (vii) , Clause (viii) or Clause (x) of Sub-section 3 of Section 35, the decision of the Valuation Officer shall be final and binding on the parties.

(2) Th e Board of Appeal shall send a copy of its decision in appeal to the Va luation Officer who shall , if necessary make any variation in the town planning scheme in accordance with such decision and shall forward s. 48)⁰. Development Authori ties Act. 1982 229

the final town planning scheme to.g~ther with a copy of his decision under section 36 and a cop~ of the dec1s1on of the Board of Appeal to the State Government for sanction.

46. Power of Val.uation Officer to split up draft town planning scheme int? separate section~- (1) After a Valuation Officer has been appointed nder Section 33 , the Authority may apply lo him to split up the draft town ~lanning schem~ into different sections and to deal with each section separately as if such section were a separate draft town planning scheme.

(2) On receipt of an application under Sub-section (1). Valuation Officer may, after ':"aking s~ch inquiry as he think fit , split up the draft lawn fanning scheme into sections.

p (3) The provisions of this Act and the rules made thereunder shalt , so far as may be, apply to each of such sections as if it were a separate draft town planning scheme.

47. Submission of preliminary town planning scheme to State Govemment- The vatuation Officer shall submit to State Government for sanctioning the preliminary town planning scheme also before the fi nal town planning scheme is submitted to the State .Gover.n~ent under Su?· section .(2) of Section 35 , together with a copy of his dec1s.10n under Section 36.

48. Power of State Government to sanction or refuse to sanction the town planning scheme and effect of the sanctlon-(1) On receipt of the preliminary town planning scheme, or, as the case may be, the final scheme, the State Government may-

{a) in the case of a preliminary town planning scheme within a period of two months from the date of its receipt; and

(b) in the case a fina l town planning scheme within a period of three months from he date of its receipt , by notil1cation, in the Gazelle, sanction the preliminary town plan ning scheme or the final town planning scheme or refuse to accord sanction; provided that , 1n sanctioning any such scheme the State Government may make such modifications as may, in its opinion be necessary for the purpose of correcting an error, irregularity or informality.

(2) If the State Government sanctions the preliminary town planning scheme or the fina l town planning scheme, it shall slate in the notification'- {a) the place at which the preliminary or the final town planning scheme, as the case may be, shall be kept open for inspection by the public and also state therein that copies of the town planning scheme or extracts therefrom certified to be correct shall, on application be available for sale to public at a price to be mentioned in the notice,

(b) a· .date (which shal1 not be earlier than one month after .the. d~te of the publ ication of the notification) on which all the l1ab1ht1es created by the town planning scheme shall take effect and the date on which the preliminary or the final town planning scheme shall come into force :

Provided th at the Stale Gove rn ment may, form time lo lime, extend such dale, l)y notificat ion by such period , not exceeding three months al³ time, as it thinks fit

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I 230 OOISHA LOCAL LAWS

[S. 49

(3) One and after the date fixed in such notification, the preliminary · 1anning scheme as the case ma town planning scheme, or the final town P . ' y be shall have effect as if ii formed part of lhts Act.

, 49. Withdrawal of town planning scheme- If al any ti~e bef~re the

preliminary town planning scheme Is forwarded by the Valuahon,Of~1cer to

the State Government, a representation is made to the Valualton Offtcer by

the Authori ty that the scheme should be withdrawn, the Valuall.on .Officer

shal l after inviting from all persons interested in the sche.me ob1e:t 1 o~s to

such representation. forward such representation together with the ob1ect1ons,

ii any, to the Stafe Government.

(2) The State Government, after making such inquiry as ii may, deem fit, may, if it is of opinion that it Is necessary or expedient so to do, by notification, direct that the town planning scheme shall be withdrawn and upon such withdrawal, no further proceedings shall be taken in regard to such town planning scheme.

50. Effect of preliminary town planning scheme-On the day on which the preliminary town planning scheme comes into force-

(a) all lands required by the Authority shall , unless it is otherwise determined in such scheme, vest absolut-ely in the Authority free from all encumbrances:

(b) ~II rights in the original plots which have been reconstituted into ftna~ plots shall stand extinguished and the final plots shall become sub1ect to the rights settled by the Valuation Officer

. 51 . P.ower of Authority to evict summarily-On and after the date on· whic.h ~ preliminary lown planning scheme comes into force any person con

1

ttnuing lo occupy any land which he is not entitled to occupy under the ~;:~~'.~ad to:n pl~nn ing scheme shall , in accordance with the procedure ' e un er ru es, be summarily evicted by the Authority. on whichs~:or:l~~~a~nforce tow~ planning scheme-On and alter the date shall alter gi~ing the n~:fc~n tr~~;/ 1 ~~~che;e comes into force, the Authority the provisions of the town plan . hun er rules and In accordance with ntng sc eme-

(a) remove. pull down It . . included in the I , o~ a er any building or other work In.the area the town pl a nn~~n ~c~~~~g :~~:~he which ~s such as contravenes which any provision of the town t e e~ect1 on or carrying out of complied with; P anning scheme has not been

(b) execute any work which ii is th d . under the scheme in any cas \ uty of any person lo execute that delay in the execution oft~ w e~e ti appears '? the Authority operation of the town plannin; ;~~e;~~ld prejudice the efficient

(2) Any expenses Incurred b th A . . be recovered from the person in defy It e uthonty under lhts section shall manner provided for the recovery o~u or from the owner of the plot in lhe provisions of this Act. sums due to the Authority under the

(3) If any question arises as to wh . . ~ town planning scheme or whether an ether_ any bu1fd1n9 or work contravenes ts not .complied with in the erection oi prov1~1on of a town planning scheme ~~rk , ti shall be referred to the Slate ~arrying out of any such building or ate Government shall be final and b' ~vernment and the decision of the '" ing on all person s.

s. 55)⁰. Development Authorities Act, 1982 231

(4) No person shall be enti tled to compensat ion m respect of any mage, toss or injury resulting from any action taken by the Authority under d:e provision for this section except in respect of the building or work begun t fore the date referred to in Sub-section (1) and only in so far as such ~~ilding or work has proceeded until that date :

Provided that any claim to compensation, which 1s not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the Authority.

. (5) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or a State Government

53. Power to vary town planning scheme on ground of error, irregularity or informality- (1) If after the prel iminary town planning scheme or the final town planning scheme has come into force, the Author ity considers that any of such scheme is defective on account of an error, irregularity or informality the AuthOrity may apply in writing to the State Government for the variation of the town planning scheme.

(2) If on receiving such application or otherwise, the ,State Government 1s satisfied that the variation required is not substantial. the State Government shall publish a d raft of such variat,ion in the manner prescribed by ru les .

(3) The draft variation published under Sub-section (2 ) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the Clauses (b), (c), {d), (e) . (g) and (i) of Sub-section (4) of Section 22, the draft variation shall also contain such other particulars as may be prescribed by rules.

(4) The draft variation shall be open to i nspection of the public at the head office of the Author ity during office h ours .

(5) Within one month of the date of publication of the draft variation any person affected thereby may communicate in writing his objections to such variation to the State Government and send a copy thereof to the Authority.

(6) After receiving the objections under Sub-section (5), the State Government may, after making such inquiry as ii may think fit , by notification-

. (a) appoint a Valuation Officer and thereupon the provisions of this Chapter shall, so far as may be, apply to such draft variation as i f it were a draft town planning scheme sanctioned by the State Government; or

(b) make the variation with or without modification; or

(c) refuse to make the variation .

. (7) From the date of the noti fication making the variation with or without molff r h · ' . 1 1ca ion, sue variation shall take effect as if it were incorporated in the town planning scheme .

. 54. Vari~tion of town planning scheme by another scheme-Notwithstanding ~nything contained in Section 53, a town planning scheme may at any time s e vaned by a subsequent town planning scheme made published and anct1oned in accordance with the provisions or this Act , plan

55

· Amendment of regulation- (1) If at any time after the final town regu~~n 1

.9 scheme comes into force the Author ity is of the opinion that the ions relating to a town t · may publish the . . P anntng scheme requi re to be amended . ti

and · . requisite draft amended in the manner prescribed by rules

invite suggestio b. · ns or o 1ect1ons as thereto from any person

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ODISHA LOCAL LAWS [S. 56.

. . th f m the date of publication of the draft amendment

(2) If within one mon ro . t · · · 5 in writing to the Authority any sugg~s ions or an~ p~rson. con:imunicate h mendment the Authority sha ll consider such obJect1o~s relatinb~ tot . sue anad may at a~y t ime before submitting the draft

suggestions or o JeC ions • ·d d d.f

amendment to the State Government as hereinafter provi e • mo¹Y su:h

amendment as it thinks fit.

(3) The Authority shall within a period of two ~onths from the .date of its publication , submit the draft amendment along with the. suggest ions .or objections to the State Government and shall at the same time apply for its sanction .

(4.) After receiving such application and after making such inquiry. as it may think fit. the State Government may sanction the amendm~nt with or without modifications as it deems necessary or refuse to sanction the amendment.

(5) If the amendment is sanctioned by the State Government, the final town planning scheme shall be deemed to have been varied in accordance with the amendment .

56. Compensation when town planning scheme va r ied- If at any time after the date on which the town planning scheme has come into force, such scheme is varied. any person who has incurred any expenditure for the purpose of complying with such scheme shall be ,entitled to be compensated by the Authority for the expenditure, if such expenditure is rendered abortive by reason of the variation of such scheme.

57. Apportionment of costs of town planning sc heme w ithdrawn or not sa nc t ioned-In the event of a town planning scheme being withdrawn or sanction to a preliminary town planning scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the Authority to such extent as may be determined by the State Government.

58. Right to appear by recognized agent-Every-party to any proceedings before the Valuation Officer or the Board of Appeal shall 'be entitled to appear either in person or by his recognised agent.

59: Power of Civi l Court in respect of certain matters-For the purposes of this Act, an officer appointed under Sub-section (1) of Section 29 and the Valuation Officer shall have the same powers in making enquiries under this Act as are vested in' a Civil Court in respect of the following matters under the Code of Civil Procedure, 1908 (5 of 1908) in trying a suit, namely-

(a) summoning and enforcing the attendance of any person and examining him on oath -

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits ;

(d) issuing commissions for the examination of witnesses or documents.

