[Act
No. 15 of 2020] [13th
February, 2020] An
Act further to amend the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam,
1973. Be
it enacted by the Madhya Pradesh Legislature in the seventieth year of the
Republic of India as follows:- (1) This Act may be called the Madhya Pradesh Nagar Tatha Gram
Nivesh (Sanshodhan) Adhiniyam, 2019. (2) It shall come into force from the date of its publication
in the Madhya Pradesh Gazette. In
Section 2 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23
of 1973) (hereinafter referred to as the principal Act),- (i)
after clause(e), the following clauses
shall be inserted namely:-- "(ea) "compensation" means the reconstituted
final plot provided in the town development scheme to equalise the total value
of original plot; "(eb) "contribution" means the share of
increment in value of the final plot to be levied from the land owner due to
increase in value by providing infrastructure in town development scheme as per
clause (f) of sub-section (4) of Section 50 ;"; (ii)
after clause (i), the following clause
shall be inserted, namely:-- "(i-1) "final plot" means a plot
reconstituted in a town development scheme as a final plot;"; (iii)
after clause (m), the following clause
shall be inserted, namely:-- "(m-1) "original plot" means a portion of
land held in single or joint ownership and numbered and shown as one plot in a
town development scheme;". In
Section 17 of the principal Act, in clause (j), for full stop, semi-colon shall
be substituted and thereafter the following new clause shall be added,
namely:-- "(k) indicate in
development plan, tentative delineation of town development scheme boundaries
for preparation and implementation of these town development schemes over the
plan period or in phases.". In
Section 38 of the principal Act, after sub-section (2), the following
sub-section shall be inserted, namely:-- "(2A) The State Government may also designate a
government agency or a Government owned company or urban local body, as the
Town and Country Development Authority, and may delegate specific duties and
responsibilities such as the preparation and implementation of Town Development
Schemes, to the exclusion of development authority of the town for such
specific area within planning area: Provided
that the provisions of Sections 39 to 48 shall not be applicable to such
agencies. For
Section 49 of the principal Act, the following Section shall be substituted,
namely:-- "49. Town Development Scheme.- (1) The Town and Country Development Authority shall prepare
and implement one or more town development schemes within its jurisdiction and
in conformity with the proposals of the development plan. The town development
scheme may be prepared for-- (a) an area that is proposed for future development in the
development plan; or (b) an area that is in the process of development; or (c) the redevelopment of an already developed area; or (d) any area that has been notified under the repealed provisions
of the Act, as town development scheme but development has either not started
or in progress, in such manner as may be prescribed. (2) A town development scheme may provide for any of the
following purposes: (a) acquisition, development, sale, leasing or reconstitution
of land for purpose of town expansion; (b) reconstitution of plots for the purpose of buildings,
roads, drains, sewage lines and other similar amenities; (c) undertaking of such building or construction work as may be
necessary to provide housing, shopping, commercial or other facilities; (d) any other work of a nature such as that would bring about
environmental improvements which may be taken up by the Town and Country
Development Authority with the prior approval of the State Government. (3) A town development scheme may provide for any of the
following matters, namely:-- (a) the layout or re-layout of land, either vacant or already
built upon; (b) layout of new streets or roads, construction, diversion,
extension, alteration, improvement and closing up of streets and roads and
discontinuance of communications; (c) the construction, alteration and removal of buildings,
bridges and other structures; (d) the allotment or reservation of land for roads, open
spaces, facilities for health and education and public purposes of all kinds; (e) facilities for all transportation modes, particularly, the
safe movement of pedestrians and non-motorized vehicles; (f) facilities for physical infrastructure and municipal
services including water supply, waste water management systems, storm water
drainage, solid waste management and street lighting; (g) the conservation of natural and cultural heritage; (h) allocation of land for affordable housing for low and
informal income groups; (i) slum improvement, in-situ redevelopment or relocation and
rehabilitation in conformity with the prevailing laws and policies in this
regard; (j) provisions to ensure ecologically sustainable development; (k) reservation and allocation of land to the Town and Country
Development Authority for sale to recover the cost of preparing and
implementing the town development scheme and providing the infrastructure
therein; (l) any other residual infrastructure or work; (m) any infrastructure or development work which may be
