[Act No. 21 of 1968] [17th October, 1968] An Act further to amend the Madhya Pradesh Town
Planning Act, 1948. Be
it enacted by the Madhya Pradesh Legislature in the Nineteenth Year of the Republic
of India as follows:- This
Act may be called the Madhya Pradesh Town Planning.(Amendment) Act, 1968. For
section 2 of the Madhya Pradesh Town Planning 1948 (LXVII of 1948) (hereinafter
referred to as the Principal Act); the following section shall be substituted,
namely:- "2. Definitions. In
this Act, unless the context otherwise requires,- (i)
"agriculture" includes
horticulture, farming, raising of annual or periodical crops, fruit,
vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil,
the reserving of land for fodder, grazing of thatching grass, breeding and
keeping of livestock, including cattle, horses, donkeys, mules, pigs, fish and
bees, the use of land which is ancillary to the farming of land or any other
agricultural purpose, but shall not include the use of any land attached to a
building for the purposes of a garden to be used along with such buildings, and
the expression "agricultural" shall be construed accordingly; (ii)
"amenities" includes roads
and streets, water and electric supply, open spaces, parks, recreational
grounds, play grounds, street lighting, drainage, sewerage, public works and
other utilities, services and conferences; (iii)
"building" means a house,
but shed, or other structure for whatever purposes and whatever material
constructed and every part thereof, whether temporary or permanent; whether
used as a human habitation or not, and includes wells, latrine, drainage work, fixed
platform, verandah, plinths, doorsteps, compound wall, fencing, and the like
and any work connected therewith but does not include plant or machinery
comprised in a building; (iv)
"building operation"
includes- (a)
erection or re-erection of a building,
or any part of it; (b)
roofing, re-roofing of any part of a
building or an open space; (c)
any material alteration or enlargement
of any building; (d)
any such alteration of its drainage or
sanitary arrangements, which materially affect its security; (e)
the construction of a door opening on
any street, or on land not belonging to the owner (v)
"commerce" means carrying on
any trade, business or profession, sale or exchange of goods of any type
whatever, and includes the running of, with a view to make profit, hospitals,
nursing-homes, infirmaries, educational institutions and also includes hotels,
restaurants, boarding houses not attached to any educational institutions,
sarais, and "Commercial" shall be construed accordingly; (vi)
"Commercial use" includes
the use of any land or building or part thereof for purposes of commerce or for
storage of goods, or as an office, whether attached to industry or otherwise; (vii)
"Chief Town Planner" means a
person possessing qualification in Town Planning appointed by the State
Government, by notification to perform the functions of the Chief Town Planner
under this Act; (viii)
"development" with its
grammatical variations means the carrying out of building, engineering, mining
or other operations in, on over or under land or the making of any material change
in any building or land and includes sub-division of any land; (ix)
"development plan" means a
development plan prepared under this Act and includes an Interim Development
Plan; (x)
"engineering operations"
include the formation of laying out of means of access to a road or the laying
out of means of water supply; (xi)
"industry" includes the
carrying on any of manufacturing process as defined in Factories Act, 1948
(LXIII of 1948), and the expression industrial shall be construed accordingly; (xii)
"industrial use" includes
the use of any land or building or part thereof for purposes of industry; (xiii)
"land" shall have the same
meaning as in clause (a) of section 3 of the Land Acquisition Act, 1894; (xiv) "local area" means an area comprised within the,
limits of a local authority and includes area or areas contiguous thereto as
may be included in the Interim Development Plan or Development Plan under this
Act; (xv)
"local authority" means a
municipal council or a notified area committee constituted by or under the
Madhya Pradesh Municipalities Act, 1961 (37 of 1961) and" shall, for the
purposes of Chapters I-A, I-B, I-C include a municipal corporation constituted
by or under the Madhya Pradesh Municipal Corporation Act, 1956 (23 of 1956); (xvi) "market value" means the market value of the land
according to the use to which the land was put at the date with reference to
which the market value is to be determined under the provisions of this Act; (xvii) "occupier" includes- (a)
a tenant; (b)
an owner in occupation of, or
otherwise using his land; (c)
a rent free tenant of any land; (d)
a licensee, in occupation of any land;
and (e)
any person who is liable to pay to the
owner damages for the use and occupation of any land; (xviii)
"owner" includes an owner in
severalty, in common or joint or a person who has a permanent title to the use
of the land in his possession; (xix) "plot" means a continuous portion of land held by