60. Costs of town planning schemes-(1) The costs ·of.a town planning scheme shal l include-

(a) all sums payable by the Authority under the provisions of this Act which are not specifically excluded from the costs of the town planning scheme :

24

' s 62] (b)

(c)

0 . Developme11 t Au th o t· ri ies Act. 1982

233

all sums spent or es timated to be making and execution of the town Psi ent by the Au thori ty in the ann1ng scheme

all sums payable as compensation fo r la d ·

for any public purpose or for the Authorit~ w~~~~~ed or designated to the owne rs of land or res idents with. th¹⁵solely beneficial plann ing scheme; in e area of the town

(d) such P?rtion of the sums payable as compensation for 1 or designated for any public purpose o r for th and reserved Authority which is beneficial partly to the owners ~f i u r~oses ?f the within the area of the town planning sch eme a:dn or trles1dents I bl . · - par Y to the genera pu 1c as 1s att ributable to the benefit accruing t h owners of land or resident, ~1 i thin the area of the town pla ~n~n e scheme from such reserva tion or designation: 9

(e) a ll legal ex_penses incurred by the Authority in· the making and in the execution of the town planning scheme : and

(f) any amounts by which the aggregate of the values of the original plots exceeds the aggregate of the values of the final plots included in ~he fina l t~wn planning scheme, each of such plots being est1mate_d at_ its market va lue at the date of publication of the declaration , tn the Gazette , under Su b-section (2) of Section 23 with all the buildings and works thereon at the said date and without refe rence to improvements contemplated in the scheme other than im provements due to alteration of its bound aries

(2) If in any case the aggregate of the va lue of the plots included in the final town planning scheme exceeds the aggregate of the values of the original plots , each of such plots be ing estimated in the manner provided in Clause (f) of Sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in Sub-section (1 ). 61 . Calculation of increment-For the purpose of this Act, the increments shall be deemed to be the amount by which at the date of publ ication of the declaration in the Gazette under Sub-section (2) of Section 23, th e market value of the plot included in the fina l town planning scheme estimated on the assumption that the town planning scheme has been completed would exceed at the same date the market value of the same plot estimated without reference to improvements con templated in the tow n planning scheme · Provided that in est imating such va lue , the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.

62. Contribution towards costs of town planning scheme- (1) The costs of the town planning scheme shall be met wholly or in part by a contribution to be levied by the Authority on each fina l plot included in the fina l town planning scheme calculated in proportion to the increment which is estimated

. to accrue in respect of such plot by the Va luation Officer Provi-ded that-

(i) where costs of the town planning scheme does not exceed half the increment, th e cost s shall be met w holly by a con tribut ion and

(ii) where it exceeds half the increment , to the extent of half the increment it shall be met by a cont ribution and the excess shall be borne by the Authori ty ;

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234 ODISHA LOCAL LAWS IS. 63

(ii i) where a plot is subject to a mortgage with possession or to a lease the Valuation officer shalt determine in what proportion the m'ortgage or lease on the on e hand and .the . mortgagor or lessor on the olhe r hand shall pay such conlrtbullon;

(iv) no such contribution shall be levied on a plot used , allotted or reserved for a public purpose or for the purpose of the Authority which is sole beneficial to the owners of land or residents within the area of the town plan ning scheme;

(v) the contribution levied on a plol used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owner's of land or residents within the a.rea of the town planning scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use , allotment or reservation .

(2) The owner of each final plot included in the fina l town planning scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot.

63. Certain amounts to be added to or deducted from contribution levlable from a person-The amount by which the total value of the final plot included in the final town planning scheme with all the buildings and works thereon allotted to a person falls short of or exceeds the total value of the original plots with all the buildings and works ttiereon of such person shall be deducted from or, as the case may be, added to the conlribu tio'n leviable from such person, each of such plots being estimated at its market value at the date of publication of the declaration in the Gazelle under Sub-section

(2) of Section 23 or at the da!e of the notification' issued by the State Government under Sub-section (1) of Section 25, as the case may be, and without reference to improvements contemplated in the town planning scheme other than improvements due to the alteration of its boundaries.

64. Transfer of right from original to final plot or extinction of such right -Any righ t in an original plot which in the opinion of the Valuation Officer is capable of bei ng transferred wholly or in part, without prejudice to the making ,of a town planning scheme, to a fina l plot. shall be so transferred and any right in an original plot which in the opinion of the Valuation Officer is not capable of being so transferred shall be extinguished :

Provided that an agricultural lease shall not be transferred from an original plot to a final plot without the consent of all the parties lo such lease .

65. Compensation in respect of property or right injuriously affected by town planning scheme-The owner of any property. or right which is injuriously affected by the making of a town plann ing scheme shall, if he makes a claim before the Valuation Officer within the time prescribed by rules , be entitled to be compensaled in respect thereof by the Authori ty or by any person benefited or partly by the Authorily and partly by such person as the Valuation Officer may in each case determine :

Provided that the value of such property or right shall be deemed to be its market value at the date of the publication of the declaration in the Gazette under Sub-section (2) of Section 23 or at the date of the Noti fication issued by the State Government under Sub-section (1 ) of Section 25, as the case may be, without re ference to improvement contemplated in the town pla nning scheme .

s. 70)⁰. Develo^p'men't A th. . . u ont1es Act . 1982 235

66. Exclusion of compensat'io . . I . n in certain case (l ) N shall be p~yab e in respect of any property or r'⁵: o ~ompensation to be injunou sly affected by reason of an P. '~a te right which Is alleged . Y prov1s1ons cont · d . planning scheme 1r under any other law for the time b . . aine in the town to the area for which such scheme is made no com eing¹

~ for.ce applicable such injurious effect. · pensation 1s payable for

(2) Any property or private right shall not be deem d t . . . affected by reason of any provision inserted in a t e no. in1unously · d' · own, planning scheme

which impose any con 1t1on or restriction in regard t f · · d · Cl ( ) f . o any o the matter spec1f1e 1n ause Q o Sub-section (4) of Section 22 .

67. Provision for cases in which amount payable t . o owners exceeds amount due from. him- If the owner of an original plot is not provided with a ptot in the p~eliminary to~n planning scheme or if the contribution to be levied from him under Sect101'1'67 is less than the total amount to be deducted therefrom under any ?f the provisions of this Act, the net amount of his loss shall be payable to him by the Authority in cash or in such other manner as may be agreed upon by the parties.

· 68 . Provision for case in which value of final plot is less than the amount payable by owner- (1) If from any cause the total amount which would be due to the Authority under the provisions of this Act from the owner of a fina l plot to be include-d in the final town planning scheme exceeds the value of such plot ~stima ted on the assumption that the town planning scheme has been co~pleted , the Valuation Officer shall at the request of the Authority direct the owner of such plot to make payment to the Authority of the amount of such excess.

(2) If such owner fails to make such payment within the period prescribed by rules the Valuation Officer shall , if the Authority so requires, acquire the original plot of such defaulter and operation, the compensation among the owner and other persons interested in the plot'•on payment by the Authority of the value of such plot estimated at its market value at the date of publication of the declaration in the Gazette under Sub-section (2) of Section 23 or at l he date of the notification under Sub-section (1) of Section 25 , as the case may be, and without reference to improvements ~ontemplated in the town planning scheme and thereupon the plot included in the fina l town planning scheme shall vest absolutely in the Authority free from all encumbrances but subject to the provisio~s of this Act:

Provided that the payment·, made by the Authority on account of the value of the origi'nal plot shall not be included in the costs of the town planning scheme.

69. Payment by adjustment of account-All payments due to be made to any person by the Authority under this Act shall, as far as possible, be made by adjustment in such account with the Authority in respect of the final plot concerned or of any of the plot i n which he has an interest and fa iling such adjustment, shall be paid in cash or in such other manner as may be agreed upon by the parties.

70. Payment of amounts due to the Authority-(1) The net amount payable under the provisions of this Act by the owner of a fina l plotmcluded in the fina l town planning scheme may at the option· of the contributor be paid in lumpsum- or in annual instalments not exceeding ten . \'

26

I

I

:I

I

I

236 ODISHA LOCAL LAWS

[S. 71

(2) If the owner elects to pay the amount by instalments, interest at six percent per annum shall be charged on the net amount payable.

(3) If the owner of a plot fails to exercise the option on or befo.re the date specified in a notice issued to him in that behalf ~Y t.he ~~thonty, he shall be deemed to have exercised the option of paying contnbut1on JO instalm.e.nts and the interest on the contribution shall be calculated from the date spec1f1ed in the notice , being the date before which Ile was required to exercise the option. '

(4) Where two or more final plots included in the final town planning scheme are in the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several final plots in proportion to the increments which is estimated to accrue in respect of each final plot unless the owner and the Authority agree to a different method of distribution.

71. Power of Authority to make agreement-(1) The Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town planing scheme , and unless i t is otherwise expressly provided therein, such agreement shall take effect ·on and after the day on which the town pla~ning scheme comes into force.

(2) Such agreement shall not in any way affect the duties of the :Valuation Officer as described in this Chapter or the rights of third parties but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the Valuation Officer :

Provided that if the agreement is modified by the State Government either party shall have the option of avoiding it, if he so elects. CHAPTER-VII

Acquisition and Disposal of l and

72. Compulsory acquisition of land-If in the opinion of the State Government any land is required for the purpose of development, or for any other purpose , under this Act the State Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894).

73. Transfe r of acquired la nd to the Authority or local author i ty- Where any land has been acquired by the State Government under Section 72 it may, after it has taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compen~ation awarded under that Act and of the charges incurred by the State Government in connection with the acquisition.

. '(74. Acquls.ltion of property by the Authori ty- (1) The ~uthority may acquire, movable or immovable properties by purchase, exchange , gift, lease, mortgage or by any other method permissible under law, in accordance · with the rules and regulations made for th is purpose .

(2) The Authority may, with the written consent of the owner, acquire any land or property or both for providing infrastructure, amenities and faci lities for public purp~ses by way of according Transferable Development Rights (TOR) through issue of Development Rights Certificate in lieu of payment towards cost of land and property, in such manner and on such terms and conditions, as may be prescr ibed:

Subs v1de 0 G.E. No. 1427, Dt. 06.10.2015

s. 77) 0. Developm

ent Authorities Act, 1982

237

Provided that the Transfe bl al on the basis of relative land val~es ~~:velopment Rights may be arrived and import areas as per the bench ma k ~qu1v.alent amount of both export Righi may be utilised as additional b ·~ va ue fixed for such area and such this either by himself or transfer it I u1 I up space by the owner who can use use within the development area as

0

any ~!her person in full or in part for the fees and charges payable for dev:i~escribed or .off.set the money against of all other rules and regulations gov pm~n~ permission ~ub1ect to fulfilment

(3) The Authority may· with the cerne or construction of buildings.

