[NEW OKHLA INDUSTRIAL DEVELOPMENT AREA
(PREPARATION AND FINALISATION OF PLAN) REGULATIONS, 1991][1] In exercise of the
powers under Section 19 read with Section 6 of the Uttar Pradesh Industrial
Area Development Act, 1976 (U. P. Act No. 6 of 1976), the New Okhla Industrial
Development Authority hereby makes the following Regulations for the purpose of
proper planning and development of the New Okhla Industrial Development Area : CHAPTER I PRELIMINARY (1)
These
Regulations may be called the New Okhla Industrial Development Area
(Preparation and Finalisation of Plan) Regulations, 1991. (2)
They
shall extend to the Industrial Development Area as defined under Section 2 (d)
of the Act. (3)
They
shall come into force with effect from the date of publication in the Official
Gazette. (1)
In
these Regulations, unless the context otherwise requires (a)
"Act"
means the Uttar Pradesh Industrial Area Development Act, 1976; (b)
"Agricultural
Use" means the use of any land or part thereof for farming, horticulture,
piggery, fishery, poultry farming, sericulture and all legitimate uses
incidental thereto; (c)
"Authority"
means the New Okhla Industrial Development Authority constituted under Section
3 of The Uttar Pradesh Industrial Area Development Act, 1976; (d)
"Commercial
Use" means the use of any land or building or part thereof for carrying on
any trade, business or profession, sale of goods of any type, whatsoever and
includes private hospitals, nursing homes, hostels, hotels, restaurants,
boarding houses not attached to any educational institution, consultant offices
in any field, cottage and service industries; (e)
"Industrial
Use" means the use of any land or building or part thereof mainly for
location of industries and other uses incidental to industrial use such as
offices, eatable establishment etc.; (f)
"Institutional
Use" means the use of any land/building or part thereof for carrying on
activities like testing, research, demonstration etc., for the betterment of
the society and it includes educational institutions; (g)
"Land
Use" means the use of any land or part thereof in the industrial
development area for industrial, residential, institutional, commercial,
public, water bodies organised recreational open spaces, streets,
transportation, public and semi-public buildings, agriculture and other like
purposes; (h)
"Organised
recreational open space" means any land with or without structure left
open or laid out and developed as public recreational space in the form of tot
lot gardens, sector or neighbourhood parks, amusement parks, woodland,
playgrounds, public assembly, botanical and zoological gardens being used for
public recreational purposes; (i)
"Plan"
means the plan prepared by the Authority for the development of Industrial
Development Area under sub-section (2) of Section 6 of the Act, and it includes
Sector Plan; (j)
"Public
Use" means the use of any land or building or part thereof for public
benefit whether the entry and use is regulated by any charge or not and land
appurtenant to such buildings and for such other uses incidental to a public
use; (k)
"Residential
Use" means the use of any land or building or part thereof for human
habitation and such other uses incidental to residential uses; (l)
"Sector"
means anyone of the divisions in which the industrial development area or part
thereof may be divided for the purpose of development under the Act; (m)
"Traffic
and Transportation use" means use of any land or building or part thereof
for the purposes of transportation of human beings, goods services and such
other uses incidental to transportation uses; (n)
"Water
Bodies" means any land for the carriage and storage of water on ground
level. CHAPTER II PLAN (1)
The
Authority shall as soon as possible carry out town planning and civic survey
and prepare Draft Plan for the industrial development area. (2)
The
Draft Plan shall (a)
define
the various sectors into which the area falling within the proposed urbanisable
limit is to be divided; (b)
allocate
the area of land for land use; (c)
indicate,
define and provide for (i)
the
existing and proposed National Highways arterial and primary and secondary
roads ; (ii)
the
existing and proposed other lines of transportation and communication including
railways and airport. (3)
The
Draft Plan may indicate, define and provide for, (a)
the
existing and proposed public buildings; and (b)
all
or any of the matters specified in Regulation 4. (4)
The
Draft Plan shall consist of such maps, diagrams, charts, reports and other
written matter of any explanatory or descriptive nature as pertain to the
development of the whole or any part of Industrial Development Area. (5)
Written
matter forming part of Draft Plan shall include such summary of the main
proposals and such descriptive matter as the Authority may consider necessary
to illustrate or explain the proposals indicated by maps, charts, diagrams and
other documents. (6)
A
Plan of land use shall also form a part of the Draft Plan proposing most
desirable utilisation of land for purposes mentioned in clause (b) or
sub-regulation (3). (1)
The
Plan may include : (a)
Sector
plans showing various sectors into which the industrial development area or
part therof may be divided for the purpose of development. (b)
The
plan will show the various existing and proposed land uses indicating the most
desirable utilisation of land for (i)
industrial
use by allocating the area of land for various scales or types of industries or
both; (ii)
residential
use by allocating the area of land for housing for different and defined
densities and plotted development for different categories of households; (iii)
commercial
use by allocating the area of land for wholesale or retail markets, specialised
markets, town level shops, showrooms and commercial offices and such other
allied commercial activities; (iv)
public
use by allocating the area of land for Government offices, hospitals, telephone
exchanges, police lines, general post office, telegraph office, educational
institutions, testing, research and demonstration institutions, oxidation pond
and sewage farm, sanitary land fill area and other major establishments; (v)
organised
recreational open spaces by allocating the area of land for regional and city
park, exhibition ground, sports village, stadium, swimming pool etc.; (vi)
agricultural
use by allocating the area of land for farming, horticulture, sericulture,
piggery, fishery and poultry farming; (vii)
such
other purposes as the Authority may deem fit in the course of proper
development of the industrial development area; (c)
Traffic
and transportation plan consisting of proposals for road, railway and air
transportation system. (d)
Infra-structural
plan showing proposal for land/building for provision of water, electricity,
drainage and disposal of sewage and refuse and also indicating proposals for
organised recreational open spaces, civic and cultural centres and
land/building for education, medical and such other infra-structural facilities. (e)
Housing
Plan consisting of estimates of housing requirement and proposals regarding
standard type of new housing units. (f)
Ecological
Plan proposing effective regulatory and planning measures to maintain the
desired urban ecological system. (g)
Landscape
plan giving the basic conceptual landscape for entire township and basic ideas
of roadside plantation, treatment of parks, open spaces and area of active and
passive recreation. (h)
Systematic
regulation of each land use area, allocation of heights, number of storeys,
size and number of buildings, size of yards and other open spaces and the use
of land and buildings. (i)
Such
maps, diagrams, charts, reports and other written matter of any explanatory or
descriptive nature as pertain to the development of the whole or any part of
the Industrial Area. (j)
Written
matter consisting of summary of land main proposals and such descriptive matter
as the Authority may consider necessary to illustrate or explain the proposals
indicated by maps, charts, diagrams and other documents; (2)
The
Plan may also provide for any other matter which is deemed necessary for the
proper development of the Industiral Development Area. (3)
In
case of any conflict or inconsistency between the number of proposals shown on
one map and those shown on any other map in respect of any land to which the
Plan relates, the map which is of a larger scale, shall prevail and in case of
any such conflict or inconsistency between any map and the written matter the
latter, shall prevail. CHAPTER III PROCEDURE FOR
FINALIZATION OF PLAN (1)
Authority
shall, as early as may be, after the Draft Plan has been prepared publish a
public notice stating that (a)
the
Draft Plan has been prepared and may be inspected by any person at such time
and place as may be specified in the notice; (b)
objections
and suggestions, if any, in respect of the Draft Plan shall be sent in writing
by any person to the Chief Executive Officer of the Authority before such date
not being earlier than 30 days from the date of publication of the notice and
in such manner as may be specified in the notice. (2)
This
notice may be issued in Form 'A' appended to these regulations. Every public notice mentioned in Regulation 5
hereinunder shall be in writing under the signature of the Chief Executive
Officer and shall be widely published in the locality to be affected thereby
affixing copies thereof at conspicuous public places within the said locality,
or by publishing the same by beat of drums or by advertisements in a newspaper
having circulation in the locality. This publication shall be by two or more of
these means, which the Chief Executive Officer of the Authority may think fit. (a)
After
the expiry of the period specified in the notice for making objections and
suggestions, the same will be placed before a Committee to consider the
objections and suggestions. The Committee shall be constituted by the Chief
Executive Officer and shall consist of three members, one of whom shall be Town
Planner. The Committee shall fix date(s) for disposal of objections(s) received
and shall serve notice on the affected person(s)/body who has filed objection
(s) and may allow a personal hearing to the affected person(s)/body in
connection with his/their objection(s), after intimating the time, date and
place of hearing. Explanation. The identification of affected
person(s)/body shall be done by the Committee and its decision in this regard
shall be final and conclusive. (b)
The
Committee shall after conclusion of the hearing submit its
report/recommendation to the Chief Executive Officer of the Authority. (a)
The
recommendations of the Committee shall be submitted to the Chief Executive
Officer for consideration thereof. (b)
If
the Chief Executive Officer is of the view that some matter has not been
considered by the Committee, the recommendation may be referred back by him to
the Committee for consideration of the same. (c)
The
Chief Executive Officer shall submit his report along with the recommendations
of the Committee to the Authority. (a)
The
Authority may, after considering the report of the Chief Executive Officer and
any other matter, issue directions for variations, modifications or amendments
of the Draft Plan. (b)
The
Authority shall approve the plan with such variations, modifications or
amendments as are deemed to be necessary by the Authority. (c)
The
Plan approved under clause (b) shall be effective for a period specified by the
Authority but such period shall not be less than 5 years. Immediately after a Plan has been approved by
the Authority, a public notice shall be published under the signature of the
Chief Executive Officer in the manner provided in Regulation 5 stating therein
that a Plan has been approved and naming a place where a copy of the plan may
be inspected at all reasonable hours and upon the date of first publication of
the aforesaid notice, the Plan shall come into operation. (1)
The
Authority may make such amendments in the Plan which do not effect important
alteration in the character of the Plan and which do not relate to the extent
of land use or standards of population density. (2)
Before
making any amendment in the Plan under sub-section (1), the Authority shall
publish a notice in at least one newspaper having circulation in the
development area inviting objections and suggestions from any affected person
with regard to the proposed amendment before such date as may be specified in
the notice and shall consider all objections that may be received. (3)
Every
amendment made under this Regulation shall be published in any of the manner
specified in Regulation 5 and the amendment shall come into operation either on
the date of the first publication or on such other date as the Authority may
fix. (4)
The
Authority shall not make, during the specified period in which the Plan is to
remain effective, such amendment(s) in the Plan which affects the important
alteration in the character of the Plan and which relates to the extent of the
land use or standards of population density. [1]
Vide Notification No. Bha. U./18-1144-(N)-85, dated 12th April, 1991, published
in the U. P. Gazette, Part 8, dated 8th June, 1991. NEW OKHLA INDUSTRIAL DEVELOPMENT
AREA (PREPARATION AND FINALISATION OF PLAN) REGULATIONS, 1991
PREAMBLE