one owner; (xx)
"reconstituted plot" means a
plot which is in any way altered by the making of a town planning scheme; Explanation:-"altered"
includes alteration of ownership. (xxi) "residence" includes the use for human habitation
of any land or building or part thereof including gardens, grounds, garages,
stables, and out houses, if any, appertaining to such building and the
expression "residential" shall be construed accordingly; (xxii) "scheme" includes a plan relating to a town
planning scheme; After
section 2 of the principal Act, the following Chapters shall be inserted,
namely:- "CHAPTER 1-A" Preparation of present land use map and register
and Development Plan 2-A. Application of, Chapters 1-A, 1-B and 1-C. Notwithstanding
anything contained in section 1, the provisions of Chapters I-A, I-B and I-C
shall apply to,- (i)
the local area comprised within the
limits of Bhopal, Gwalior Indore, Raipur, Ujjain and Jabalpur Municipal
Corporations, Durg, Ratlam and Neemuch Municipalities and Bairagarh Notified
Area Committee, at once; and (ii)
any other local authority on such date
as the State Government may by notification appoint and different dates may be
appointed for different local authorities. A-Preparation of
present land use map and Register 2-AA. State Govt. to direct local authority to prepare
present land use map & present land use Register. The
State Government may by order, direct a local authority to prepare a present
land use map and present land use Register in respect of lands situate in the
local area and in the vicinity thereof as may be specified in the direction. 2-B. Preparation of present land use map and present land
use Register. (1)
On-receipt of the direction under
Section 2 AA the local authority shall not later than six months from the
receipt of such direction or such further period not exceeding 12 months in the
aggregate as the State Government may from time to time extend, prepare a
present land use register indicating the present use of every piece of land in
the area specified in the direction under Section 2-AA in such form and
containing such particulars as may be prescribed and shall publish a public
notice of the preparation of the map and the register and of the place or
places where the copies may be inspected, inviting objections or suggestions in
writing from any person with respect to the Map and the Register within 30 days
of publication of such notice. (2)
After the expiry of the period
mentioned in sub-section (1) the local Authority may, after allowing a
reasonable opportunity of being heard to all such persons who have filed the
objections or suggestions, by resolution Make such modifications in the Map or
the Register as may be considered desirable. (3)
As soon as may be after the adoption
of the Map and the Register, the Local Authority shall publish a public notice
of the adoption of the Map and the Register and the place or places where the
copies of the same may be inspected and shall submit copies of the map and the
Register to the State Government. (4)
A copy of such public notice shall
also be published in the Gazette. The publication of the copy of the public
notice in the Gazette in respect of the Map and the Register shall be
conclusive evidence that the Map and the Register have been duly prepared and
adopted. B.-Development Plan 2-C. Preparation of Development Plan and the matter to be
provided therein. (1)
The State Government may, by order,
direct a local Authority to prepare and submit to the State Government a
Development Plan within such time in respect of the local area or any part
thereof and such other area or areas contiguous or adjacent thereto as may be
specified in such order: Provided
that the State Government may on a request being made by the local authority
extend from time to time the period specified in the order by a further period
not exceeding two years in the aggregate. (2)
The Development Plan shall- (a)
indicate the manner in which the local
authority of proposes that the land in local area should be reduced; (b)
Indicate, "define and provide
for- (i)
areas reserved for agriculture, public
and semipublic open spaces, Parks, Playgrounds, gardens, and other recreational
uses, green belts and nature reserves; (ii)
areas or zones for residential,
commercial, industrial, agricultural and other purposes. (iii)
complete road and street pattern and
traffic circulation pattern for present and future requirements, Bus stations,
Car parking areas; (iv)
major roads and street improvement: (v)
areas reserved for public buildings
and institutions and areas for new civic development; (vi)
area for future development and
expansion, and areas, for new housing; (vii)
Reservation of land for amenities,
services and utilities; (viii)
such other matters as may be
prescribed; (c)
include zoning regulations to regulate
within such zones, the location, height, number of storeys, and size of yards,
courts, and other open spaces of building and structure and the use of building
structures and land; and (d)
indicate the stages by which the plan
is proposed to be carried out; and