. d . ' onsent of the owner a d · th prescribe , acquire land and built up f . • n in e manner in an approved development plan by P spa ct~· or. public purposes, indicated guided by permitted Floor Area Ratio i~r~~d¹.~.g JO the form .of built up sp.ace tor the amenity, in lieu of the cost of land an~'~hn I~ ~1~111 up space required the owner for the amenity transferred to the Auth~ri~; I-up space payable to

75. Transfer of Stat e Government la d t t h . G 1 n s o e Authority-(1) The State overnmen may, by notification and upon such terms and conditions as m?Y be agreed upon b~tween that Government and the Authority, place at

the disposal of the Authority any developed or undeveloped State G 1

d ·1 ated within th · · d' 1· overnmen Ian s1 u . e iuns ic ion of the Authority for the purpose of development in accordance·w1th the provisions of this Act.

(2) No development of State Government land shall be undertaken or carried out except by or under the control and supervision of the Authority after such land has been placed al the disposal of the Authority under Sub- section ( 1) .

(3) If a~y Stat: Gove~nment land placed at the disposal of the Authority under Sub-section (1 ) is required at any time thereafter by the State Government the Authority shall, by notification replace it at the disposal of that Government upon such terms and conditions as may be agreed upon between that Government and the Authority.

1 [ 75A. Creatfon and Management of land bank : (1 ) Every Authority shall create and maintain a Land Bank in which land acquired under section 72 to section 75, shall be kept recorded for furtherance of the objects of the Act. (2) The Land Bank shall be managed by the Authority in such manner as may be pr_escribed in the regulations .) 76. Disposal of land by the Authori ty-The disposal of any land acquired by the State Government and transferred to the Authority under Section 73 or any land transferred to the Authority under Sub-section ( 1) of Section 75 or any other land without carrying out development thereon, or any other movable or immovable properties belonging to the Authority shall be done in accordance with the rules made for the purpose in this behal f. CHAPTER-VIII Finance, Account and Audit 77. Fund of the Author ity- (1) The Authority shall have and maintain its own fund to which shall be credited- (a) all moneys received by the Authority from the State Government by way of grants, loans , advances or otherwise • Ins. vide O G.E No. 1427, Dt. 06 10 2015

27

'²³⁸ODISHA LOCAL LAWS [S. 78

(b) a ll moneys borrowed by the Authority from ~ources other than the State Government by way of loans or debentures ;

(c) all fees and charges received by the Authority under this Act:

(d) all moneys received by the Authority ·from the disposal of land, buildings and other properties. movable and immovable:

(ej all moneys rElceived by the Authority under Sections 78 and 79 :

(f) all moneys received by the Authority by way of rents an·d profits or in any other manner or from any other source.

(2) The fund shall be applied towards meeting the expenses incurred by the Authority in the administration of this Act and for an other purpose.

(3) The Authority may keep in any scheduled bank or banks such sum of money out of its fund as it may deem fit.

(4) The State Government may make such grants, advances and loans to the Authority as the State Government may deem necessary for the performance of the functions, of the Authority under th is Act, and all grants, loans and advances made shall be on such terms and conditions as the State Government may determine.

(5) The Authority may from time to t ime borrow money by way of loans and debentures from such sources and on such terms and conditions as may be approved by the State Government.

' ((5-a) The State Government may. direct any Authority, to constitute and maintain a Comprehensive Development Plan Infrastructure Development Fund (C IDF), into which such money, fees or charges shal l be credited as may be specified in such direct ion and the same i" to. be util ised, for such purposes, in such manner and subject to such condit ions and exceptions as may be directed by the State Government .]

(6) The Authority shall maintain a sinking fund for the re-payment of moneys borrowed under Sub-section (5) and shall pay every year into the sinking fund such sum as may be sufficient for re-payment within the period fixed, of all moneys so borrowed .

(7) The sinking fund shall be applied in or towards, the discharges of the loan for which such fund was created and unti l su9h loan is wholly d ischarged, it sh.all no t be applied for any other purpose.

(8) The Authority shall be deemed to be a local authority as d~fined in the Local Authority Loans Act, 1914 (9 of 1914) for the purpose of borrowing money under that Act but the provisions of that Act and the rules made there.under shall have effect subject to the provisions contained in thi s Act.

(9) The State Government may make rules t -egulate the borrowing by the Au thority under Sub-section (5). ·

2[78. Duty on certain transfers on immovable properti es- •••1

79. Co n t r i but ion by urban l ocal body-(1) Every urban local body within the development area shall pay to the concerned· Authority on the first day of each ha lf year, so long as the Authority continues to exist, a sum not exceeding ten per centum of its revenues in a year from all sources other than service taxes, as may be det~rmined by the State Government, from time to time.

1. Ins. vide O.G.E. No. 1427, Dt. 06.10.2015

2 Omitted vide O.G.E. No. 489, DI. 20.03.2013 s 83) 0 Development Authorities Act, 1982 239

(2) The payment provided by Sub-section (1) shall be made in priority to all other payments due fro~ the conc.e~ned urban local body except those referred to in section 116 of the Od1sha Mun1c1pal Act, 1950 (Odis ha Act 23 of 19SO) so. Budget of the Authority-The Authority shall prepare in such form and at such ti~e ev~ry year as may ~e prescr.ibed by rules a budget in peel of the financial year next ensuing showing the estimated receipts re~ expenditure of the Authority and shall forward to the State Government ::ch number of copies thereof as may be pr~scribed by rules. 81 . Accounts and Audi t- (1) The Authority shal l maintain proper counts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as the State Government ~cay by rules prescribe in consultation with the Accountant General , Odisha.

(2) The accounts of the Authority shall once in every financial year. be examined and audited under the provisions of the Odisha Local Fund .Audit Act, 1948 (Odisha Act 5 of 1948) .

(3) The accounts of the Authority shall also be subject to Audit annually by the Accou ntant-General, Odisha and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Accountant- General , Odisha.

(4) The Accountant-General, Odisha and any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege and Authority in connect ion with such audit as the Accou.ntant-General , Odisha has in connection with the audit of the Government accounts and, in particular, shal l have the r ight to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Authority.

· (5) The accounts of the Authority as certified by the Accountant General, Odisha or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government and that State Government shall cause a copy of the same to be laid before the State Legislatu re.

(6) N otwithstand ing, anything contained in Sub-sectio ns (2) and (3), the State Governmen t may, a t any time get the accounts of the Authority examined and audited by deputing an officer and it shall be the duty of the Authority to furnish all the relevant records requisitioned by the said Officer.

(7) It shall be the duty of the Authority to remedy any defect or irregularities that may be pointed out by any of the audit.

82. Annual report -The Authority shall prepare for every year a report of its activities during that year and s ubmit the report to the State Government in such form and on o r. before such date as may be prescribed by ru les and the State Governmen.t shall ca1:1se a copy of the report along '!'Ith the annual statement of accounts and balance-sheet prepared by the Authority under Sub-section (1) of Section 81 to be laid before the State Legislature. 83 . Pension and provident fund-(1 ) The Authori ty shall constitute for t he benefits of its whole-time paid membe rs and of its officers and other employees in such manner and subject to such conditions as may be prescribed by ru les such P.ensions and provident fu nds as it may deem fit.

28

'^ootSHA LOCAL LAWS²⁴⁰

• 1 1 or provident fund has been constit

(2) Where any such pens otr hat the provisions of the Provident ,,.

0

ted Y declare 'f 't rund h State Governrnent ma ly to such fund as I I were a Govern t e 19 f 1925) shall app rnent

Act. 1925 (Act o

provident fund. CASE LAW :

'd 1 Fund and Miscellaneous Provision Provt en · s Act

Sec. 83 • Employees duct an inquiry for assessing the clues f •

. ·ssued to con o lhe 1952. Sec 7-A . No11ce ' rel Contractor's employees . Writ. The Cont~act h ·ty towe s Or$•

Cuttack Development Aul on · • tracts to execute a work entrusted to th d by such ~on e111 employees are engage d between such contracts and the C.O A S t execute · · • llch

pursuant to the agreemen t rs to provide workmen to the C.0 .A . S I b ur contrac o · uch

contractors are not a⁰t be governed under the Act, 1952 • Held h ntractors canno • the employees of I e co C 0 A and 85 such action of the Regional Provict Act. 1952 does not 8 ~P'.Y to}he no;i;e ~nder sec. 7-A of the Act, 1952 being With &fJf Fund Commissioner in '~suing . Cuttack Development A uthority v.' Reg{ out 1ur1sdiction 1s unsustai~a~le · . 2010 Lab./.C. 63' (0ri.) : 200 9 (Supp .-lf) ~"L•I Provident Fund Commissioner · R

447.

CHAPTER-IX I n t charges City Infrastructure Impact fees User ' {Levy of Oeve opme • , Fees etc.]

84 . Levy of development ch arges -Sub.ject to th~ p rovisions of this Act and the ru,les made thereunder, the A~~hor ~ty may, with the previous sanction of t'he State Govern ment , by notrfrca t1 on le.vy a ~evelo pmen1 charge on lands and buildings within the area. ~nd .er rts J U r~sdic tion '(al such rates as the State Government may, by not1frcatron, specify, from time to time, in this behalf)

Provided that different rates of development charges may be specified for different parts of the relevant area or areas and for different usei;. 85 . Rates of development charges-(1) The develop(llent charges on lands and buildings leviable under Section 84 shall be assessed with reference to their use for different purposes, such as-

(1) Industrial :

(ii) Commercia l;

(iii) Residential and

(iv) Miscellaneous :

Provided that in classifying the lands or buildings under any of the purposes mentioned in Sub-section (1) the predomina nt purpose for which such lands and buildings are used shall be the main basis.

