& ih | . THE BOMBAY TOWN PLANNING ACT, 1916,i Gubvecument of Borbay, egal Department Bombay Act No. I of 1915 The Bombay Town ane Act, 1915 (60) (As modified up to the Ist Lu ‘Town Planning and Valuation Department, Children Hospital Bui Rasaa Marg, Mitbakhali, fe Bhis Brisge, Abmedabad-6. ’ BOMBAY, © Oblaieabie trom the Bopsrinteintent ee cnneateer en ‘Aldwych, Londen, W. Frice-Ainas Your Bd,ies RE THE BOMBAY TOWN PLAtMING act, : cHaptmR are 7 Pretinihng. ; " : ; me Infotprotation-olause. , ; Contents of planning achome. Disputed ownership. : te Right of bntry. soe Powers of looal authority to boftow money and to emake and execute 4 town planning scheme, 1. . Notified preas, CHAPTER I. DeoLaRAtion of INTENTION To MAKE A Scneae, AND PaRPsRATION ov Drarr Scuene 8. Land in respect of which a town-planning scheme may be made. Powers of a local authority to résolve on a doolaration uf . intention tof make a scheme and of the Provincial Government to ‘aanotion { such declaration. : | 10, Preparation snd publication of druft, scheme. , | Lapsing of sanction. i LL. Contents of draft scheme, 12. -Reconstituted plots. ‘ 13. Objections to, the draft scheme’ to bo considered 14, Power of the Provineiel Goverment to sanction a dinate shen i 1B, Rextvictions after declaration, . DAA. Power to Provincial Government ty suspend cule, by + 9. i ig UDA, Town-plaaning a up areas, . *83, SYA, Arbitrator — to Madgivt y Cribual in yulvivory capacity and hie : beg > Payment by adjustment of aovonut. + coNrRNTB, E ii CHAPTER UT. Biwanens ots of the sahame. ¢ ateulation of inerement, Contrilmtion towards the cost-of the gcheme. Owner prinuatily Bable for contribution, a Certain amount to be added to or deducted fom the contrilation leviable fyom a person. ‘Veansfer of right from original to reconstitutial plot, or estiattion, of such right. 5 Compensation in respoot of proparty or right injusiously «ifootal by scheme. Exclusion or limitation of vompensation in eortam casos, Provision for case in which ainouyt payable iv owner exesads wymqunt uo from him: Provision for case in which value of developed plot ix tess Yaa amount payable by owner. Payment of uet whiowit due to local authority Power of local authority to male agrooments Réoovery of arrears, ‘Paw’ Anwruavon dp “num, suns, Oy AwmerRati0N. Appointment of arbitratar,; : ‘Potieg of the arbitrator, « toy Ovplain decivions of the arbitrator shall be fine. ‘Arbitrator pall mnpke proponis in vertain nualtsrs Penstitution, of the Vribupal af Ashiteubion roqquneration. ¢ Flava whore the ‘ribuial iia nit“! * oadI 4. Power to enforos achemo. : eo js. " Rulos, CONTENT! ‘iii Bucrioxe, i Bh. Wight to appont hy recogivised agent. oe 36, Decision of quest mt of Jaw ang proordure and other questions,. hl 87, Powers of tho Tribunal to decide matters. fina 38, Tribunal not a Court, r 39. Remuneration of arhitentor and Ameiiot and payment of ‘nbldental exponen of Tribunal. 5 4, 404. Withdrawal of a scheme. Sy i 41. -Witect of final sohome. : ec 49. Powor of loval authority to oviot summaril ly. inal whom, 44.. Power to compel attoniance of witnesses. CHAPTER V. : . Miscenanzovs. Ca 45, Joint town-planning schemes. 45A. Vesting of property and rights of & local authority ceasing, exist or + ceasing to have jurisdiction. 40B. Power to vary a scheme ou the groiind of etror, irregularity or informality. 46. Power to vary or revoke a town-planding schemes. 47. Compensation when final scheme is varied or -revokéd. ~~ « ATA, Apportionment of costs of echeme withdraws, not sanctioned or revoked... 48, Provincial Governmenit may itself or through any ‘person exercise power or perform duty confertod or ishposed on a local uthority. "49. Bar of legal proodedings. 50. Registration of dooument, plan or ‘imap ia connection with a final achemo is not required. : ’ 51. Land needed for purpose of town-plinning acheme-.uny be compulsorily acquired : SIA. Bpevial provision ‘in oase of a municipality which is superseded or dissolved. A aBOMBAY ACT No. I OF 1916.’ \ [6th Maoh, 1216 Repealed in. part and. amended by om, Act 2 of 1919. Amended, by Bom. Act 18 of 1920, yn MOF 1920. Adapted and modified by the Adaptation of Indian Laws Order in Council, Amended by Bom. Act 21 of 1938. Vy nes Mh of 1946. hp 4 BB OF 1947 road with section 2-08 Bom. 4 of 1942, 5 ‘An Act (o provide for the making and town-planning schemes. xecution of ‘Warereas it is expedient that the develojnnent of cortain areas should be regulated with the general object of securing Proper sanitary’ conditions, amenity and conveniones te the persons living in such areas and in neighbouring arena, Axp Wannnas the previous sanction of the Governor 7 General required by section 5 of the Mndian Councils 1802,-has beon obtained for the puswing of this Act; It hereby enacted as follows :-— OHAPTER 1, 4 Precounary. ‘ot @) This Act may be called the Bombey Town Shore title ‘Planning Act, 1915.” a sed ec, , ‘[ (2). It shall extend ‘to the whole of the Provines of of Bombay except the City of Bombuy. i 4 Tot Statement of Objeota and Renws, te Bomboy Uh Gascte, 1918, Part VIL, pagn 846; for Ropar uf Bolect tin Bids 2018, Part VAT, page 610; ‘wud for Prowedingy iu Hid, VOLE, Part VEL,” pose 18 5 sbid, 1045, page D1. 3 fea uow the Goyerament of Ladin At, “1098, A Theeo, mib-wootlony were ibstitutert for the origlanl wabcwovion (2) - ‘by Bom. 2 of 10384 . mou Be if 197.ih Bromisasy Coun Pi sniins (8) The Provincial pplication of the uj OF ‘ bay, exténd: by. io * Official Carte, tit Peace sAct to the City ‘of johthay of any p att thereof, “from sto ON eat date ad tay be Sppolnted in thie heliatt: _ wae \ Provided that seh Application’ hi teen nude ‘after ig has been assented to hy more thin, helt the total number * ‘ of the conneillors of the Corporation | H eankt tht Act, less thie ia onvining sm stare the etbject or contest B Top (a) * lovat authority moana i: Winiedpality ‘or; where") yo there is no Minisipality,’s obmmitten anpdinbad’ tor a! vl potified ated under the proviaohe of Chapter XIV: of tid sia: ‘4. Bombay Distriot Muniéipal Aes, 1901, ys moslified hy this Thee *. Aet ; § (6)-"| prwiotibest * rieans Proseribed hy sulos made under : this Ast ; ' ‘ i (6) “owner” inclndes an owner is common ‘or joint; abd inclides alse an occ upant us iefined in clause (76) of sactions 8 nf the Bombay Band Bos, Revenue Code, 1879 ; ¥ of Bro, (2) “plot” means a continuous Portion of Tond held in one ownership 1 * « () “reconstiti.ted plot” méana x plot which ig iy + . 5 Soy way salbored by” the riaking ot {2 town-planning tcheme# ¥ + eludes’ alteration of ‘ownei~ Brplanation..« Altered ” ship. “scheme” includes ® plan mating to a town Massiii sh : © planning scheme, "eed 8K town-plauning Pansies tng fellowing matters Stcine! " *hetne may mace provision. fur any (a) the construction, diversion, alteration and stopping up of streets, roads. and. communications ; © (0) the , construction, alteration, and removal of buildings, bridges and’ other stmnetises, anne ther hah Ind weed, alloted o> essed fe any pubtio «ae igonidyaltorees wore deleted by Bou. 21 a 1088, 903 (a) et ea fee ag other Wine than. by the sevoranos of lua usoil, alloscedt veer angie th aia sro id ona ‘i son i ee g > #sur 1915} Act, 1916 3 (9 fhe plotting out-of tant a building sites shother snch dana is intended to he used for bailing pag vO the inom “inte future OF not ; ee A © (4) the atlotment or rarvation of land for ronds, oper Shaees, xanlons, recreation Brounds, “echoots, markets tnd public puepinee of atl Kayeten : s(0) drainage inelusive of Sewerage aril of mtface almainage and seway disposal ; Minthting 5 (0) ator nappy » (A) the preservation of objects of historical interest or pan ital beauty and of buildings netonthe used for religions Purposes oF regarded by the publie wih Special religious Veneration ; <() the imposition of condition and vwsttietions in Feqnrd 10 the open apace tu he mnintained about build fogs, the number, and character of buildings tlawee in specified areas and the Puepoves to wh huiblings or specified arene may of may not be. appropriated ; . «,() the smspension 40 far as AY be wocesury for the proper carry Me ont of the acheme, of any rule having the force of law, bye-low, Avs, or other PROvisien Mee + which isin force in” the ores included in the scheme : Provided that it shall not be lawful to sumpead. in rae lt area any Act of Parliament ox jtany Todian {uw relating