Telangana Planning Act Review

Review of State Act
THE TELANGANA TOWN-PLANNING ACT, 1920.
Guided by
Dr. Vidya Ghuge
Goutham Varaprasad
MT20UPL004
MTech – Urban Planning
PLANNING LEGISLATION
CONTENTS
THE TELANGANA TOWN-PLANNING ACT, 1920. THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT,
1966
Chapter-1 : Preliminary. Chapter-1 : Preliminary

Chapter-2 : Town Planning Schemes. Chapter-2 : Provisions relating to regional plans.
Chapter-3 : Making, variation and revocation of Chapter-3 : Development plan.
schemes and their effect. Chapter-3-A : Area development authority.
Chapter-4 : Compensation for injurious affection and Chapter-4 : Control of development and use of land
contribution for betterment. included in development plans.
Chapter-5 : The Arbitrator. Chapter-5 : Town Planning schemes.
Chapter-6 : Finance. Chapter-6 : New towns.
Chapter-7 : Land Acquisition. Chapter-6-A : Levy, assessment and recovery of
Chapter-8 : Miscellaneous. Development charge.
Chapter-9 : Town planning trusts. Chapter-7 : Land Acquisition.
Chapter-10 : Transfer of proceedings. Chapter-8 : Finance, Account and Audit.
Chapter-9 : Supplemental and miscellaneous provisions.
There are 10 chapters and 57sections There are 11 chapters and 196sections
Chapter-1 : Preliminary
Section-1: Short title & extent

Section-2: Definitions
TSTP Act, 1920 MRTP Act, 1966
1. It extends to the whole of the State of Telangana . 1. It shall extend to the whole of the State of Maharashtra.
2. Chairman means the “Chairman of the Municipal Council” in 2. Owner
municipalities. 3. Appropriate Authority means any public authority on whose
3. Owner includes the person for the time being receiving, or behalf land is designated for a public purpose in any plan or
entitled to receive the rents or profits of the property scheme and which it is authorised to acquire
4. Responsible authority means the authority or person, who is 4. Reconstituted plot
mentioned in a scheme responsible for carrying out or 5. scheme includes a plan relating to a town planning scheme
enforcing the provisions of the scheme. 6. It has a total of 40 definitions
5. Reconstituted plot means a plot which is in any way altered by
the making of a town-planning
6. Scheme means a town-planning scheme and includes a plan
relating to a town-planning scheme
7. It has a total of 10 definitions
Chapter-2 : Town Planning Schemes
Section-3: Omitted
Section-4: Matters that may be dealt with in scheme
Section-5: Reconstituted plots
Section-6: Omitted

A town-planning scheme may provide for all or any of the A town planning scheme may make provision for any of the
following matters:- following matters:
• the laying out or relaying out of land either vacant or already • any of the matters specified in development plan.
built upon as building sites or for any of the purposes • the laying out or re-laying out of land, either vacant or already
• the construction, diversion, extension, alteration, improvement built upon including areas of comprehensive development
or closure of streets, roads and communications • the filling-up or reclamation of low-lying, swampy or
• the construction, alteration, removal demolition of buildings, unhealthy area, or levelling-up of land
bridges and other structures • layout of new streets or roads, construction, diversion,
• the acquisition by purchase, exchange or otherwise, of any extension, alteration, improvement and closing up of
land or other immovable property streets and roads and discontinuance of communications
• the redistribution of boundaries and the re-constitution of plots the construction, alteration and removal of buildings,
belonging to owners bridges and other structures
• the disposal by sale, exchange, lease, or otherwise of land • drainage, inclusive of sewerage, surface or sub-soil
acquired or owned by the council; drainage and sewage disposal
• transport facilities • lighting
• water-supply • water supply
• Lighting
• drainage inclusive of sewerage and of surface draining and
sewage disposal
Chapter-2 : Town Planning Schemes
Section-3: Omitted
Section-4: Matters that may be dealt with in scheme
Section-5: Reconstituted plots
Section-6: Omitted