(2) The ra tes of development charges shall be determined-

(a) in the cases of development of land, at a rate to be specified per hectare: and

(b) in lhe case of development of a building at a rate to be speci fied per square metre of the floor area of the bui ld ing :

Subs. vide O.G.E. No 1427, Dt. 06.10 2015

s. 86]⁰. Developmen t Auth

. orrties Act. 1982

241

7[ '[ ... J Provided 2{ ... lthat where land

. appurtenant to b . . anY purpose independent of a building , develo a u1ldrng is used lor separately for such use also. Pment charge may be levied

86. Assessment and recovery of d 1

W

ho intends to carry out any development ev.e opment charge-Any person

. . or rnstitute or cha any land or burlding for wh ich permission is r . nge any use of h

e has applied for such permission or not and aequrred under this Act whether

• nype~onwhohas co the carrying out of any such development or has earned mmenced · t d h d out such development or inst1tu e or c ange any such use shall apply t th A . . · d · h⁰e uthonty w1th1n such ume an in sue manner as may be prescribed b 1 • h Y ru es for the assessment of development c arges payable in respect thereof.

(2) On an applicat ion being made under Sub-sect· (1) ' f

I. 1· · d ion or 1 no such app 1ca ion rs ma e. after serving a notice in ·t· . wr1 ing on the person liable to such payment, the Authority shall after giving the p . _ • erson concerned an opportun.1ty of being heard . and after calling for a report in this behalf from the officer conc.erned of the Authority, determine whether or not any developm en.t charge rs le viable in respect of th_at land or building as a resul t of the carryrng out s~ch development or institution or charge of use . the amount payable and fix a date by which such payment shall be made

· (3~ ?" determination ~f the development charge leviable on any

land or building under Sub-section (2). the Authorit.y shall give to the person liable the pay s.uch c~arge a notice In writing of the amount of development charge payable by htm and the date by y."hich such payment shall be made and such notice shall also state that in the event of failure to make such payment on or before such date. interest at the rate of six percent. per annum shall be payable from such date on the amount remaining unpaid.

(4) (a) The development charges payable in respect of any land or building. shall be a 'first charge on such land or building, subject to the"prior payment of land revenue , if any, due to the State Government thereon and any other sum due to the Authority.

(b) All development charges payable in respect of any land or building· by any person shall together with interest due up to the dale of realisation, be recoverable from such pe rson or his successor-in-interest in such land or building as arrears of land revenue.

(5) Any person aggrieved by an order of assessment of development charge may prefer an appeal to the Tribunal within one month from the date of service of the notice under Sub-section (3) :

Provided that the Tribunal may admit an appeal preferre d after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.

I. Substituted vi de Odis ha Act No 23 of 1982.

2. Omitted vide O.G.E. No. 1427. DL 06.10.2015 I '

·.

ODISHA LOCAL LAWS

(S. 86-A

242

Im act Fee: (1) The Authority may '[86A. Levy of City lnfrastru~tu~~e :Urpose of creation of city level levy Ci ty lnfrastrnc.ture Impact ~~e, ~~ the development plan in operation infrastructure rac1l1t1es as specified be prescribed in the regulation and such other purposes, at such ra te as may

forall -

(a) commercial buildings;

(b) apartments and group housing buildings; and . . .

(c) mullistoried bui lding including, residential, commercial or lnst1tut1onal or Educational

(2) The City Infrastructure Impact Fe~ l~vied under .sub-section (1) shall be payable at the time of grant of perm1ss1on.

(3) All such fees collected shall be credited and maintained in Comprehensive Development Plan Infrastructure Development Fund (CIDF) and same shall be utilized for development of city level infrastructure:

Provided that no such fees shall be levied during grant of permission for building of Govern°ment's Departments and Statutory Bodies established under the provisions of any Act. but such exemptions shall not be available to such buildings which are constructed under commercial projects.]

87. Tribunal- (1) The State Government may, by notification constitute a Tribunal, which shall consist of one person only to be appointed by the State Government '(who is or has been a District Judge or Additional District Judge in the State of Odisha].

3 (Provided that such District Judge or Additional Distr ict Judge must not have been premature·ly retired ]

. (2) The .Tribunal shall have the power to call for records of all proceedings relating to the dispute and shall, after giving the part ies concerned a reasonable opportunity of being heard, pass such orders as it deems fit.

(3) 1.n disposing of an appeal, the Tribunal may make such consequential or~ers and ~ssue such directions as it may deem necessary for giving effect to 1ts dec1s1on. ·

(4) The decision the Tribunal shall be final and binding ·on all parties and shall not be called in question in any Court of law. CHAPTER-X

Supplemental and Miscellaneous

. 88. Art Commission- (1) The State Government may by notification constitute an Art Commission for the State which shall consi~t of a C hairma~ ~7 su~~ Other members representing among others, visual arts or architecture n 1an 1story of Archeology and the Environmental Science, as it may appoint'.

(2) It shall be the duty of Art Commission to make recommendat ions to the State Government as to-

1.

2.

3.

(i) restoration and conservation of urban design and of the en · in the development area ; . Vlfonment

(ii) th e .plannrng and development of future urban design and of the environments ;

Ins. Vlde O.G.E. No. 1427, Ot. 0610.2015

Subs vide O.G.E. No. 1427, 01. 06.10.2015

Added vide 0 GE. No 1427, DI. 06.10.2015

s. 89) 0 Development Authot1t1es Act, 1982 243

(iii) the restorat ion and conservation of archeological and historical sites and sites of high scenic beauty : ·

(iv) the grants, concessions and other modes of compensation for purchase or acquisition of properly lo be paid by the State Government or any Authority and the conditions. subject to: which such grants, concessions and compensation should be made ; and

(v) any other matter referred to the Commission by the State Government.

(3) The powers to be exercised, the funct ions to be performed and the procedure to be followed by the Art Commission shall be such as may be prescribed by rules .

(4) The State Government may, after consideration of the recommendations of the Art Commission and after giving an opportun ity to the Authority to make any representation, issue such directions to , the Authority as it may think fit and the Authority shall comply with every such direction .

NOTIFICATION

'[No. 37639-T.P. Estt. 65/83-H .U.D.-31.8.1983-ln exercise of the powers conferred by Sub-section (1) of Section 83 of the Odis ha Development Authorities Act, 1982 (Odisha Act, 14 of 1982) the State Government do hereby constitute an Art Commission for the State of Odisha consist ing of the Chairman and the Members as specified below, namely :

1. Chief Architect, Odisha

2. Artist

3. Principal Government College of Arts and Crafts

Chairman

Member

Sculptor-Member.]

89. Power of entry-The Director or any officer authorised by him. the Valuation Officer or any person authorised by the State Government, the Authority or by the aforesaid Valuation officer may enter into or upon any land or building with or without assistants or workmen for the purpose of·

(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building or.taking photographs thereof;

(b) . examin ing works under construction and ascertaining the course of sewers and drains ;

(c) digging or boring into the sub-soil:

{d) setting out boundaries and intended lines of works;

(e) making such levels, boundaries and lines by placing marks and cutting trenches;

(f) ascertaining whether any land is being or has been developed in contravention of the development plan or without the permission referred to in Section 81 or in contravention of any condition subject to which such permission has been granted ; or

(g) doing any other thing necessary for the efficient administration of this Act:

Provided that-

(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier. or if here be no occupier, to the owner, of the land or building; 1 · Vide Notfn No. 37639-TP·Esst.-65/83-HU0/31 .8.1983.

30

244 ODJSHA LOCAL LAWS [S. 90

(ii) sufficient opportunity shall in every instance be ~i~en lo enable women. if any, to withdraw from such land or bu1ld1ng ,

(iii) due regard shall always be had, so far as may be compatible, with the exigencies of the purpose for which the entry is made, to the social and rel igious usages of the occupants of the land or building entered.

90. Penalties- (1) Any person who, whether al his own instance or at the instance of any other person or any body (including a department of Government), undertakes or carries out development of any land in contravention of the development plan or without the permission, approval or sanction referred to in Section 15 or in contravention of any condition subject to which such permission. approval or sanction has been granted , shall on conviction be punishable with simple imprisonment for a term , which may extend t~ six months, or with fine which may extend to ten thousand rupees or with both and the Court shall in such order of conviction direct that if such contravention continues after the date of the order of conviction, a fine not exceeding five hun~red rupees per day during the period during which the contravention continues, shall be recovered from the person so convicted :

Provided that in the absence of special and adequate reasons to the contrary, to be mentioned in the judgment of the Court, the fine shall not be less Iha~ two thousand rupees, and the case of continuing contravention of the prov1s1ons, the fine shall not be less than one hundred rupees per day.

. (2) Any person who uses or permits the user of any land or building in contraventro~ ?'the prov.soons of Section 19 or in contravention of any terms an~ cond1t1ons pres~ri~ed by regulations made under the proviso to · that section ~ha ll, on conv1ct1on , be punishable with simple imprisonment for~ term which may extend to three months, or with fine which may extend t~ five thousand rupees, or with both, and in the case of continuing offence wit~ further fine which may extend lo two hundred rupees for everyday, durin~ which the offence continues after convict ion .

r (3) An~ person who obstructs the entry of any person empowered ,o duly auth~nsed under Section 89 to enter into or upon any land or building or p revents in any manner such person from the discharge of his lawful ~uties, after s~ch entry shall, on convict ion be punishable with simple imprisonment or a term which may extend to three months, or with fine which may extend to one thousand rupees or with both . ·

. (4 ) Whoever contravenes any provision of this Act or any rule or regulation made thereunder or any direction issued in pursuance of an dev~lopment plan approve.d under this Act and if such contravention is n:i p~n1shable u~der .the foregoing sub-sections, shall. on conviction be punishable w~th simple imprisonment for a term which may extend to three months or with fine which shall ~ot be less th.an fifty rupees and not more than one thousand rupees or with both and in the case of continuing offence with further fine which shall not be less than ten rupees and more tha~ f'ft rupees for everyday during which the offence continues after conviction .' y 91 . Removal of unauthori.sed development- (1) Where any development has been commenced or 1s being carried on or has been com leted in contrav~ntion of the de~elopment plan, or without the permi;sion p 1 or sanction referred to in Section 15 or in contravention of any' ca::;i~~an s. 91) 0 · Development Authorities Act, 1982 245

subject to which such permission. approval or sanction has been granted '[or any development deemed to be a development undertaken · d d ' th I · , came out of complete w1 . ou a perm1s~1on as referred to in Section 15 under Clause (b-1) of Sub-section (2) ~f Sect!~n 128] any officer of the Authority empowered by it in th.is behalf, may 1n addi tion. to a.ny prosecution that may be Instituted under this Act, m~~e an o~der directing that such development shall be removed by demollt1on . falling or otherwise²(or secured by seali ng)by the owner thereof or by t~e person at. whose instance the development has been cor:nmenced ?r 1s being camed out or 'has been completed, within such period no~ being less than five days and more than fifteen days from the date on which a copy of the order of removal , with a brief statement of the reas?~s t~erefor, has been deliv.ered. to the owner or that person as may be spec1f1ed in the. order and on his failure to comply with the order, the officer of the Authority may remove or >[cause to be removed the development or seal or cause to be sealed such development and the expenses incurred therefor) shall be recovered from the owner or the person at whose instance the develqpnient was commenced or was being carried out or was completed as arrears of l and revenue :

Provided that no such order shall be made unless the owner or the person concerned has been given reasonable opportunity to show cause why the order should not be made. ·

(2) Any person aggrieved by an order under Sub-section (1) may appeal to the State Government or an Officer appointed by the Slate Government in this behalf, against that order within thirty days from the date thereof, and the Government or the Officer, as the case may be, may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order. The decision of the State Government or the Officer shall be final· and shall not be questioned in any Court of law

(3) The provisions of this section shall be in addition to, and not in derogation of any other provision relating to demolition of buildings contained in any other law for the time being in force .