to any of the matters enumerates in List 7 in the Seventh Schedule to the Government of tidia Act, 1985]. | : : (t) suck ather matter not inconsistent. with thw ohjecta OF this Set ax may he proxuribeed SS r—— to the owner. ship of any piews of land incluted in an ncn in respect of suena mane ter whatever nuthority santa wer repent by Toto thin Seketale UW of the tormbny. Hepeating ead stawndding Aob, 1019 (Bom. 2 of tld), * The provin was aed ty section ana Nehedute 1, Pace 1, bid, * withoat the se etien tae Cdoneral in Canueje wil 7 ittvae words were oulatituted for the wes if the Qoveruur ciencenl, any Act wt the Ch ‘by the Adaptation ut tylign Lawy Order ta mou BU IIT 1 : Dieputect ‘4 Bombay Lown. Plinning Troi ‘whieh "tho foval authority: has declared, ander sention % ita Intention to make a. town plnnining soheme} and any Pee tt, teeordof rights oF rautation roaster mlevenk ty mueh wepeted elaimn ie inacenent ar incon-hisive, en onqniry may he beld Yon an application being mace hy the Tooab Authority oF the Arbitrator at anytime prine to the ant CH titel the Arbitrator draws up tho final achoma ster clonce 10 of sevtion 20] hy auch offionr ne the "[Provinoiat Goverment] in tho Cay of Bombay or the. Commerce clrowhers may appoint for tho purpone of deciding who whilk he deemed to he the wwnor for the prurpmven af this her: (2) Buch decision shall nok he Subject to appeal but it eholl not. operate ns a har to a regular anit, (3) Buch dosision whall, in the event of. Ojvil Contt + Dunsing s deoreo which ixinconsintent. therewith, be correetert, modified or in accordance with euch decree as noon an Practicuble after wugh docroe haw hoe bronght te the notice of the local autho either by the Civil Court er by some person affected hy such decom 5 For the purpose of the jparation, making, “or wr execution of “my town plowed ig scheme any persone authorized by the local muthority or nny ynblio servent orf erwin duly appointed or authored under this Acbany, after aiving such notice nw may bo preseribed lo tlw owner, seven “ or other pornon interested in any: land. enter upon, survey aud mark out such land snd 0 all wots nevesiury for seh purpose, Roget 6.) A local authority as defined in this Act shall.be 2» treat dleomed to be a looal authority ax defined in the. Local's led foro” Authorities Loans Avt, 1014 for the purse of borrowing © F emake”! Money under thet Act, und the making and execution. of # 1x af ee town-plunning soheme shall be deemed to he a work which JOKs. ‘auch local authority is legally authorized to carry out. {2) Any oxponsod incurred by a local authority vider |i ig this Act or-any town-planning woheme made thereunder £ yi 0b Simay be defmayed out of ite funds. a 7 wove wordy ni tguro wars ubltituted for tie avoita “any of a Provisions of thin Aot gre tu be applied "by Hom. 3h ot mite. tty * ‘hoa word and Byutea wore adit, bid, 4. : (ihe worda \ Peavinetal Goveroment.” was wubatilited tue iv wouita » Giernoe in Gout by the, Adaptation of Bliss hawe Geder ba ‘ » Gwunl. : © Goutead Acta,2 5) - hae a) i Notititheténuing anything contained ” th: sb-mostign contal Biab-soatie 87 of the ombaty Disteiot “Municipal “Act, : '[Provinoial « ct bi 90. loniaing scheme, Drcatation or 13 ape Meslacoottanea with the ro any ‘andl which is in-ec wiflad area, for which j to be & notified i CHAPTER Nn. x Ann Purrapation or Dra: (7) A. town-plining ‘scheme Act, 1915 Government) May declate” ‘why, ie proponed to make «bone area, ‘ i: MARE a" Souticin re Scwienn: ENTION 70, tse of be “used for building purposes, Panty! scheme 4, (2) Where it dppeats to the 4{Provincial Government] be amsde that pire of Land alzeady Inui Upon, OF w piece of Tand = "=H not Tikely to he ‘or likely to be used for he included in any: tox made with respect: to the 54 Government] may sancti ‘ing suoh piece of Iand "demolition oF alteration may he necessary for an 82° purposes” shill Include ph for the purpose of prov 2 parks, pleasure or recreat f -execnting any work upor { town-planning scheme, wy ‘orwork or not, and the decision of th ged,'we to whethor land is likel or nob shall be final, 9. (1) he lor: such land as is referred declare its intention to spect of the whole or