necessary for such scheme in future; (n) (i) the authority shall return to the extent possible 50
percent of original plot as final plot to the land owner. As far as possible
the distribution of land in the scheme shall be as below:-- (I)
twenty percent for roads, (II)
five percent for parks, play-grounds
and open space, (III)
five percent for social infrastructure
such as school, dispensary, fire brigade, public utility place as earmarked in
the draft town development scheme, and (IV)
twenty percent for sale by appropriate
authority for residential, commercial, low and informal income housing or
industrial use depending upon the nature of development: Provided
that the percentage of the allotment of land specified in paragraphs I to IV
may be altered by the development authority depending upon the nature of
development and for the reasons to be recorded in writing; (ii)
the proceeds from the sale of land referred to in paragraph IV of sub-clause (i) shall be used for the purpose of providing
infrastructural facilities; (iii)
the land allotted for the purpose referred to in paragraphs II and III of
sub-clause (i) shall not be changed by variation of schemes for the purpose
other than public purpose; (o)
development control regulations to be
followed by all construction within the town development scheme including urban
design guidelines to ensure the development of efficient, livable and
aesthetically harmonious urban areas, provided that they are in conformity with
the proposals and intent of the development plan.". For
Section 50 of the principal Act, the following Section shall be substituted,
namely:-- "50. Preparation of town development schemes.-- (1)
(a) The Town and Country Development
Authority shall submit a proposal for the preparation and implementation of a
town development scheme with phasing plan to be followed, to the Director with
a copy to the State Government. Within fifteen days of submission of the
proposal to Director, the Development Authority shall issue a public
notification of the proposal in the Gazette and in prominent Hindi newspapers.
By this notification the Director shall prohibit all development in the scheme
area till further notification upon the approval or disposal of the proposal by
the State Government. (b)
Town development scheme notified under the repealed provisions of the Act, but
development has either not started or not been taken up for any reasons, shall
lapse. However, where infrastructural development work was initiated and an
expenditure upto 10 percent has been incurred as calculated on date of
amendment in the Act, and land owners reimburse expenditure incurred on the
scheme, to the development authority, the scheme shall lapse as may be
prescribed: Provided
that, not later than six months, the town and development authority may draw a
fresh scheme, as may be prescribed, till such time the Director shall prohibit
all development in the scheme area, so as not to adversely affect the viability
of the scheme: Provided
further that the town development scheme, where any infrastructural development
work is in progress with more than 10 percent of expenditure on the estimated
cost as calculated on the date of amendment, the scheme shall continue as
published under the provision of the Act. (c)
The Director shall examine the proposal and hold consultations with the
concerned Development Authority officials and send the scheme along with his
opinion or otherwise with development plan proposals to the State Government
within one month of receipt of the proposal. (d)
Within three months from the date of receipt of the proposal, the State
Government may either approve the proposal as it is or may approve with
modifications or may reject the proposal with reasons after giving due
opportunity of hearing to the Development Authority: Provided
that the State Government may extend the above specified period for another
three months, if found necessary. (2) As per the State Government's response, the Development
authority shall issue a notification within one month in the Gazette and in
minimum two prominent Hindi newspapers, declaring its intention to prepare the
town development scheme or withdrawing its proposal, as the case may be. (3) Not later than six months from the date of publication of
the declaration under sub-section (2), the Town and Country Development
Authority shall prepare a draft town development scheme in such form and manner
as may be prescribed, together with a notice inviting objections and
suggestions from any person with respect to the said draft town development
scheme before such date as may be specified therein, such date not being
earlier than thirty days from the date of publication of such notice: Provided
that on an application by the Town and Country Development Authority in that
behalf, the State Government may, from time to time, by notification, extend
the aforesaid period by such period or periods as may be specified therein, so
however that the period or periods so extended shall not in any case exceed
three months in the aggregate. (4) The draft town development scheme shall contain the
following particulars, namely: (a) the area, ownership and tenure of each original plot; (b) the particulars of land allotted or reserved under clause