may if the local authority considers it desirable so to do indicate, define and
provide for- (i)
all such matters as the Local
Authority may consider expedient to be indicated, defined and provided for in
the Development Plan; (ii)
detailed development of specific areas
for housing, shopping centres, industrial areas and civic centres, educational
and cultural institutions (iii)
proposals for main supply, drainage,
sewerage, sewage disposal, other public utilities and amenities; (iv)
proposals of flood control and
prevention of river pollutions; (v)
preservation, conservation and
development of areas of natural survey and landscape; (vi)
preservation of features, structures
or places of historical, natural, architectural and scientific interest and
educational value. (vii)
control of architectural features
elevation and frontage of buildings and structures. (3)
Subject to the provisions of
sub-section (2) and the Rules made under this Act, the Development Plan shall
include such maps and such descriptive matters as may be necessary to explain
and illustrate the proposals provided therein 2-D. Interim Development Plan (1)
If in the opinion of the State
Government, it is necessary to do so, the State Government may, direct a local
authority to prepare and submit to it, within a period of not later than six
months from the receipt of such direction by the local authority and such
further period not exceeding three months in the aggregate as may be extended
from time to time by the State Government, an Interim Development Plan pending
preparation of a development plan under Section 2C containing such of the
matters of the Development Plan as may be specified in such direction. (2)
The provisions of Section 2-C shall so
far as may be, apply to an Interim Development Plan as they apply to
development plan. 2-E. Power of State Government in case local authority
makes default. (1)
If a local, authority to whom a
direction is issued under Section 2-C or 2-D fails to comply with the same
within the period specified in the direction; or within such further time as
the State Government may from time to time extend the State Government may
direct the Chief Town Planner to prepare the present land use map and present
land use Register or the development plan, as the case may be, and the expenses
incurred in preparing such Map and Register or the Development Plan, shall be
paid by the Local Authority concerned. (2)
For the purposes of sub-section (1),
the Chief Town Planner shall exercise the powers conferred on a local authority
under Chapter I-B in accordance with the procedure laid down therein. CHAPTER I-B Procedure for Approval and Preparation of Development Plan 2-F. Consent of the Government to the publication of notice
of* preparation of Development Plan. (1)
As soon as may be, after the
development plan has been submitted to the State Government, for approval under
Section 2-C, 2-D, or 2-E, as the case may be, the State Government may, in
consultation with the Chief Town Planner direct the Local Authority to make
such modifications in the Development Plan as the State Government thinks fit
and thereupon the Local Authority shall make the modifications. (2)
The State Government shall, after the
modifications, if any, directed by it have been made, give its consent to the
publication of a public notice under sub-section (1) of Section 2-G of the
preparation of the Development Plan to the Local Authority. 2-G. Public Notice of the preparation of the Development
Plan. (1)
As soon as may be, after the Local
Authority has received the consent of the State Government to the publication
of notice under sub-section (2)of the Section 2-F the Local Authority shall
publish a public notice in the Gazette and in one or more local news papers
having wide circulation in the local area of the preparation of Development
Plan and the place or places where the copies of the same may be inspected
inviting objections or suggestions in writing from any person with respect to
the Development Plan within such period as may be specified in the notice: Provided
that such period shall not be less than two months from the date, the notice is
published in the Gazette. (2)
After the expiry of the period
mentioned in sub-section (1), the Local Authority shall appoint a Committee
consisting of the Municipal Commissioner or the Chief Municipal Officer as the
case may be, an officer of the Town, Planning Department+ not below the rank of
Assistant Town Planning Officer and an officer of the Revenue Department not
below the rank of Deputy Collector nominated by the Collector and not more than
two of its Councilors; to consider the objections or suggestions filed under:
sub-section (1) and report on them within such time as the Local Authority may
fix in this behalf. (3)
The Committee so appointed shall have
power to co-opt any other person, whose assistance or ad-vice his necessary in
carrying out any of the provision of this Act. (4)
The Committee shall allow a reasonable
opportune of being heard to the person or persons who have filed any objections
or suggestions and who have made request for being so heard. (5)
As soon as may be, after the receipt
of the report from the Committee, but not later than such time as may be
prescribed the Local Authority shall consider the report, of the Committee and
may modify the plan and submit the same together with the report of the
Committee to the State Government. 2-H. Approval by State Government. As
soon as may be, after the submission of the development plan, but not later
than such time as may be prescribed the State Government may, either approve
the development plan or may approve it with such modifications, as it may
consider necessary, or may return the development plan to the Local Authority,
to modify the same or to prepare a fresh plan in accordance with such
directions as the State Government may deem appropriate. 2-I. Coming into operation of Development Plan. (1)
Immediately after the development Plan
has been approved by the States Government, the Local Authority shall publish a
public notice in Gazette and in the, News Paper having wide circulation in the
local area of the approval of the development-plan and the place or places
where copies of the approved development plan may be inspected. (2)
From the date of publication of the
aforesaid notice in the Gazette the development plan shall come into operation. (3)
On the coming into operation of the
Development Plan, the Interim Development Plan if any, prepared under Section
2C, shall cease to be in force. 2-J. Minor modification of final Development Plans (1)
Where a modification of any part of,
or any proposal made in, a Final Development Plan is of such a nature that it
will not change the character of such Development Plan, the Local Authority
may, or when so directed by the State Government shall publish a notice in the
Gazette inviting objections and suggestions from any person with respect to the
proposed modification and after giving a hearing to any such persons, submit
the proposed modification (with amendment, if any) to the State Government for
sanction. (2)
The State Government may, after making
such inquiry as it may consider necessary and after consulting the Chief Town
Planner, by notification, sanction the modification submitted to it with or
without such changes and subject to such conditions as it may deem fit, to
impose or refuse to accord sanction. If a modification is sanctioned, the
Development Plan shall be deemed to have been modified accordingly. 2-K. Revision of Development Plan. (1)
The local authority may, at any time
after the dare on which the Development Plan for a local area comes into
operation and shall at least once during a period of not less than five years
and not exceeding ten years, revise the Development Plan in operation, after
carrying out fresh surveys as may be considered necessary, or as may be
directed by the State Government and after consultation with the local
authorities concerned, if any, submit the same to the Government for making
suitable alteration or addition in the Development Plan in operation. (2)
The provision of sections 2-G, 2-H and
2-I shall, with such modification as may be necessary, apply to such a
development plan. 2-L. Variation of Town Planning Scheme by Development Plan Where
a Development Plan contains proposals which are at variation or in
modification, of those made in Town Planning Schemes or Improvement Schemes of
an Improvement Trust which has been sanctioned by the State Government before
the coming into operation of such plan, the Local Authority or the Improvement
Trust, as the case may be, shall modify such schemes suitably to bring them in
accord with the proposals made in the Development Plan 2-M. Suspension of Plan in emergency by the State
Government If
the State Government is satisfied that a grave emergency exist which
necessitates the suspension of any Development Plan or any part thereof, it
may, by notification, suspend any Development Plan 01 any part thereof for such
period as may be specified in the notification. CHAPTER I-C Control of Development and use of Land 3-N. Use and Development of Land to be inconformity with
Development Plan, After
the coming into operation of any Development Plan in any local area no person
shall use or permit to be used any land or carry out any Development in the
area otherwise than in conformity with such development plan: Provided
that the Local Authority may allow the continuance, for a period not exceeding
10 years, of the use upon such terms and conditions as may be prescribed; of
any land for the purpose and to the extent, for and to which it is being used
on the date on which such Development Plan came into operation. 2-O. Prohibition of Development with out permission. (1)
After application of the provisions of
Chapters I-A, I-B and I-C to any local authority no development or change of
use of any land shall be undertaken or carried out in that area without
obtaining permission in writing as provided for hereinafter: provided
that no such permission shall be necessary- (i)
for carrying out works for the
maintenance, improvement or other alteration of any building being works which
affect only the interior of the building or which do not materially affect the
external appearance of the building; (ii)
for carrying out by the Central or the
State Government or any local authority of any works required for the
maintenance or, improvement of a highway, road or public street, being works
carried out on land within the boundaries of such highway, road or public
street; (iii)
for carrying out by the Central or the
State Government or any Local Authority of any works for the purpose of
inspecting, repairing or renewing any drains, sewers, main pipes, cables or
other apparatus including the breaking open of any street or other land for
that purpose; (iv)
for the excavations (including wells)
made in the ordinary course of agricultural operations; (v)
for the construction of unmetalled
road intended to give assess to land solely for agricultural purposes; (vi)
for normal use of land which has been
used temporarily for other purposes; (vii)
in case of land normally used for one
purpose and occasionally used for any other purpose, for the use of land for
that other purpose on occasions; (viii)
for use, for any purpose incidental to
the use of a building for human habitation, or any other building or land
attached to such building. (2)
Any person or body other than a
Department of Central or State Government intending to carry out any
development of any land shall make an application in writing to the local
authority for permission in such form and containing such particulars and accompanied
by such documents and plans as may be prescribed. (3)
Where the Department of Central or
State Government intends to carry out development of any land, the concerned
Department shall notify in writing to the Local Authority of its intention
giving full particulars thereof and accompanied by such documents and plans as
may be prescribed at least one month prior to the undertaking of such
development; and if Local Authority raises any objection in respect of
conformity of the proposed development either to any development plan under
preparation, or any of building byelaws in force for the time being or due to
any other material consideration, under sub-section (5), the department shall- (i)
either make necessary modifications in
the proposals for development to meet the objections raised by the Local
Authority; or (ii)
submit the proposal for development
together with the objections raised by the Local Authority to the State
Government for decision. (4)
The State Government on receipt of the
proposals for development together with the objections of the Local Authority
shall in consultation with the Chief Town Planner either approve the proposals
with or without modifications or direct the concerned department to make such
modifications in the proposals as they consider necessary in the circumstances. (5)
On an application having been duly
made under sub-section (2)- (a)
the local authority may pass an
order,- (i)
granting permission unconditionally,
or (ii)
granting permission subject to such
conditions as it may think fit; or (iii)
refusing permission: (b)
without prejudice to the generality of
the fore going clause, the local Authority may impose conditions- (i)
to the effect that the permission
granted is only for a limited period and after the expiry of that period, the
land shall be restored, to its previous condition or the use of the land
permitted shall be discontinued; (ii)
for regulating the development or use
of any other land under the control of the applicant or for the carrying out of
the works on any such land as may appear to the Local Authority expedient for
the purposes of the permitted development (c)
The Local Authority in dealing with
the applications for permission shall have regard to- (i)
the provisions of the development
plan, if it has come into operation; (ii)
the proposal or provisions which it
thinks are likely to be made in any Development Plan under preparation, or to
be prepared; and (iii)
any other material consideration. (6)
When permission is granted subject to
conditions or is refused the grounds of imposing such conditions or of such
refusal shall be recorded in the order. (7)
Any such order shall be communicated
to the applicant in the manner prescribed. (8)
The Local Authority may, by a
resolution, delegate any of its functions and powers under this section to- (a)
any officer of the State Government
with the previous approval of the State Government for such delegation; or (b)
such officer of the Local Authority in
such cases and subject to such conditions, if any, as may be specified therein. 2-P. Appeal against grant of permission subject to
condition or refusal of permission. (1)
Any person- (i)
aggrieved by an order passed under
section 2-0; or (ii)
who made an application under
sub-section (2) of section 2-0 but who has not received any order within a
period of three months from the date of submission of the application. may,
in such manner and accompanied by such fee as may be prescribed, and within a
period of one month from the communication of the order to him or on the expiry
of the period of three months, as the case may be, appeal to the Collector or
an Officer of the Town Planning Department not below the lank of a District
Town Planning Officer duly empowered by the State Government in this behalf. (2)
On receipt of an appeal under
sub-section (1) the Collector or the officer so appointed, may after giving a
reasonable opportunity to the appellant and the Local Authority of being heard
and after making such enquiry as may be deemed necessary pass an order- (i)
dismissing the appeal or (ii)
granting permission unconditionally;
or (iii)
granting permission subject to such
conditions as he may think fit, or (iv)
removing the conditions subject to
which permission has been granted and imposing other conditions, if any, as he
may think fit. 2-Q. Lapse of Permission. Every
permission for any development granted under section 2-O shall cease to be
effective on expiry of a period of three years from the date of communication
of the order granting such permission: Provided
that the Local Authority may, on application being made in this behalf before
the expiry of the aforesaid period, extend such period for such time as it may
think proper, but such extended period shall in no case exceed three years: Provided
further that such lapse shall not bar any subsequent application for fresh
permission under this Act. 2-R. Power of revocation or modification of permission to
Develop (1)
If it appears to a local authority
that it is expedient, having regard to the development plan prepared, under
preparation or to be prepared and to any other material considerations, that
any permission to develop land granted under this Act or any other law should
be revoked or modified, the Local Authority may, by an order, revoke or modify
the permission to such extent as appears to it to be necessary: Provided
that- (a)
Where the permission relates to the
carrying out of building or other operations, no such order- (i)
shall affect such of the operations,
as have been previously carried out; (ii)
shall be passed after these operations
have been completed. (b)
where permission relates to a change
of use of land no such order shall be passed at any time after the change has
taken place. (2)
When permission is revoked or modified
by an order made under the last foregoing section and if the owner claims from
the Local Authority within the time and in the manner prescribed, compensation
for the expenditure incurred in carrying out the works after the grant of
permission and in accordance with such permission, which has been rendered
abortive by the revocation or modification, the Local Authority shall after
giving the owner a reasonable opportunity of being heard, assess and offer such
compensation to the owner as it thinks fit. (3)
If the owner does not accept the
compensation and gives notice, within such time as may be prescribed, of his
refusal to accept, the Local Authority shall refer the matter for the
adjudication of the District Court and decision of the Court shall be final and
be binding on the owner and the Local Authority. 2-S. Penalty for unauthorised Development or for use
otherwise than in conformity with Development Plan. (1)
Any person who whether at his own
instance or at the instance of any other person or any body commences,
undertakes or carries out development, or changes any use of any land,- (a)
in contravention of any Development
Plan; (b)
without permission as required under
this Act; (c)
in contravention of any condition
subject to which such permission has been granted; (d)
after the permission for development
has been revoked under section 2-R; or (e)
in contravention of the permission
which has been modified under section 2-R. shall
be punishable with a fine which may extend to Ten Thousand Rupees, and in the
case of continuing offence with a further fine which may extend to Five Hundred
Rupees for every day during which the offence continues after conviction for
the first commission of the offence. (2)
Any person who continues to use or to
allow the use of any land or building in contravention of the provisions of a
development plan without having been allowed under section 2-0 or where the
continuance of such use has been allowed under that section, continues such use
after the period for which the use has been allowed or without complying with
the terms and conditions under which the continuance of such use is allowed,
shall be punishable with fine which may extend to five thousand rupees and in
case of continuing offence with a further fine which may extend to two hundred
and fifty rupees for every day during which such offence continues after
conviction for the first commission of the offence. 2-T. Power to stop unauthorised Development. (1)
Where any development of land as
described in section 2-R, is being carried out but has not been completed, the
Local Authority may serve on the owner and person carrying out the development
a notice requiring the development of land to be discontinued from the time of
the service of such notice. (2)
Any person, who continues to carry-out
the development of land whether for himself or on behalf of the owner or any
other person after such notice has been served shall be punishable with fine,
which may extend to ten thousand rupees, and when the noncompliance is a
continuing one with a further fine which may extend to five hundred rupees for
every day after the date of the service of the notice during which the
noncompliance has continued or continues. (3)
If such notice is not complied with
forthwith the Local Authority or such officer of the Local Authority, who may
be authorised in this behalf, may require any police officer to remove such
person and all assistants and workmen from the land at any time after service
of such notice and such police officer shall comply with the requisition
accordingly. (4)
After the requisition under
sub-section (3) has been complied with the Local Authority or such officer of
the Local Authority who may be authorised in this behalf, may, if he thinks
fit, depute by a written order, a police officer or any officer or employee of
the Local Authority to watch the land in order to ensure that the development
is not continued- (5)
Where a Police Officer or art Officer
or employee of the Local Authority has been deputed under sub-section (4) to
watch the land, the cost of such deputation shall be paid by the person at
whose instance such development is being continued or to whom notice under
sub-section (1) was given and shall be recoverable from such person as an
arrear of land revenue. 2-U. Power to require removal of unauthorised development
or use. (1)
If it appeals to a Local Authority
that it is expedient in the interest of the proper Planning of its areas
(including the interest of amenities) having regard to the development plan
prepared, or under preparation or to be prepared and to any other material
consideration- (a)
that any use of land should be
discontinued, (b)
that any conditions should be imposed
on the continuance thereof, or (c)
that any building or works should be
altered or removed, the local authority may by notice served on the owner- (i)
require the discontinuance of that
use, or (ii)
impose such conditions, as may be
specified in the notice on the continuance thereof, or (iii)
require such steps, as may be
specified in the notice to be taken for the alteration or removal of any building
or works, as the case may be within such period being not less than one month,
as may be specified therein after the service of the notice. (2)
Any person aggrieved by such notice,
may within the said period and in the manner prescribed, appeal to the authority
which may be specified by the Government. (3)
On receipt of an appeal under
sub-section (2), the State Government or any other person appointed by it in
this behalf may after giving a reasonable opportunity of being heard to the
appellant and the local authority, dismiss the appeal or allow the appeal by
quashing or varying the notice as it may think fit. (4)
If any person- (i)
who has suffered damage in consequence
of the compliance with the notice, by the depreciation in any interest in the
land to which he is entitled or by being disturbed in his enjoyment of the
land, or (ii)
who has carried out any works in
compliance with the notice, claims from the Local authority, within the time
and in the manner prescribed, compensation in respect of the damage, or expenses
reasonably incurred by him, for complying with the notice, the provisions of
subsections (2) and (3) of section 2-R shall apply with such modifications as
may be necessary. 2-V. Recovery of expenses incurred, Any
expenses incurred by a Local Authority under section 2-S and 2-T shall be a sum
due to the Local Authority under this Act, from the person in default or the
owner of the plot 2-W. Interim Provision pending preparation of Development
Plan. Notwithstanding
anything contained in any law for the time being in force, a local authority,
with a view to securing proper planning of the area comprised within its limits
shall in exercising the powers and discharging the functions conferred or
imposed on it by or under the enactment where-under it is constituted have due
regard to the matters which may be provided in the Development Plan under this
Act." Before
section-B of the Principal Act, the following reading shall be inserted,
namely:- "CHAPTER I.D. TOWN PLANNING SCHEME" In
Section 3 of the Principal Act, the following words shall be inserted at the
commencement of the opening sentence, namely;- "Subject
to the provisions of a Development Plan". In
sub-section (2) of section 63 of the Principal Act clause (a) shall be
renumbered as clause (aa) and before clause (aa) as so renumbered, the
following clause shall be inserted, namely "(a) all matters which are to be or may be prescribed". For
sub-section (2) of Section 2 of the Madhya Pradesh Town Improvement Trust Act,
1960 (14 of 1961), the following sub-section shall be substituted, namely:- "(a) With effect from the date on which this Act comes
into force in any town under clause (ii) of sub-section (3) of Section 1, the
Madhya Pradesh Town Planning Act, 1948 (LXVII of 1948) shall except Chapters
1-A, 1-B and 1-C thereof cease to apply to such town". The
Madhya Pradesh Town Planning (Amendment) Ordinance, 1968 (No. 14 of 1968) is
hereby repeated.THE
MADHYA PRADESH TOWN PLANNING (AMENDMENT) ACT, 1968
PREAMBLE