an, which isin the vicinity included in say other sun ipal ur ne such sel hi ‘that for the making of Provincial Government) | 4 "Tho words“ Prov * Governor in Uounei «Coun, the used for bui with foxpect to any tand whi 88 aforesaid, and (8) The expression “land likely ti be es iding, open authori ial Government ding purposes is se. ditwated h is in connie of dévolopinont 1 2" nilding purrwses that it ont to i wplnning seheme intanded ti. be lust-mentioned hurd, the '[Provinedal + ion’ the malzi scheme includ- providing for the of any buildinas thereon so far ag mying the shee into effect: id for building Iv to be used as; or paces, roads, streuts, ion ytormds, ar for the purpose of nor under the land incidental to a nthe wtute of a building he 3 Provincial Goversment] ly Wo be nse for bailing puipeses any land Like ether i y having jutisdiction ovor any Power of f0 in section % inay -by resolution salar make a town-plaiming scheme. in: 'D regolve on Y Part of such land and of any land a docarstion of such Tow, bat whieh’ is not of intention to mato ified aren, provided mhemtand reme the a netion of ‘the of the heme thy a notion of ie of the all be neerssrty, Goverument to aeuction such — Geelaration Wore wulutituted for the words” of ludian Lowe Onde" iw AdaptationBombay Loum Planning (2) Within twenty-one days from the date of such deciara- tion (hereinafter referred to as a declaration of intention. to: make a acheme), the local authority. shall despatch a copy thereof for publication in the Oficial Gazette] and shall publish it: in the proscribed manner and: shall apply to the 4Provincial Goverriment] for sanction for the making of ‘such scheme. 1 authority shall .send to the . [Provincial Government} ‘a plan showing the arca which it proposes to include in the ° town-planning scheme and thé surrounding lands. | ' (3) With its’ application, for ‘such sanction the . local’ (4) A copy of such plan’ shall be. open to the inspection of the public at all reasonable houre at the head office of the ‘Jocal authority. 4 (6) If within one month from the date of such publica- FE ) «tion in the [Oficial Gazette] any person likely to be affected by such scheme communicates in writing to the *{Provineial:": lovernment] any objection or: euggestion relating to such scheme the *{Provincial Government} shall consider such. objection or suggestion. (6) After secsiving such application and after making such inquiry as it] may think fit, the *[Provincial Govern ment] may, by notification in the {Oficial Gazette], either ' ‘sanction the making of such scheme with or without, modi- fications and subject to such conditions as *{it] may think fit to impose, or *[it] may. by a similar notification refuse: to give ennetion; 40. (1) Within’ twelve ‘months from the dats of” the 4 notification sanctioning the making of « town-planning-.: ableton scheme the local authority shall in consultation with the «<. owners prepare, and publish in the prescribed manuer, draft scheme for the acca in respect of which sanction hse “been given? * A “(Provided tht on. application wade by the local authority in that behalf, the, Provincial Goverment ‘may : 3 2 The words Offeial Gazelle were substituted for the words * Hombay \ *orarimant, Gaon Uy tha palapation of Indian Lame Order iB. 8 iil. ; * Pho words *' Proviaoial Goyerument” were wilwtituied for the worda: = ian Governor in Couneil” iid. 2 Phe word “ig” wos rubatftated for the yor" bu, ibid, i. nm proviso weeded by Bom. 14 of 1946, 0.2 (i).oF 1915) Act, 1915; 1 from .titue to time, by uotifiention in the Officin’ Garoite ; Uheasid per twelve months, but the acuregate i tit of mich extensions shall not excerd twelve i] 1S) [eiweh publication is not made hy the Toe) wathority’ sei biay tli parvo xperified inv oub section (2), or sete the [{ petivd is extended under the provine thetsty, each estenpel potiod), the 3[Provineis] Gevetmient] in the City J Ratlady or the Commissioner elwavlore may: in coitlta Hien with the owners prepare, and publish in the prescribed imanuet, a draft scheme for the area in respect of which. isanction has heey given within a further period of nine me months, covineltl i sing (3) Af such publication is not made by the eibhjn onneting 9) Cgvernment] or tha Comnissioner,'as the . the further period xpecitied im sub-section (2). Use sanction of the %{Proyincial Government] for the suakine of sueh town-planning acheme shall lapse, and until 9 period of three years hias elapsed from the date of suck sanetion it : shall jot be competent to the local authority (6 ey ply. tor fresh sanction for the suaking of any Aown-phivisi, scheme for the same area or for any part of it. py 44, ‘Yhe deaf, scheue shall contain the tollowing viata particulars: : : ghia Balonwes 2 (a) the area, ownership and tenure of each original : plots . 