(d)of sub-section (3) of Section 49 and full description of all other details
of the scheme under sub-section (3) of Section 49 as may be applicable: Provided
that the areas reserved for public purpose shall be proportionately distributed
among the residents within the area of the scheme, other areas adjacent to the
scheme or town level as may be prescribed, for the calculation of contribution; (c) the details of final plots allocated to the owners in lieu
of original plots; (d) estimation of the value of original and final reconstituted
plots; (e) estimation of and apportionment of the compensation to or
contribution from the beneficiaries of the scheme on account of the
reconstitution of the plot and reservation of portions for public purpose; (f) evaluation of the increment in value of each reconstituted
plot and assessment of the development contribution to be levied on the plot
holder: Provided
that the contribution shall not exceed half the increment in value; (g) evaluation of the reduction in value of any reconstituted
plot and assess the compensation payable thereof; (h) an estimate of the net cost of the scheme to be borne by
the appropriate Authority; and (i) any other prescribed particulars. (5) The cost of town development scheme shall include:-- (a) all sums payable by the Town and Country Development
Authority under the provisions of the Act, which are not specifically excluded
from the costs of scheme; (b) all sums spent or estimated to be spent by the Town and
Country Development Authority in the making and execution of the scheme; (c) all sums payable as compensation for land reserved for or
designated for any public purpose or for the purposes of the Town and Country
Development Authority which is solely or partly beneficial to the owners of
land or residents within the area of the scheme; (d) all legal expenses incurred by the Town and Country
Development Authority in the making and in the execution of the scheme; (e) other incidental expenses such as statutory decree, change
of law, and force majeure, shall be recovered by the land owners included in
the scheme; (f) twenty percent of the amount of the cost of infrastructure
provided in the area adjacent to the area of the scheme, if necessary, for the
purpose of and incidental to the scheme; (g) the costs of the scheme shall be met wholly or in part by a
contribution to be levied by the Town and Country Development Authority on each
plot included in the final scheme calculated in proportion to the increment: Provided
that -- (i)
(a) where the cost of the scheme does
not exceed half the increment, the cost shall be met wholly by a contribution; (b)
where it exceeds half the increment, to the extent of half the increment it
shall be met by a contribution and the excess shall be borne by the Town and
Country Development Authority. (ii) no such contribution shall be levied on a plot used,
allotted or reserved for a public purpose or for the purpose of the Town and
Country Development Authority which is solely beneficial to the owners of land
or residents within the area of the scheme; and (iii) the contribution levied on a plot used, allotted or
reserved for a public purpose or for the purpose of the Town and Country
Development Authority which is beneficial partly to the owners of land or
residents within the area of the scheme or 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. Explanation.-For
the purpose of this Act, the increments shall be deemed to be the amount by
which at the date of the declaration of intention to make a scheme the market
value of the original plot included in the final scheme estimated on the
assumption that the scheme has been completed would exceed at the same date the
market value of the same plots estimated, with a factor, as may be prescribed,
without reference to improvements contemplated in the scheme: Provided
that in estimating such value, the value of buildings or other works erected or
in the course of erection on such plot shall not be taken into consideration; (h) the owner of each plot included in the scheme shall be
primarily liable for the payment of contribution leviable in respect of such
plot. (6) (a) If the owner of an original plot is not provided with
plot in scheme or if the contribution to be levied from him under sub-section
(4) is less than the total amount to be deducted therefrom under any of the
provision of this Act, the net amount of his loss shall be payable to him by
the Town and Country Development Authority. All payments due to be made to any
person shall, as far as possible, be made by adjustment in such account with
the Town and Country Development Authority in respect of the plot concerned or
of any other plot in which he has an interest and failing such adjustment,
shall be paid in cash or in such other manner as may be agreed upon by the
parties. (b)
The net amount payable under the provision of this Act by the owner of a plot
included in the scheme may be at the option of the contributor be paid in lump
sum or in annual installments not exceeding six. (c)
If the owner elects to pay the amount by installments, interest at such rate as
arrived at by adding two percent to the bank rate published under section 49 of
the Reserve Bank of India Act, 1934 (No. 2 of 1934), from time to time, shall