CASE LAWS :

Unauthorised construction by builders · Compounding of deviations - To be dealt with at a higher /eve/ by mu/ti-membered High Powered Commil/ee so thal the builders cannot manipulate - Officiels who have connived at unauthorized o'r illegal constructions should not be spared · In developing cities the strength of staff which is supposed to keep a watch on building acti v11ies should be suitably increesed : Fr iends Colony Development Committee v. Stale of Odlsha and others : 2005 (/) OLR /SC) 84 .

Unauthorised construction • Compounding and regularisation • Slobility report by structural analyst suggested removal of 5th floor and cantilevers constructed by the respondent - High Court directed that if the builder submits a revised plan for the construction the authority should consider the same in accordance with law - Held, Regularization of deviations by way of compounding as per Municipal Laws should be sparingly used • Only such deviations deserve to be condoned as are bona fide or ere attributable to some misunderstanding or are suc/1 deviations where the benefits gained by demolition would be far less lhan /li e disadvantage suffered - Deviations by professional builders need to be dealt slernly l/1a11 an Individual constructing his own building • Fvnd to compensate unwary purchasers to be buill up therefrom : Friends Colony Development Cdmmittee v. Stale of Odlsha and others : 2005 (I) OLR (SC) 84.

1. Inserted vide Odisha Gazette Ext No. 21/85115.12.1984-0rdinance No 12 ol 1984

2 . Ins. vide O.G.E. No. 142 7, Dt.06 10 2 015 3 Subs. vide O.G.E No 1427. DI. 06 10 2015 '

31

I .

246 ODISHA LOCA L LAWS

[S. 91

. r n . construction made deviatin Demoli tion of unauthor1sed construe ~ e situated in thickly built are g approved plan without leaving any set back · 0 ':J objection certificates filed b⁸ where construction with no set back, is allowed ·d ;

1 • Owner willing to regular;/ neighbours • Unauthorised construcl1?n compoun a ~·ron order set aside : sm:

construction after paying compounding fees • Demo~/~ 2003 Ori 114. · Santllata Sahoo v. State of Odlsha and Others · I S 91(2) of the Act'to the effect that the Whether provisions contained n ec. . r /" and "shall not

"decision of the Stale Government or the Officer sh.all_ b~ 1.na f the c · . 1 C be questioned" in any Court of law implledly ousts the 1umd1c t1?n °. IVI_ ou~t • After discussing in detail the provisions of the Act and taking into consi~erat1on

the Civil Court jurisdiction the Hon'ble Court has held that the Act ~as provided !or

adequate efficacious remedy for redressal of the grievances of a c111zen undertaking

deve/opmenVconstructions on his own land in shape of appeal to ~tate ~overn!"'en~

or to designated official; but thereafter he can approach. f-!1gh Court invoking cerlloran

jurisdiction . A person aggrieved by an order of demo/Ilion passed under Sec. 91 of

the Act has adequate and efficacious remedy in sh_ape of ~ppe~I !o ? ta.le _Government

end thereefier he can approach High Court invo.k1~g ~e~tiorari 1u:1sd1ct10.n ~ Po~ers

conferred under Sec 91 stated in detail· Held, JUflsd1ct1on of C1v1I Court is 1mpl1edty

barred so far as the redressal of grievances for which as adequate provision has

been made . Civil Court has also no j urisdiction to grant interim injunction restraining

the Statutory Authorities from exercising statutory powers • But Civil Court shall

have jurisdiction to examine cases where there are allegations that provisions of

the Act have not been complied with or the statutory authorities have not acted in

conformity with fundamental principles of judicial procedure: Puri Konark Development

Authority v. Raina Bhadra and others : 2002 (II) OLR 128 : AIR 2002 Ori. 207.

Allegation of unauthorised construction and for removal of the same •

Show cause notice issued According to facts and circumstances simple issue of

show cause notice not sufficient . Personal hearing should be given- There should

be a proper enquiry -Otherwise rules of natural justice are violated-Even though

there i s no provision for enquiry, yet it should be read into the provision -Held,

when facts and circumstances cry aloud for an enquiry for resolution of disputed

and contentions issues of fact, absence of an enquiry at the original stage would

not be just and proper -1986 (/) OLR 621.

Secs. 91, 92 • Construction of multi storied residential building • Order of

demolition as approval not obtained from B. D.A. - Plea of petitioners that B.D.A.

has no jurisdiction lo insist for permission, when the permission was granted by

the Serpench of 'K' Gram Penchayat · 'K' Gram Panchayat wes included in the

B . D.~ . at a later stage by virtue of the Notification dated 24.3.2003 . Held, Act not

applicable and provisions of such cannot be extended and applied to the territories

of Gram Pancheyet · B.D.A . having been constituted for the area comprising master

plan area of Bhubaneswar. Khurda and Jatni has no authority or power or jurisdiction

to include the villages of ·K· Gram Panchayat by notification.dated 24.3.2003 under

Sec. 3(2) of the Act without creating any Development Authority. Notification dated

24.3.2003 is also contrary to the provisions of Sub-section (1) of Section 3 of the

Act : Jagadish Prasad Naik and another v. State o f Odisha and another :

2 012 (Supp.-//) OLR 32 5

. . Sec. 91(1), 16 · Construction of either A.C. sheet/thatched roofed houses by pet1/1oners • Pet1t1oners have not produced any title deeds to show their occupation of th.a property/land. which have been earmarked for the proposed alignment of 200 ft. wide development plan road in the development area • They have not ob tained permission/ approval for construction ·As per sec. 16 of the Act every person including the department of the Central Government or e State Government or a local authority is required to obtain permission from the authorities constituted under the Act • Show cause notices were ~ssued to lh_e_ petitioners end as they did not submit any reply, order was passed dlfecting the pet1t1oners to ~~move una~t~orised constr~:tions • Appellate Authority upheld the orders of demol1t1on and eviction of the pet1/1oners • Findings based on fmdmg of facts · Petitioners have no right to challenge the order of demol11ionleviction

• No interference : Surendra Ojha v. State of Odisha and others : 2013 (Supp.-/)

OLR 1090.

s 92] O. Development Authorities Act. ,

982 247

Sec. 91 (2) . No appeal is maintainable under the Section at the n a thi rd party : Santosh Kumar Trlpathy v. State of Odisha & 2 h ' .stance of OLR 1000 ot ers . 2015 {I)

Sec. 91(2), 103 · CDA land • Allotment · CDA is the authority for takin decision for allotment .of land on such terms as may be conside red expedient an~ ' hBS to be at mark_et prtce • Sate Government, in i ts capacity as appellate authori ty/ re visions/ au.thorrt~ und~r Sec. 91(2) or under Sec 103(3) , can only interfere if /here is any lllega/11'( or impropriety in the decision of the COA • Scope of sec. 103

(1) is limited to. the issue of policy directions and not for dea ling with any individual allotment : Residents Development Association of Sector-7, Ma rkatnagar Abhinab Bldanasi, Cuttack v. State of Odlsha and 4 o t hers : 2014 (Supp.-1) OLR 713 . '/Note -Jn exercise of the powers conferred by Sub-section (2) of Section 9 1 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). rhe state Government do hereby appoint the Secretary to Government, Housing and Urban Development Department es appellate authority to hear and decide appeals against the order of the Development Authorities under Sub-section ( 1) of the said section of the said Act.]

92. Powers to stop unauthorised development-(1) Where any development in any area has been commenced In contravention of the development plan or without the permission , approval or sanction referred to in Section 15 or in contravention of any conditions subject to which such permission, approval or sanction has been granted . the Authority or any officer of the Authority empowered it by in thi.s behalf. may, in addition t.o. any prosecution that may be instituted under this Act. make an order requmng the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.

(2) Where such development is not d iscontin~ed in pursuance. of the order under Sub-section (1 ). the Aut~ority ~r the officer of !hf? Authority, as the case may be, may require any police officer to remove th7 person by whom the development has been commenced and all his assistants and workmen from the place of development²[and to secu~e such place?~ development by sealing] within such time ~s may be s~~cif1ed in the. requ1s1t1on and such police officer shall comply with the requ1s1llon accordingly. .

(3) After the req uisition under Sub-section (2) has been complied with , the Authority, or the office~ of th e Authority, a~ the case may be, may depute by a written order a police officer or an officer or employee ~f the Authority to watch the place in order to ensure that the development 1s not continued .

(4) No compensati9n shall be claimed by any person for any damage which he may sustain in consequence of the removal of any de~elop~ent under Section g1 or the discontinuance of the development under this sechon

(5) The provisions of this section shall be in addi~io~ to and not in derogation of any other provision rel.ating t? stoppage of bu1ld1ng, operations contained in any other law for the time being 1n force.

C A SE LAW:

d. ated Sec. 92(1) • Unauthorised constructions ·Stoppage of· Unless~ coor rn effort is made by the Development Authorities as well as law enforcing abgen,cikes, · 1 1·ons Action to e a en one cannot expect to stop the unauthortsed cons rue 1 · h indicated : Nlrakar Sahoo v. Bhubaneswar Development ,Authori ty and⁰¹ers : 2011 {II) OLR 556

1 . Vide Notfn. No. 7058-T.P.-A. 2584-HUD/ 1 5.2.1 984-see Od1 sha Gazelle Ext No

37111 4.3.1984.

2. Ins. vide O.G.E. No. 1427, Dt. 06.10.2015

•' ,. '•

32

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~ -c 7'~ -:;r :::>ar~ -:i' ~...e: --ff .. '! ~ : :i= ::...P.:': -;::---:: : ~..s _.r..- ·-:: 2 :=-ze;..~ ':.._. ...... ~~;;f:;c r...r .... !!- -~ --~-:: :.-:.-:e'!:Z ~ ... -~-~ ~--:. --1!: -~'= ~~ :..a:r..;;. :: ~~ :.-~ -~ -~:. -~ :. ~ - -- ~~ -- ~- - :.~- :..:r_c:-~ ~ =at~_e:- -? ~~ •72 ,.ii:': :_~-;::-- .... -- -'( r- P~-:

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33

250

ODISHA LOCAL LAWS

[S. 98

d . Sub-section (1) shall ~e ~·e~7hed t~· apply

(3) Nothing containe in . ed is an injunction o w IC e o 1ection to a suit in which the only re!i ~f cla~~he notice or by the postponement of the would be defeated by the giving⁰

institut ion of the suit . ce etc.-(1) The Authority or any person

98. Compounding of offen ral or special order, may- authorised by it in this behalf by ~~~~aw from any. legal proceeding under

(a) institute, defend or Wl~e thereunder; this Act or any rule ma . t tution of the proceedings, compound (b} either before or after th~¹~⁵~le under this Act or any rule made any offence made punis a

thereunder; and · d th A . "thdraw any claim made un er e ct or

(c) admit , compromise or wi . any rule made thereunder · . . . A thority or any person authorised by 1t in this '[Provided that the u d. ending in· behalf shall not withdraw any legal procee mg p

(a) Criminal Court without the consent of that Court :. a.nd

. . 'th t leave of that Court, wherever 1t 1s necessary

(b) ~~~~~~hu:tp~~vi~~ons of the Code of Civil Procedure, 1908 (5 of

1908.)) .

(2) When an offence has been compounded, the offender. if m ~usto~y, sha ll be discharged and no.further proceedings shall be taken against him in respect of the offence compounded ·

99. Members and employees of the Authority to be public servants- All members, officers and employees of the Authority. the members .of the Advisory Council and committees and all other persons entrusted w1th the execution of any funct ion under this Act shall be deemed, whe~ acting o~ purporting to act in pursuance of this Act or the rules or regu~at 1ons made thereunder, to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860).

100. Protection of action taken in good fa ith -No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good fa ith done or intended to be done under this Act or any rule or regulation made thereunder.

101 . Duty of ~ol ice officer-It shall be the duty of every police offlcer-

(a) to co-operate with the Authority for carrying into effect and enforcing the provisions of this Act or any rule or regulation made thereunder;

(b) to communicate without delay to the proper officer or employee of the Authority any information which such police officer receives of a design to commit, or of the commission of any offence against this Act or any rule or regula tion made thereunder ; and

(c) to assist any officer or employee of the Authority reason ably demanding the aid of such police officer for the lawful exercise of any power vested in him under this Act or any rule or regulation made thereunder. ·

1 O~. Mode of recovery of dues of the Authority-Any money due to th~ ~uthonty on account .of fee or charges, or from the disposal of lands , bu1l~mgs .or other properties, movable or immovable or by way of rents and profits or m pursuance of any agreement executed by the Authority with any 1 . Added vlde Od1sha Act No. 15 of 1984-w.e.f. 6.6.1984. \

s 105) 0 . Development Authorities Act , 1982 251

eneficiary may, if the recovery thereof is no1 "'"! re . b ther provision of this Act, shall be recoverabl; bry ,:slAy P\hrov~ded for In any 0 e '[and the St t G e u onty as arrear of 1and revenu . a e overnment may appoint an officer of the A . as Cerllfi~ate Officer who ~hall be deemed to be the Certificate Office~~~\~~~ the meaning of the prov1s1ons of the Odisha Public Demands Recover A

1952 to recover such dues of the Authority.} Y ct '.

1 o.3. Control by ~tate Go~ernment-(1) The Authority shall carry out

such d1fec~10.ns as m.a~ ~e 1ss~ed lo 1t, from time to time, by the State Government for the efficient adm1n1strallon of this Act.

(2} .If in, or in connection with the ~xercise of its powers and discharge of its funct ions by the Authonty under this Act, any dispute arises between the Authority and the State Government, the decision of the State Government on such dispute sh all be final.

(3) The State Government may, at any time, eithe1 on its own motion or otherwise , call for the records of any case di sposed of. or order passed by the Authority for the purpos: of s~ti sfying itself as to the legality or propriety of any order passed or d1fect1ons issued and may pass such order or issue such directions in relation, as it may think fit :

Provided that the State Government shall not pass an order prejudicial to any person without giving such person a reasonable opportunity of being heard .

104. Returns and inspection- (1) The Authority shall furnish lo the State Governm ent such reports , returns and other information , as the State Government may, from time to time , require.

(2) Without prejudice to the provisions of Sub- section (1), the State Government or any officer authorised by the State Government in this behalf, may call .for reports, returns and other information from the Authority in regard to the implementation of any development scheme or town planning scheme.

(3) Any person authorised by the Slate Government or the officer referred to in Sub-section (2) may enter into or upon any land without assistants or workmen for ascertaining wheth.er the provisions of the development plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan or such scheme.

(4) No such entry shall be made except between the hours of sunrise and sunset and without giving reasonable nqtice to the occupier, or if there be no occupier, to the owner of the concerned land or building.

105. Service of notices etc.- (1) Alt documents including notices and orders required by this Act or any rules or regulations made thereunder to be served upon any person shalt, save as otherwise provided in this Act or rules or regulations, be deemed to be duty served-

1.

(a) where the document is to be served on a Government Department, railway, local authority, statutory authority, company, corporation, society or other body if the document is addressed to the head of the Government De

0

partment , General Manager of the Raitw~y, Secretary or principal officer of the local authority, statut~ry au~ho~1ty, company, corporation, society or any other body at 1ts prmcipat branch, local or registereo office , as the case may be. and is either-

Added vide O.G.E. No. 1427, Dt. 06.10.2015

252

ODISHA LOCAL LAWS

[S. 106

to such office; or

(i) sent by regislered post

(ii) delivered at such office; d . a partnership, if the document

(b) where the pers.on to be serve. tst its principal place of business, is addressed to the partnersh ip~ le under which its business is identifying it by the name or s y

carried on, and is either-

(i) sent by registered post, or . . . 'd place of business,

(ii) delivered at the sat t . addressed to the person to

(c) in any other case, if the documen ts be served; and :

(i) is given or tendered to him, or . 1 b found is affixed on some conspicuous (ii) if such p~rson cannown e lace ~f residence or business or is part of his last kno P dull member of his family or is

given or tendered¹⁰s~:~:s part of the land or building to

affixed on some conspt

which it relates,

(ii i) is sent by registered post to that person.

t h·ch is required or authorised to be served on (2) Any documen w 1 d d "th • · f land or building may be ad resse e owner the owner or occupier⁰any b r th t land or building naming or

or "the occupier", as the case may e, o a . . .

• : 1 d b ilding without further name or description and describindg thatd at n b odr lu served i f the document so addressed is sent or shall be eeme o e u Y , .

delivered in accordance with Clause (c) of Sub-section (1).

(3) Where a document is served ·on a partnership in accordance with this section, the document shall be deemed to be .served on each partner.

(4) f or the purpose of enabling any document to be s~rv~d on. ~he owner of any property the Secretary to the Authority, may by notice in writing require the occupier, if any, of the property to state the nam.e and address of the owner thereof.

(5) Where the person on whom a document is to be ser.ved is. a minor, the service upon his guardian or any adult member of his family shaJI be deemed to be .service upon the mi no(.

Explanation-A domestic servant is not a member of the family within the meaning of this section .

· 106. Public notice how to be made known-Every public notice lo be given under this Act or the rules or regulations made thereunder shall b e in writing over the signature of the Secretary to the Authority or, as the case may be, over the signature of the Valuation Officer and shall be .widely made known in the locality to be effected, thereby by affixing copjes thereof in conspicuous public places within the said locality or by publishing the same. by beat of drum or by advertisement in a local newspaper and· by such other means which the Secretary may think fit.

107. Notices, etc. to fix reasonable time-Where any·notice , order or other document issued or made under this Act or any rule or regulations made thereunder requires anything to be done for the doing, of which no time is fixed under this Act or the rule or regulation. the notice, order or other document shall specify a reasonable time for doing the same. s. 113] 0 . Developm t

en Authorities Act, 1982

253

108. Authentication of Ord

. d d . . ers, documents t Sanctions, or ers, ec1s1ons, notices and th • e c.-All permissions 0 er document h I '

(a) on behalf of lhe Authority b th . s s a I be authenticated- Authority, ' y e signature of the Secretary, to the

(b) on behalf of the Valuation Off' b . . teer, y himself, or by any other officer authorised in this behalf b · . case may be, by the Valuation Officer. y the Authority or, as the

109. Jurisdiction of Courts-All off . ences committed under the Act or any rule made thereunder Shall, on a complainrbein ma . by a Magistrate of the first class. g de, be , cognizable

110. Sanction of prosecur N · . . . ion- o prosecution for any offence punishable under ~his Act shal.I be instituted except with the previous sanction of the Authority or any officer authorised by the Authori ty in this behalf.

111. Power to delegate-(1) The Authority may, by notification, direct that any power exercisable by it under this Act, except the power to make regulations, may also be exercised by such officer or local authority or committee constituted under Section 6¹[or Special Purpose Vehicle consti tuted under section 6A or Special Planning Authority designated under section 3A] as may be mentioned therein , in such cases and subject to such conditions if any as may be specifie'd therein. '

(2) The State Government.may, by notification, direct that any power exercisable by it under .this Act. except the power to make ruies, may also be exercised by such officer¹[or such Committe.e , to be constitu ted by the State Government for the purpose,] as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(3) The Chairman or the Vice Chairman with the prior approval of the Authority, may by order, direct that any power exe.rcisable by him under this Act, may also be exercised by such officer as may be mentioned therein in such cases and subject to such conditions, i f any, as may be specified therein.

112. ·Fines when realised to be paid to the Authority-All fines realised in connec~ion with prosecutions under this Act shall be paid to the Authority at such time and in such manner as may be prescribed by rules.

1 1 3. Power !Jf Autliority to require local authprity to assume responsibility in certain cases -Where any area tias been ,developed by the Au'thority it may require the locar authority within whose local limits the area so developed is situated, to 'assume responsibility 'for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority, and where such terms and conditions cannot be ·agreed upon, on terms and conditions settled by the State Government in consultation with the local 'authority on a reference of the matter to State Government by the Authority. ·

1 . Ins. vide O.G.E. No. 1 427, DI. 06.1 0.201 5

254^ODISHA LOCAL LAWS

(S. 114

. efault by persons·( 1) If the Authority

114. Power of the Authority Ind t from any ol its of ficers or other afler holding a local enquiry or upon ref.o~ that any amenity which in the information in its possession . is salt~ ie d for any land but has not been opinion ol the Authority is to be provide nt of the land for wllich permission. provided for such land or that any developnt under this Act but has not been approval or sanction has been oblaine ortunity of show·cause, serve carried out. ii may. after giving reasonable op~esponsible for providing the upon the owner of the land or the perso~ case may be, a notice requiring amenity or carrying out the development , as¹d e velopmenl within such lime as him lo provide the amenity or carry out lhe e

may be specified in the notice h development i s n 1 . . 1 ·ded or any sue o . (2) If ~u~h ame~1ty is no. pro~~ the notice , then the Authority may earned out within the time specified 1 d lopment or have it provided or

itself provide the amenity or carry ou~ the evh~ k fit .

. d h h h ency as it may I in . cam e out I roug sue ag . th ' b-section th 1 k'ng any action under is su . e Provided that before a 1 .t 1 the owner of the land or to the Authority shall .give reason.a~le opportun.1 Y 0

for carrying out the development person responsible, for prov1d1ng the.amernty ~~ nol be taken . to show cause as lo why such action shou

(3) All expertses incurred by the Authority or the agency emplhoyed ~y · t the development, toget er with it in providing the amenity or carrying ou s ·1s made until payment

. f th d I h n a demand for expense interest rom e a e w e d fix shall be recove red by at such rate as the State Government may. by or er • 'ble for providing the the Authority from the owner or the persons responsi ·

amenity as arrears of land reven'ue . .

115 Registration of documents, maps, plans not requlred-(1) Nothing in the Ind ia~ Registration Act, 190S (Act No. 16 of 190S) shall be ~eem~d to require the registration of any documents, plan or map prepare. • ma e or sanctioned in connection with a development plan or a town planning scheme which has come into force.

(2) All such documents, plans and maps shall , for the p~rpose ?f Sections 4S and 49 of the said Act be deemed to have been registered in accordance with the provisions of that Act :

Provided that documents, plans and maps relating .to. be approved development plan and scheme shall be accessible to the public in the manner prescribed by regulations

1 (116 .• • ·1.

117. Exemption f rom Stamp Duty under Indian Stamp Act, 1899- Notwithstanding anything contained in the Indian Stamp Act, 1 S99 (Act No. 2 ol 1 S99) no duty shall be imposed on any deed of transfer of immovable property either by or in favour of the Authority.

118. Power to make agreement-Unless otherwise provided in this . Act the Authority shall be competent to make any agreement wit~ any person or party in respect of any matter which is provided for under this Act , or the rules or regulations made thereunder.

119. Effect of othe r laws- (1) Save as otherwise provided in Sub- section (3) of Section 91 or Sub-section (5) of Section 92 . th e provisions of th is Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith cootained in any other law. Deleted vide Odlsha Act No. 10 of 1985-w.e.f. 13.5 1985. s. 121 J 0 Developm ent Authorities A t

c ' 1982 255

(2) Notwithstanding anything contained in an

(a) when permission for develo Y other law. bl . d pment in respect f o ame under this Act such d o any land has been lo be unlawfully undert~ken evel.opment shall not be deemed fact that permission, approv~~ ~~rried out by re~son only of the other law for such development h sanction required under such as not been obtained . a d

(b) when permission lor such develo . · n under this Act, development shaltnment has not been. obta ined undertaken or carried out by re⁰¹be deemed to be lawfully approval or sanction required und:~~~ ~nlrh of :he fact the permission. has been obtained. c⁰er aw lor such development

'((3) T~~ P~~s~~ requiring a permission for development on a fina l po. w IC as ~een recorded as agricultural land in the record of rights and which has been carved out and a d d h t n plann · h pprove un er t e

ow ing s? eme, development scheme or land pooling scheme or perm 1tt~d under the provisions of section 16 of the Act, shall not require a writlen permission for conversion of the use of land for the purpose other than agriculture under tne provisions of section SA of the Odisha land Reforms Act, 1960 and rules made thereunder. but shall pay the conversion fees at the rate provided in section SA of that Act which shall be credited to the Comprehensive Development Plan Infrastructure Development Fund re ferred to in sub-section (5-a) of section 77.)

120. Mode of proof of record and restriction on the summoning of an officer of the Authority- (1) A copy of any receipt, application, plan. notice, order, entry in a register. or other documents in the possession of the Authority or the Valuation Officer if duly certi fied by the legal keeper thereof or other person autho.rised by t~e Aulh?rity .ror the Valuation Office in this behalf. shall be received as pnma fac1e evidence of the existence of the entry or document. as the case may be , and shall be admitted as evidence of the matters and transaction s therein recorded in every case , where, and to the same extent , the original entry of document would, if produced , have been admissible to prove such matters .

(2) Jhe Chairman , Vice-Chairman . member. officer or employee of the Authority or the Valuation Officer or any office r subordinate to him shall not in any legal proceedings to which the Authority or the Valuahon Officer is not a party, be required lo produce any register or document the contents of which can be proved under the preceding sub-section by a certified copy, or to appear as witness to prove any matter and transaction recorded therein, unless the Court for special reasons so directs.

121. Development plans to stand modified in certain cases ·(1) Where any land situated in a development area is required by the development plan to be kepi as unbuilt upon or is designated in any, such plan for any public purpose or subject to compulsory acquisition, then. i f at the expiration of ten years from the date of coming into, operation of the comprehensive development plan under Section 13, the land is not compulsorily acquired or purchased , by the State Government or the Authority, as the case may be, the owner of the land may serve on the Slate Government a notice requiring his interest in the land to be so acquired. •

1. Ins. vide O.G.E. No. 1427, Dt. 06.10.2015

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ootsHA LOCAL LAWS . [S. 122 t fails to commence proceedings for th

(2) If the Stale Governrnenl d Acquisition Act, 1894 (Act No. 1 e f h I nd under the an t' of acquisition o I e a h date of receipt of the no ice under Sub. 1894) within six rnon.ths from \ e fter the expiration of the said six months section (1) the land, immed iate~ ad to be kepi as unbuilt up on or for PUbli, shall be deerne~ to be not r~l~~i;e acquisition , and shall be available to th~ purpose or. sub1ecl to compions :f Chapter v, for development for such uses owner, sub!ec.t to ~he provisf d' cent land in the relevant development plan as is perm1ss1ble 1n case o a Ja . . . ·

. . f Odis ha Public Premises (Evict ion of Unauthorised

122. Application o · . Th St G Occu ants) Act. 1972 to premises of the Authority -(1) . e ate over~ment P 1.1. 1. • rovided thal from such date as is stated therein lhe may by no 1 1ca ion , P . 0 1 ) A Odi~ha Public Premises (Eviction of Unauthons~d. ccupan s ct_. 1972 (Odisha Act 5 of 1972) shall, subject to. th~ prov1s1ons of Sub-sect10.n (2)

apply to the premises belonging to, vesting in or leased by the Authority.

(2) on a notification being issued under Sub-section (1), the ~foresaid Act and the rules made thereunder shall apply to aforesaid premises with the following modifications, namely :

(a) the Sta te G.overnmenl shall appoint an officer of the Authority who is holding or has held office, whether under the Government or the' Authority, which in the opinion of the State Government is not lower in rank than that of a Deputy Collector or an Assistant Engineer, to be the Estate Officer for the purposes of the aforesaid Act and one or more officers may be appointed as Estate Officer for different areas or for the same area ;

(b) reference to · public premises· in that Act and those ru les shall be deemed to be reference to premises of the Authority and reference to "the State Government" in Sections 6, 12, and 15 thereof shall be deemed to be reference to the Authority.

' (Note-In exercise of lhe powers conferred by Sub-section (1) of Section 122 of the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982), the State Government do hereby provide that with effect from lhe 1st day of November, 1983 the Odisha Public Premises (Eviclion of Unauthorised Occupants) Act, 1972, shall apply to the premises belonging to vesting on. or leased by the Cuttack Development Authority.)

1 /Note ·In pursuance of Clause (a) of Sub-section (2) of Section 122 of the Odisha Developmenl Authorities Acl. 1982 (Odisha Act 14 of 1982), lhe State Government do hereby appoint Administrative Officer, Cuttack Development Authority to be the Estate Officer for the purpose of the said Act for the areas to which the Odisha Public Premises (Eviclion of Unauthorised Occupants) Act. 1972 has been applied in the nolificalion of the Government of Odisha in the Housing and Urban Development Department No. 46627 dated the 31st October, 1983.j

123. Power of State Government to make rules·( 1) The State Government, after consulta tion with the Authority, may make rules to carry out all or any of the purposes of this Act and prescribe forms for any proceedings for which it considers that a form should be provided :

V1de Odisha Gazette Part fll ·Al4 . 11 . 1983 applied to Bhubaneswar Dev. Area. wel 111.1983.

1. Vlde Notfn. No. 46627/T. P. Essl. 100183-HU0/31 .10 1983

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ocALLAW~ ooisHf\ L f notice to be served by Valuar d the form

0 ection (1) of Section 35 . 10 n ner an ') f sub-S . •

(xviii) the man d r Clause (1 o f otice ta be given by !he Valuati Officer un e d the form o n b-section (3) of Section 35 . on nner an ( ) of Su f I t ,

(xix) the ma der c1ause x . ·nary and the ina own ptanni officer un. hiCh the prehml Sub-section (3) of Section 35 ."9 form in w n under . Off ,

(xx) the hall be draw . . of the Valuation 1cer, shall b scheme s hich the dec1s1on cerned under Section 37· e

(xxi) the form .~a~d to the party c~~ion of a person under Se~tion 51 · commune1dure of summa~Y ev1cnder Sub-section (1) of Section 5-.' .. )the proc 1ven u · <'

(xx'.'. . h form of notice to be.g f the draft variation of a town Plannin, (xx111)t e f publication o f Section 53 ; g

. ) the manner o ction (2) o (xx1v heme under Sub-se. f the draft amendment to regulation sc f ublication o s

xxv) the manner o ~ (1) of Section 55 ; ( under Sub-section. claim is to be made by owner of any · h' which any k' f t ')the time wit in . . . • I ffected by the ma iny o a own planning (xxv1 ·ght iniunous y a property or n · 65 ·

scheme under Section t f excess amount by owner under Sub.

. d for paymen o (xxvii)the peno · 68· section (2) of Sect~on th~ borrowing by the Authority under Sub- (xx111ii) rules for regulati.ng 77·

section (9) of Section ~r in which the collections made under

(xxix) the tim~ and-thef 5 ma~-:n 7s shall be paid to the Authority under Sub-section (1) o ec i t' n. t' n (4) of that sec 10 •

Sub-sec .¹⁰d th rme at which the annual budget of the Authority

(XXX) the form 10 an e I · SQ· shall be prepared under Section ' . . .

. . which the Authority shall maintain its accounts and (xxx1) the form ind pare annual statement of accounts and balance records an pre . .

sheet under Sub-section (1) of Section 81 ,

.. ) th f ·n and the date on or before which the Authority shall (xxxn e orm 1 . 2. prepare its annual report under Section 8 : . ( ... )th manner in and conditions subject to which the Authority shall XXXlll e t' (1) fS t· 83· constitute provident fund under Sub-sec ion o ec ion •

(xxxiv) the time at and the manner in which application shall be made to the Authority for assessment of development charge ur:ider Sub-section (1) of Section 86:

(xxxv) the po~ers to be exercised, the functions to be performed and the procedure to be fo llowed by the Art Commission under Sub· section (3) of Section 88;

(xxxvi)the time at and the manner in which \he fines realised in connecti?n with the prosecutions under this Act shall be paid to the AuthonlY under Section 112;

(xxxvii) the form of no objection certificate under Section 116:

(xxxviii) any other matter which has to be , or may be prescribed by rules. ·

(3) The State Government shall have power to make rules-

(a) in res~ect of conditions on which officers and employees of the Authority may be appointed, reduced in rank, suspended, discharged. removed or dismissed ;

s. 124]⁰. Development Authorities Act, 1982²⁵⁹

(b) in respect of accounts lo be maintained by the Authority;

(c) in respect of re turns, statements, reports and accounts to be submitted by the Authority to the State Government :

(d) prescribing and defining the mutual relationship to be observed between the Authority and the local authority in any matter in which they are jointly interested :

(e) in respect of principles, guidelines, planning standards, building regulations, conditions and restrictions in ac_cordance with which development may be undertaken or regulated :

(f) in respect.of authentication of development plans at the time of approval by the State Government and custody thereof and the procedure for its production before Courts for verification :

(g) in respect of calling of tenders , security amount, acceptance of tenders , issue of work orders, entering into contract , execution of w·orks, compromise of claims, and matters ancillary thereto :

(h) in respect of such other matter in relation to v.hich the Authority shall make enquif.y while considering applications for permission to develop;

(i) in respect of the stages by which the development of any particular feature of a zone may be carried out ;

(j) in respect of the local enquiries or other hearing that may be made before a development plan is approved ;

(k) in respect of the manner i n which State Government land after transfer to the Authority shall be dealt with ;

(I) in respect of matters relate·d to leasing or hiring out or transfer of any property belonging to the Authority and matter ancillary or consequential thereto ;

(m) in respect of the powers to be .exercised and the functions to be performed by the members of the Authority including the Chairman and the Vice-Chairman .

(4) In making any rule, the State Government may provide that a · breach thereof, shall be punishable with fine which may extend to one thousand rupees and in the event of the continuance of the offence, a fine which may extend to rupees thirty per da.y.

124. Power of the Authority to make regulations- (1) The Authority may, with the previous approval of the State Government , frame regulations not inconsistent with this Act or the rules made thereunder for carrying out all or any of the purposes of this Act and particularly in regard to all matters expressly required or allowed by this Act or the rules made thereunder to be regulated by the Authority.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-

(i) the summoning and holding of meetings of the Authority, the time and the place where such meetings are to be held , the conduct of business at such meeting and the number of members necessary to form a quorum thereat , under Subsection (12) of Section 3 ;

(ii) the salary and allowances and conditions of service of the Secretary and other officers and employees of the Authority under Sub· section (2) of Section 4 -

r,

260

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ooISH~ LOCAL LAWS [S. 124 h t may be paid to the members of th (i ii} fees and altowa.nces ~tt:nding its meetings under Sub-sectio~ Advisory Council for

(5}, of Secti~n 5: olding of rneelings of a Committee constituted

(iv) the summoning and h . at an·d the place where such meeting S r n 6 the time h . s under ec 10 • d t of business at sue meeting and th are to be held, the con u~sary to form a quorum thereat, undee number of members ne~e . r

· (2) of section 6 ,

Sub-section able to the members of the Committee

(v) the fee and allowan~es pajthe Authority) for attending the meeting (other than th.e mem ers

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ODISHA LOCAL LAWS [S. 128

ble against the Authority shall (b) all liabilities which are enforcea . be enforceable against the State Government. .

(c) for the purpose of carrying out any development which has ~at f 11 .. d t by the Authority and for the purpose of re leasing been ut. Y cafmed ouand dues referred to in Clause (a) the function proper 1es, un s St t G · ·

f the Authority shall be discharged by the a e overnment. 1 28 ~ Repeal and savings- (1) As from the date of the constitution.of. the Authority-

( a) the Odisha Town Planning and Improvement Trust Act, 1956 (Odisha Act 10 of 1957) and Sections, 247 to 251 and Cha pter XVII .of Odisha Municipal Act, 1950 (Odis ha Act 23 of 1950) shall. ce11s·e to have effect within the area under the jurisdiction of the Authority';

(b) the Improvement Trusts and Special Planning Authorities (hereinafter · referred to as existing Planning Authorities) constitu ted under· the provisions of the said Act in respect of the whole or part of the area under the jurisdiction of the Authority shall stand dissolved.

(2) Notwithstanding the provisions of Sub-section (1 )-

(a) such officer or other employee serving under the existing Planning Authority immediately before the date of the constitution of the Author ity as the State Government may decide shall , on and from such date. be transferred to and become an officer or other employee · of the concerned Authority with such designations as the concerned Authority may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same , if the existing Planning Authority had not been dissolved and shall continue to do so unless and unti l such tenure, remunerations and the terms and conditions are duly altered by the Authori ty :

Provided that any service rendered by any such officer or other such employee before the dissolution of the existing Planning Authority shall be deemed to be the service rendered under the concerned Authority :

. Provided further that the concerned Authority may employ any such officer or other employee in the discharge of !:ouch functions under this Act as it may think proper and every such officer or other employee shall discharge those functions accordingly- ·

(b) anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission , rule, byelaw, regulation or form made, granted or Issued) under the Odisha Town Planning and Improvement Trust Act. 1956 (Odisha Act 10 of 1957) and . Sections 247 to 251 and Chapter XVII of Odisha Municipal Act. 1950 (Odisha Act 23 of 1950) in respect of whole or part of a development area, shall so far as it Is not inconsistent with the provisions of this Act, continue to be in force and be deemed to have done or taken under the provisions of this Act unless and until i i is superseded by anything done or any action taken under the said provisions;

'((b-1) Any work or construction or reconstruction of building undertaken carried out or completed in contravention of Sections 24 7 to 251

1. Inserted vide Odisha Art No. 4 of 1985-w.e.f. 15.12.1984. s. 128) 0 . Development Authorities Act, 1982 263 and Chapter XVII of the Odisha Municipal Act , 1950 (Odisha Act 23of1950) or any rules. bye-laws or regulations made thereunder in force at the re levant point of time or any orders made or permission granted in respect thereof within the whole or par t of development area and to which the provisions of Clause (b) do not apply. shall be deemed to be a development undertaken , carried out or completed without a permission as referred to in Section 15;)

(c) all debts. obl igations and liabil ities incurred, all contrac ts entered into, a ll matters and things engaged to be done by, with or for the ex isting Planning Authority shall-

. (i ) in respect of a development area be deemed to have been incurred entered into or engaged to be done by, with or for the concerned Authori ty;

(ii) in respect ·of' area or areas other than a development area be deemed to have been incurred , entered into or engaged to be done by, with or for the Planning Authori ty or Authori ties that may be constituted by the State Government for such area or areas under the provisi6ns of the Odlsha Town Plan ning and Improvement Trust Act, 1956 (Odisha Act 10 of 1957):

(d) a ll properties, movable and immovable , vested in, and all rents, fees and other sums due to the existing Planning, Authority shall -

(i) in respect of a development area vested in or be due to the Authority.

(ii) in respect of area or areas other than a development area vested in or be due to the Planning Authority or Authorities that may be constituted by the State Government for such area or areas under the provisions of Odisha Town Planning and Improvement Trust Act, 1956 (Odisha Act 10 of 1957) .in such manner and in such proportions as may be determined by the State Government;

(e) all suits , prosecutions and legal proceedi ngs i nsti tuted or which might have been institu ted by, for or against the exi sting Planning Authority, shall- .

(i) in respect of

0

a development area may be. continued or instituted by, for or against the concerned Authori ty;

(ii) in respect of areas other than a development area may be continued or instituted by, for or against the Planning Authority or Authorities that may be constituted by the State Government for such area or areas under the provisions, of the Odisha Town Pl anning and Improvement Trust Act, 1956 (Odisha Acf 10of1957) .

CASE LAW:

Sec. 128-The Odishe Towrf Planning and Improvement Trust Act, 1956 has been repealed-By vir tue of Section 128 no substi tution or fresh notice is necessary as the proceedings are to be continued and omcers have been transferred-1986

(II) OLR (NOC) 32.

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