• the allotment or reservation of land for all kinds • the allotment or reservation of land for all kinds
• construction of houses • the preservation of objects of historical or national interest or
• the preservation of objects and buildings of archaeological or natural beauty and of building actually used for religious
historic interest or of natural beauty or actually used for purposes
religious
• the imposition of conditions and restrictions in regard to the
character, number, architectural features and height of
buildings allowed in specified areas, and the purposes to • the size and shape of every reconstituted plot shall be
which buildings determined, so far as may be, to render it suitable for building
purposes
• a draft scheme may contain proposals to form a final plot by
• The size and shape of every reconstituted plot shall be so reconstitution of an original plot
determined as to render it suitable for building purposes. • to provide, with the consent of the owners
• the scheme may contain proposals, to form a reconstituted • to allot a final plot to any owner dispossessed of land in
plot by the alteration of the boundaries furtherance of the scheme
• to provide with the consent of the owners • to transfer the ownership of an original plot from one person
• to transfer the ownership of a plot from one person to another. to another.
Chapter-3 : Making, variation and revocation of schemes and their effect.
Section-7: Appointment of Director of Town-Planning. Section-14: Sanctioning of scheme by State Government
Section-8: Obligation on newly constituted councils to make schemes not Section-15: Variation or revocation of schemes
later than four years. Section-16: Limitation of compensation payable to person affected by
Section-9: Declaration of intention to make or adopt scheme variation or revocation of scheme.
Section-10: Resolution to make or adopt scheme. Section-17: Permission to be taken for construction, etc., after publication
Section-11: Publication of draft scheme. of draft scheme
Section-12: Power of State Government to require council to make Section-18: Obligation on owners to comply with scheme after sanction.
scheme. 18-A: Power to levy development charges.
Section-13: Contents of draft scheme. 18-B. Classification of land or building.
Section-19: Power of responsible authority to enforce scheme.

• The State Government may appoint a Director of Town- • A Planning Authority may for the purpose of implementing the
Planning. proposals in the final Development plan or in respect of any
• The cost of such officer and his establishment shall be paid out land which is likely to be in the course of development or
of the revenues of the State Government. • It may by resolution declare its intention to make a town
• Municipal councils shall consult the Director on such matters planning scheme in respect of any part of the area within its
relating to town-planning, and in such manner as may be jurisdiction.
prescribed. • If any such decision is taken for preparing a scheme, draft to
• The municipal council may or decide to prepare a scheme with be done within 9 months from notification.
respect to buildings and land or adopt any other scheme
prepared by all or any owners of such land and release
notification
• If any such decision is taken for preparing a scheme, it should
be done within 12 months from notification.
• Within 60 days anyone who is affected of the published draft
can raise their concerns in written format

• After receiving concerns and suggestions and considering • If Planning Authority fails to make a draft scheme and publish a
them by the state government and the scheme may be notice regarding its making within the period or within the
sanctioned or not sanctioned if it is fit or not or may be returned period extended the declaration shall lapse
to the council for reconsideration.
• If it is returned to the council it is to be resubmitted within 3 • unless the State Government appoints an Officer to prepare
months with necessary changes and submit the draft scheme to the State Government on
• If it failed to submit in 3 months, orders related to the scheme behalf of the Planning Authority not later than nine months from
can be passed by the state government. the date of such appointment or the extended period under
• A town-planning scheme sanctioned may at any time be sub-section.
varied or revoked by a subsequent scheme, published and
sanctioned
• The State Government may, at any time, by notification in the
Official Gazette, vary or revoke a scheme sanctioned

• After the publication of notification of scheme, no work shall be • No one should institute or change the use of any land or
proceeded without prior permission from the authority building or carry out any development without necessary
• if the council or the responsible authority omits for 3 months permission
from the date of receipt of such application, it shall be • If a Planning Authority communicates no decision to the
deemed to have granted the permission. applicant within 2 months from the date of receipt, the
• No building shall be constructed or reconstructed in any area in applicant shall be deemed to have been granted such
which building is expressly forbidden in the scheme, or which is certificate.
reserved in the scheme for any purpose incompatible with • If any person contravenes the provisions contained in scheme,
building. the Planning Authority may direct by notice in writing to stop
• Different charges for development may be prescribed on the any development in progress, and the decision is made after
institution of use or change of use of land or building or the enquiry to remove or alter the building
development of any land or building for which permission is • Any expense incurred because of contravening the provisions
required under this Act shall be a sum due to the Planning Authority under this Act
from the person in default or the owner of the plot.
Chapter-4 : Compensation for injurious affection and contribution for betterment.
Section- 20: Right to compensation. Section- 23: Power to levy betterment contribution.
Section- 21: No right to compensation for building, etc., subsequent to Section- 24: Betterment contribution how calculated.
first notification. Section- 25: Assessment and collection of betterment contribution.
Section- 22: Exclusion or limitation of compensation in certain cases. Section- 26: Option of objecting owner to require council to acquire his
22-A: Application for sanction for withdrawal or modification of the property.
scheme.
• Any person whose property is injuriously affected by any refusal • The owner of any property or right which is injuriously affected
to grant the permission applied or by the making of a town- by the making of a town planning scheme shall, subject to
planning scheme which is not less than 3 months sanctioned, if compensation, if he makes a claim within 60 days
makes a claim for the purpose within the time is entitled to
obtain. • No compensation shall be payable in respect of any property
• A person shall not be entitled to obtain compensation on or private right of any sort which is alleged to be injuriously
account of any building erected on, or contract made, or affected by reason of any provisions contained in the town
other thing done with respect to, land included in scheme, planning scheme
after the date of the publication of the notification
• If the total amount from the owner of a final plot to be
• If the value of any property has increased or is likely to included in the final scheme exceeds the value of such plot,
increase because of town planning scheme, the municipal authority may direct the owner of such plot to make payment
council, it shall be entitled to recover from the owner of such to the Planning Authority of the amount of such excess.
property of an annual betterment
• contribution at uniform percentage of the increase in value not