be charged per annum on the net amount payable. (d)
If the owner of a plot fails to exercise the option on or before the date
specified in a notice issued to him in that behalf by the Town and Country
Development Authority, he shall be deemed to have exercised the option of
paying contribution in installments and the interest on the contribution shall
be calculated from the date specified in the notice being the date before which
he was required to exercise the option. (e)
If the owner of a plot fails to pay contribution in lump sum or in installments
or does not appear after issuing the notice, a final notice of payment as
calculated under clause (d) shall be issued for payment on or before the date
specified in the notice, failing to appear after such notice issued to him in
that behalf by the Town and Country Development Authority, the contribution of
such amount shall be adjusted by deducting the land for the such amount due. (7)
(a) In the draft scheme referred to in
sub-section (3) and (4), the size and shape of every plot shall be determined,
so far as may be, to render it suitable for building purposes and where the
plot is already built upon, to ensure that the building, as far as possible,
complies with the provisions of the scheme as regards rules to regulate the control
of development. (b)
For the purposes of clause (a), the draft scheme may contain proposals: (i) to form a final plot by reconstitution of an original plot
by the alteration of its boundaries, if necessary; (ii) to form a final plot from an original plot by the transfer
of any adjoining lands; (iii) to provide with the consent of the owners that two or more
original plots which are owned by several persons or owned by persons jointly
be held in ownership in common as a final plot, with or without alteration of
boundaries; (iv) to allot a final plot to any owner dispossessed of land in
furtherance of the scheme; and (v) to transfer the ownership of a plot from one person to
another. (8) The Town and Country Development Authority shall consider
all the objections and suggestions as may be received within the period
specified in the notice under sub- section (3) and shall, after giving a
reasonable opportunity to such persons affected thereby as are desirous of
being heard, or after considering the report of the committee constituted under
sub-section (9), approve the draft scheme as published or make such
modifications therein as it may deem fit. (9) Notwithstanding anything contained in sub-section (7), the
Town and Country Development Authority shall constitute a committee, to consider
all the objections and suggestions as may be received within the period
specified in the notice under sub- section (3), consisting of the Chief
Executive Officer of the said Authority, an officer nominated by the Director,
an officer nominated by District Collector not below the rank of Tehsildar,
Commissioner or Chief Municipal Officer or his nominee of such urban local body
within whose jurisdiction the town development scheme is situated and Chief
Executive Officer or his nominee of the Zila Panchayat in case the scheme lies
wholly or partly in his jurisdiction. (10) The committee constituted under sub-section (9) shall
consider the objections and suggestions and give reasonable opportunity of to
such persons affected thereby as are desirous of being heard and shall submit
its report considering the provisions under sub-section (4) to the Town and
Country Development Authority with recommendations for changes in the contents
of the draft town development scheme to address the objections and suggestions and
to effect any improvements in the scheme that the committee deems fit to
recommend: Provided
that the final publication of such draft scheme shall be notified after the
layout proposed therein has been approved by the Director. Such final
publication shall be notified not later than six months from the date of
publication of the draft scheme under sub-section (3) failing which the draft
scheme shall be deemed to have lapsed: Provided
further that any person intending to carry out any development or construction
on final plot allotted to him by the Town and Country Development authority
shall obtain permission as may be prescribed. (11) Immediately after the town development scheme is approved
under sub-section (10) with or without modifications, the Town and Country
Development Authority shall publish in the Gazette and in such other manner as
may be prescribed a final town development scheme and specify the date on which
it shall come into operation. (12) (a) Where a town development scheme has come into operation,
all lands required by the Town and Country Development Authority for the
purposes specified in following clauses: (i) layout of new streets or roads, construction, diversion,
extension, alteration, improvement and closing up of streets and roads and discontinuance
of communications etc; (ii) drainage inclusive of sewerage, surface or sub-soil
drainage and sewage disposal; (iii) lighting; (iv) water supply; shall
vest absolutely in the Town and Country Development Authority free from all
encumbrances. (b)
Nothing in clause (a) shall affect any right of the owner of the land vested in