2 served under clase (it) of ey Vo whieh (0) the Tand allotted or section 8 with w-general indication of the : such Vand is to be put Sfaind the terms stad ronditions i subject to which auch lund is bo be put to swcti uses 4 : (0) the extent lo which it ia proposed to etter the boundaries of original plots ; (d) ap estimate of the net cost of the scheme Wo he borne : by the local authoril y; ee (¢) a full description of all detaila of the stheau: und suoh clauses of section 8 ag inay be applicabis ; wut ()luny other prescribed particulars, 5 Y P 7 Theow words, figaros and bracketn wore Qwolre months from the dale of unis, stifioation 1946, 4. 2G), Boe meta Hevea Ganon wor aed the sere Governor in Connell, by the jon af Lndian Town Orbit ia “ os Sh Adnan ¢ 4} Thos were wera ndded by Wein Ji of 188, 0.Resonnti. tuted plote, jection to tho draft, sehuine to be venatasred, 8 Bombay Lown Plap ysis; [nowt 12, (1) In the draft scheme the size and shape of every reconstituted plot shall ho so detorsined ws to render ity fe far ax may ho, suitable for buibting pmxposos (2) In order to. render. original plots. more suitable for’ building purposes tho d (a) to form a reconst the boundaries of an original plot, () to provide with the consent of the owners thab two or more original plots each of which ix hetu in ownership in severalty or in joint. ownership shall here. aitor, with or without alteration of hinindaries, he held in ownership in common as.a reconstituted plot, (e) to allot plot to any owner dispossessed of land: in furtherance of the scheme, and (4) to transfer the ownership of @ plot from one person to another. hemo may contain proposnly— 13. If within one month from the date of prblication of the draft scheme any person affected by auch scheme comtnunicates in writing to the local authorityany objectibn relating to such scheme the local authority” shall considor such objection and may, at any time before submitting the raft scheme to the {Provincial Government]. as hereinafter provided, modify such scheme as it thinks fit. Fowsr of the 14 (1) The local authority shall’ [within the period -ovinaial rerament tosanction a dreft weber. \ prescribed' submit the draft scheme with any modifica: tions which it may have made therein together with. the objeotions which may have heen communicated to it to. the {Provincial Government] and shall at: the same time apply for *[its] eanotion. e (2) After receiving such appligation and after making such inquiry as ‘{it] may think fit, the \[Provincial Govern ment] may ‘within the period presoribod] by . notifiention in the "[Oficial Gazette} either sanction such scheme with without modifications and subject to such conditions as it] may think fit to impose, or. * * refuse to: give sanction. (5) If the 1{Provincial ‘ Government] sanotions such scheme, ‘{it} shall in such notification state at .what place and time the draft scheme shall be: open to the inspection of the prblie, 2 1 The words ““ Provincial Governmont " wore wabstitated for the worda “Governor in Council” by the Adaptation “of Julinn Laws Order" in Copnall. * * 4 ‘These words woro substituted for the word “thon” by Boma. 21. of 1638, ». 6 (2). # ‘The word “ite” was substituted for the word “his by tho’Adapta: tion of Indian Lows Order in Coun ‘Tho word “it”? was substituted for the word ‘hw, ibid. ‘These: words were inserted by Bom. 21 of 18:8, 9.8 (8) (ih. "The words “ Offeial Gazette”? wero substituted for the . words « Rombay Government Gazette” by the Adaptation of ladien Laws Onter. ‘Coun. OST words “it may by a sutlar ottlation were omitted 1p Bom. 21 of 1988, 0. 6 (0) (i. 7 uted plot by the alteration of ©poor AMnd) Ae, 1915 | 46: U) Whon a loeal authority kine pblishids coloralih neaaeisl aces a ot intention to make a boheme-- , ‘(a) no person “shall within the ston inoliced ‘in tha Lame erect oF proceed with any building or work * ‘Tor remové, pull down o¢ altér axvy building or port of & building or remove any earth, stone of material] ster such pervon has applied for anid obtained thy necesamry permission which shall bd containtd in « comhtonement vortifioate granted by thé lddal authotity in the form presoribed ; (}) the loonl authority BA tdceipt of such ayplication shall at once furnish ‘the. “applicant with x written ‘acknowledginont of its réceipt, and -after enquiry may sithet grant oF refuse suck certificate or grant it; aahjout to duoh conditions *[as the local authority may, with thi previoné approval of the Provincial Goverment; thirik fit to impose], "[provided that if an Arbitrator has ect appointed under section 29 the local anthority shall not grant’ such certifieats without obtaining: the Previous ‘coniburrence of auch’ Arbitrator, ‘tnleas such Arbitrator fails to oommunionte his decision in the maatter to the local authority within two montls from the date of the despatch of the application to him hy the looal authority. If] the local authority communicates no decision to the applicant within three moths: fro the date of such acknowledgment he shall be «eomed to have been granted such cortificate ; ‘{(c) if suy person contravenes the provisions contained in clausé (a) or clause (6), (i) the local authority may direot such person by notice in writing to stop any work in progress, and after making enquiry in the prescribed manner, remove, pull down ot alter eny building or other work in the area included in the scheme, ‘[in respeot ‘of which auch, contravention is made] and . (is) such, person shall, on being ¢onvicted for such contravention, be liable to fine which may extend to Rs, 1,000.and. in the case of a continuing contravention ‘of the aforesaid provisions, he shall by Jiable to” an + These words wero intorted by Bom. 18 of 1920, s. 2 lu) * These words were substituted for the words as nny bo conmistent ‘with the acheme" Ly Bom. 14 of 1040, 03 (a) (i) * ‘These worda wore substituted for the words “‘sohurac: but if” by Bom, 21 of 1938, 8, 7 (i) (@) 4 Thaclayse wan mvbrtituted forthe original clause (), bid, 0.7 (() + ‘These words were substituted for tho words “which in wvh 21 60 | evatravene the scheme” by Bom. 14 of 1046;'@.3 (a) {si}.’ A 10 Bombay Town Planning {peat @ additional fine «which may extend tv Its. 10 for’ each fay during which sach contravention continues after’, conviction for the first such contravention ;] (2) any expenses inourred by the local aubiiority under clause (c) shall be a sum due to the local authority undee ‘this Act from the person in default: * [(e) any diminution in the value uf an original. plot ' occasioned by any contravention of olanse (a) or elauie (4) \ shall, notwithstanding anything contained in section, 16, TT or 19 be taken into account in fixing the market value of such plot.] (2) No. parcon shall be entitled to. compensation in reapect of any damage, losy or injury resulting from say. action taken by. the local authority under tne provisions of this section or of section 43, oxcept in respeo. of w building , ° Gr work begun or a contract entered into before the dete on which the local authority published a declaration of intention.” to make a scheme; and only in so far ax such building br work has proceeded at the time of the publication of the declaration of intention’ to make a scheme: — ~ wit 4{Provided that such claim to compensation © in the excopted cases shall be subject to the conditions of. any agreement entered into between such ycrson ant the local authority.) (3) The restrictions imposed by this seotion’ shall cease to operate in the .event of the ®[Provinciol Government] refusing to sanction the making of a towa-planning scheme, or in the event of the sanction of the *[Wrovineial Govern ment] for the making of such scheme lajsing, or in the event of the ®Provincial Government] xefusing to sanction the draft scheme ