Procedure for approval of Change of Land Use

advertisement
PROCEDURE FOR THE CHANGE OF LAND USE IN THE SANCTIONED
GENERAL TOWN PLANNING SCHEME (MASTER PLAN) AND AREAS WHICH
ARE COVERED BY SANCTIONED GTP SCHEME PROPOSALS (MASTER PLAN)
AND FALLS OUTSIDE THE HMDA/UDA/ULB LIMITS
1.
INTRODUCTION:
A Master plan or a Development plan or G.T.P scheme may be defined as a
general plan for the future layout of a city showing both, the existing and
proposed streets or roads, open spaces, public buildings, land uses such as
residential, commercial areas etc.
2.
STATUTORY PROVISIONS:
(i)
Preparation of G.T.P Scheme
The GTP Scheme is a statutory document which is prepared duly
following the provisions and procedures of APTP Act 1920 and rules
made there under.
(ii)
Section - 4(1)
A Detailed Town Planning Scheme may provide for all Land uses or
part of Land use.
(iii)
Section - 9(1)
Declaration of intention to make or adopt GTP/DTP scheme by the
Municipal Council by a resolution and shall be published by
notification in the prescribed manner.
(iv)
Section - 10
Resolution to make or adopt GTP/DTP schemes
(v)
Section - 11
(a) A copy of every draft scheme with all its enclosures and the
maps prepared in connection therewith shall be sent by the
Executive Authority of the Municipality, to the Director
(b) The same shall be publish under section 11 on the notice
board of the municipal office by a notification which shall be
called Notification No.2 and shall be in Form No. 12
(vi)
Section - 12
(a) Any notification of the Government under Section 12, published in
the Official Gazette, shall be republished by notice in Form No.16
(i) On the notice board of the office of the municipal council;
Procedure for the Approval of Change of Land Use
(ii) On the notice board of the office of every local authority within
whose limits any portion of the area included in the scheme is
situated; and
(iii) In one or more newspapers circulating in the district in which
such area is situated.
(b) The rules contained in Part II, except rules 32 to 34, shall as far as
may be, apply to schemes required to be prepared under section
12.
(vii)
Section - 13
(a) A Notice in Form No. 13 shall also be published.
(i) On the notice board of the office of every local authority within
a whole limits any portion of the area proposed to be included
in the scheme is situated.
(ii) In the District Gazette concerned in case the whole or any
portion of such area is situated in any district; and
(iii) In one or more newspapers circulating in the districts in which
II such area is situated.
A copy of such notice shall also be pasted up in one or more
conspicuous places in or near such area.
(viii)
Section – 15
The Govt. is Competent to make any variation or revocation of
Scheme (G.T.P. Scheme) as per the provisions under Section 15 of
APTP Act 1920 which reads as follows:
15(1) A Town Planning Scheme sanctioned under section 14 may at
any time be varied or revoked by subsequent scheme published and
sanctioned in accordance with this Act.
Provided that the municipal council shall be competent to modify a
scheme after it has been sanctioned by the State Government under
section 14 by an agreement entered into with the persons interested in
the scheme and with the concurrence of the State Government.
(2)(a) The State Government may, at any time, by notification in the
Official Gazette vary or revoke a scheme sanctioned under section 14.
Procedure for the Approval of Change of Land Use
(b) Before issuing such notification the State Government shall publish
in the prescribed manner a draft of such notification together with a
notice specifying a date on or after which such draft will be taken into
consideration and shall consider any objection or suggestion which
may be received in respect of such draft from the council or any
person affected by the scheme before the date so specified.
3. PROCEEDURE AND PROCESS OF THE CHANGE OF LAND USE
APPLICATION
(i) Applicant who desires for Change of Land use shall apply to the Local
Body in the prescribed Application Form which is enclosed to this. The
details of the information and documents to be submitted along with the
application is given in the Application Form.
(ii) The M.C. shall place the Application along with Technical Remarks in the
prescribed format (Part – II) as given below, before the Municipal Council
as per section 15(1) of APTP Act for its acceptance for the proposed
change of land use in the Master Plan.
(iii) The proposal shall be forwarded (under section 15(2)(a) to the
Government through the Director of Town and Country Planning along
with Council Resolution and technical remarks of the Town Planning Staff
(Part – II of the Change of Land use Application and Scrutiny Form).
(iv) After thorough verification of the proposal the Director of Town and
Country Planning shall forward the same to the Government, with his
specific technical opinion along with required particulars (Part – III of the
Change of Land use Application and Scrutiny Form).
(v) Basing on the report of the Local Body and recommendations of the
Director of Town and Country Planning, Govt. if agrees for change of land
use in principle, a Memo will be issued requesting the Director of Town
and Country Planning for submission of draft variation plan and schedule
of boundaries and direct the Municipal Commissioner of the Local Body to
collect development charges as per G.O.Ms.No.158 M.A., dated: 22-031996.
(vi) The Director of Town and Country Planning will prepare the Revised Part
Proposed Land Use Map variation plan (a file copy for understanding is
given below) and forward the same to the Govt. along with the draft
notification, schedule of boundaries (a file copy for understanding is given
Procedure for the Approval of Change of Land Use
below) and details of Development Charges paid (duly obtaining from the
Municipal Commissioner) requesting the Government to issue notification.
(vii) Basing on the information furnished by the Director of Town and Country
Planning, a notification (a file copy for understanding is given below) will
be published in the State gazette, for calling objections and suggestions
specifying a date (15 days from the date notification) on or after which
such draft will be taken into consideration and shall consider any objection
or suggestion received in respect of such draft from the council or any
person affected by the scheme before the date so specified under subsection (2) of section 15 of APTP Act 1920. Objections and suggestions
shall be addressed to Principle Secretary, MA&UD Dept., Secretariat,
Hyderabad.
(viii)
If no objection are received within stipulated time Government will
issue Confirmation Orders (Final Notification) to the said change of land
use and the same will be published in the official Gazette, under section
15 (1) of APTP Act 1920.
(ix) The Confirmation Orders will be communicated to the ULB/DT&CP for
onward intimation to the applicant.
Procedure for the Approval of Change of Land Use
FLOW CHART FOR THE APPROVAL OF CHANGE OF LAND
USE
APPLICANT
APPLICATION
MUNICIPAL COMMISIONER
MUNICIPAL COUNCIL FOR C.R.
Attested copies of
 Ownership Document and link
document
 Site Plan, Topo Plan, FMB
Sketch
 EC, Extract of M.P./ Base Map
Town Planning Section of Technical
Remarks
Municipal Council for Council
Resolution for acceptance and
Pass resolutions with 30 days
DT&CP
With specific Technical Opinion
along with required particulars
GOVERNMENT
GOVT. MEMO (AGREED
IN PRINCIPLE)
DT&CP



DRAFT
DETAILS OF D.C. PAID
NOTIFICATION
Scheduled of Boundaries AND SCHEDULE OF
BOUNDARIES
Details of D.C Paid
FOR COLLECTION
OF D.C.
M. C.
APPLICANT FOR
PAYMENT D.C.
GOVT.
M. C.
State Gazette
Official
Gazette
PUBLIC NOTIFICATION
(OBJECTIONS &
SUGGESTIONS)
CONFIRMATION
M. C.
DT&CP
APPLICANT
Procedure for the Approval of Change of Land Use
Download