the appropriate authority.". After
Section 50 of the principal Act, the following Section shall be inserted,
namely:-- "50-A. Disputed Ownership. (1) Where there is a disputed claim to the ownership of any
piece of land included in an area in respect of which a declaration of
intention to make a scheme has been made and any entry in the record of rights
or mutation relevant to such disputed claim is inaccurate or inconclusive or in
litigation, at any time prior to the date on which the Director, Town and
Country Planning approves the scheme under sub-section (10) of Section 50, such
claim shall be applicable on final plot mutatis mutandis, unless been decided
by a competent court. (2) In the event of a 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 appropriate authority by the person affected by
such decree.". Section
56 shall be renumbered as sub-section (1) thereof and after sub-section (1) as
so numbered, the following new sub-section shall be inserted, namely:-- "(2) The lands
reserved and allocated to the Town and Country Development Authority as per the
provisions of Section 49 and vested in the Authority under sub-section (11) of
Section 50 shall be transferred to the freehold ownership of the Town and Country
Development Authority. This transfer having been done through the process of
plot reconstitution under sub-section (7) of Section 50 with concomitant
calculations of compensation and contribution under the provisions of
sub-section (4) of Section 50, shall not be subject to the provisions of any
legislation regarding land acquisition: Provided
that after the declaration of final scheme the Town and Country Development
Authority shall without delay forward a copy of the final scheme to the
District Collector of the region for the purpose of correcting the survey
records.". For
Section 59 of the principal Act, the following Section shall be substituted,
namely:-- "59. Development charges (1)
Where as a result of town development
scheme, there is in the opinion of the Town and Country Development Authority,
appreciation in the market value of lands adjacent to and affected by a scheme,
the Town and Country Development Authority may, in lieu of providing for the
acquisition of such land or framing a town development scheme, levy development
charges on owners of such land: Provided
that such levy may also be charged on the land which is lying within the area
of town development scheme, and is in the course of development, with prior
permission of the Director. (2)
The development charges shall be an
amount equal to one-third of the difference between the value of the land on
the date of publication of the intention to prepare the town development scheme
under sub-section (2) of Section 50 and value of the land on the date of
development charges to levy.". For
sub-section (1) of Section 60 of the principal Act, the following sub-section
shall be substituted, namely: -- "(1) During
implementation of the development scheme, the Town and Country Development
Authority shall, by a notice in such form and published in such manner as may
be prescribed, declare of its intention to levy development charges in the area
affected by the scheme or within the area of town development scheme, calling
upon owners of land liable to pay development charges to submit objection, if
any, within such period which shall not be less than thirty days from the date
of publication of the notice, and to such authority as may be specified in the
notice.". Section
78 shall be renumbered as sub-section (1) thereof and after sub-section (1) as
so numbered, the following new sub-section shall be added, namely:-- "(2) No civil
court shall have jurisdiction to entertain any dispute relating to town
development scheme in respect of which the development authority is empowered
by or under this Act, and no injunction shall be granted by any court in
respect of any such matter.". In
Section 85 of the principal Act, in sub-section (2), for clause (xiii), the
following clause shall be substituted, namely:-- "(xiii) (a) the manner of publication of declaration
under section 50(1); (b)
the manner of publication of declaration under section 50(2); (c)
the form in which and the manner in which the town development scheme in draft
form shall be published under section 50(3); (d)
the form and the manner in which the contents of town development scheme in
draft form shall be published under section 50(4); (e)
the manner in which the permission on final plot of a town development scheme
shall be issued under section 50(10); (f)
the manner in which the final town development scheme shall be published under
section 50(11);". In
Section 87 of the principal Act, after the sub-section (2), the following new
subsection shall be added, namely:-- "(3) Notwithstanding
the substitution of Section 49 and Section 50 by the Madhya Pradesh Nagar Tatha
Gram Nivesh (Sanshodhan) Adhiniyam, 2019, anything done or any action taken for
physical development after the final publication of scheme under repealed
provision of Section 50, shall, in so far as it is inconsistent with the
provision of this Act, be deemed to have been done or taken under the
corresponding provision of this Act."THE MADHYA PRADESH NAGAR TATHA GRAM NIVESH
(SANSHODHAN) ADHINIYAM, 2019
PREAMBLE