exceeding 10 percentum as may be fixed in the scheme:
Chapter-5 : The Arbitrator.
Section- 27: State Government to appoint arbitrator.
Section- 28: Powers and duties of arbitrator.
Section- 29: Appeal.
• After a scheme has been sanctioned the State Government • Within 1 month from the sanction of the draft scheme is
may and if so required by the council or any person interested published in the Official Gazette, the State Government shall
in the scheme shall appoint an arbitrator with sufficient appoint any person possessing such qualifications as an
establishment to discharge all duties given to him Arbitrator with sufficient establishment and his duties.
• An Arbitrator shall have all the powers of a Civil Court for taking • Except in matters arising out of estimation, increment in final
evidence on oath and of enforcing attendance of witnesses plots, plot mortgage compensation, every decision of the
and compelling the production of documents and material Arbitrator shall be final and conclusive and binding on all
objects. parties including the Planning Authority
• The costs of and incident to all proceedings are in his discretion

and have full power to determine by whom or out of what
property and to what extent such costs are to be paid.
• Any party aggrieved by any decision of the arbitrator may

within 3 months appeal to the District Judge concerned .
Chapter-6 : Finance.
Section- 30: Municipal town-planning fund.
Section- 31: Power to borrow.
Section- 32: Omitted.
• Separate town-planning fund is formed and all expenditure • Every Regional Board, Planning Authority except a Special
under this Act or any town-planning scheme is paid from such Planning Authority appointed for a new town shall have to
fund. maintain its own fund to which shall be credited
• In the first instance, to establish such fund and meet the • All the money received from the State Government are by the
deficiency of such fund it can be supplied by the state way of grants, loans, advance.
government out of the municipal fund or can borrow. • This fund shall be utilized for its expenditure, land acquisition,
• Separate accounts shall be maintained by each municipal development of land, or any other purposes as directed by the
council for its town-planning fund. state government
• Regional Boards shall have to maintain proper accounts and
• A municipal council, can be considered as a local authority other relevant records and prepare annual statement and
according to the Local Authorities Loans Act, 1914, and has the audits by auditor
power to borrow money • The auditor is appointed by the State Government in
consultation with the Comptroller and Auditor General of India
Chapter-7 : Land Acquisition
Section- 33: Modification of land Acquisition Act.
Section- 34: Notification under section 14 to have effect as declaration under section 6, Land Acquisition Act.
Section- 35: Sections 15, 23 and 24 of Land Acquisition Act superseded.
• Immovable property required for the purposes of a town • Any land required, reserved or designated in a Regional plan,
planning scheme is called as the land needed for public Development plan or town planning scheme for a public
purpose and may be acquired within the meaning of Land purpose shall come within the meaning of the Right to Fair
• Acquisition Act, 1894. Compensation and Transparency in Land Acquisition,
• if the land is not acquired within 3 years from the notification, it Rehabilitation and Resettlement Act, 2013
shall stop to have effect. • Compensation can be by paying an amount agreed or in the
• If there is any written concern regarding the land acquisition, form of FSI and TDR
collector and the court will decide the compensation of • If the land is not acquired within 10years of the sanctioning the
acquired land. scheme, the owner can own his land by showing the
• Collector and the Court shall not decide if the degree of documents
urgency has led to acquire and damage caused by a private • In case of emergencies State Government may, by an order in
person to the land owner writing authorize the Collector take possession of the land
• increase to the value of the land acquired likely to benefit under acquisition after giving a notice of 15 days
from the use to which it will be put when acquired
Chapter-8 : Miscellaneous.
Section- 36: Power of councils to make agreements. Section- 41: Power of State Government to arbitrate in disputes between local authorities.
Section- 37: Town-planning committee. Section- 42: Power of control of State Government.
Section- 38: Joint town-planning committee. Section- 43: Power of entry, etc.
Section- 39: Omitted. Section- 44: Power of State Government to make rules.
Section- 40: Omitted. 44-A: Previous publication of the rules.
44- B: Penalty for breach of the provisions of the scheme.
• A municipal council is competent to make any agreement of • Every Area Development Authority by the Metropolitan
any matter regarding town planning scheme Planning Committee or the District Planning Committee
• Town planning committee is formed by the state government to • The Director of Town Planning or any officer authorized by him,
dispose the power to the committee may enter into or upon any land or building with or without
• A municipal council may and if so required by the State assistants or workmen for the purpose of the preparation of a
Government shall join with one or more than one other local plan or scheme.
authority in constituting a joint town-planning committee for the • Any person who obstructs the entry or molests a person
making a joint town planning scheme in which they are jointly empowered or authorized by Director of Town Planning, on
interested. conviction be punished with imprisonment for a term which
• Any disputes which are failed to settled in the joint committee is may extend to 6 months, or with fine of 1000rps or both.
settled by the state government.
• In a scheme sanctioned, where a person commits or knowingly
breaches any provision, that person will be notified to stop that,
if neglected for 1 month and continue breaching it is
punishable with fine of 100rps and 15rps per day
Chapter-9 : Town planning trusts.
Section- 45: Creation of town-planning trusts. Section- 51: Procedure if trust fails to make any payment in respect of loans.
Section- 46: Constitution of trusts. Section- 52: Vesting in municipal council of streets laid out or altered and open
Section- 47: Chairman may be given salary. spaces provided by the trust under a scheme.
Section- 48: Removal of trustees. Section- 53: Ultimate dissolution of trust, and transfer of its assets and liabilities to the
Section- 49: Disabilities of trustees removed under section 48. municipal council.
Section- 50: Application to trusts of this Act and their power to Section- 54: Power to State Government to make rules for trusts.
borrow. 54-A: Power of State Government to issue directions.
50-A: Payment to trust by municipal councils.

• When the state government after consulting municipal council • The Nagpur Improvement Trust constituted under the Nagpur
feels the planning scheme can be best served by entrusting it Improvement Trust Act, 1936,
with a special board, they may constitute a town planning trust • which is permitted by the State Government for any area
with name of that particular area under its jurisdiction to exercise the powers of a Planning
• They will vested in powers to carry out the provisions of the Authority under this Act
scheme
• There will be both appointed and elected persons in the trust
which comprises of the trustees from various bodies or
associations like railways, co operative societies, chambers of
commerce where as the chairman is appointed by state
government
• State government may remove the trustees other than ex-
officio trustee
• If the trust executes all the schemes sanctioned the state govt
may dissolve the trust if they feel it to unnecessary to function
• The trust and its chairman follow the direction given by state
government from time to time.
Chapter-10 : Transfer of proceedings
Section- 55: Transfer of proceedings from one authority to
another.
• The State Government may from a specified date in • A Development Authority may by an agreement made with
notification, transfer the proceedings of any land by any any local authority, or Planning Authority and approved by
authority having jurisdiction to any other authority after the State Government, transfer any part of the property upon
communicating them regarding any concerns. terms as may be prescribed by the agreement.
• All the obligations and liabilities from the transferred
proceedings to be carried to the authority to whom it is being • If the State Government is satisfied that it is expedient, in spite
transferred. of having agreement, the liabilities should be reduced, by an
order.
Conclusion
• This Act focuses about the planning schemes but does not provide an information regarding plans
such as development, master plan and regional plans.
• This Act does not provide any metropolitan or district planning commitee
• This Act does not focus on the development of new towns
• There is no concept of FSI or TDR is in consideration.
• There is no consideration for the aspects such as Disaster Mitigation.
Thank You
Guided by Goutham Varaprasad

Dr. Vidya Ghuge MT20UPL004
MTech – Urban Planning

Telangana Planning Act Review

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Telangana Planning Act Review

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Review of State Act

THE TELANGANA TOWN-PLANNING ACT, 1920.

Chapter-1 : Preliminary. Chapter-1 : Preliminary

Section-1: Short title & extent

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

• contribution at uniform percentage of the increase in value not

TSTP Act, 1920 MRTP Act, 1966

• The costs of and incident to all proceedings are in his discretion

• Any party aggrieved by any decision of the arbitrator may

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

TSTP Act, 1920 MRTP Act, 1966

Guided by Goutham Varaprasad

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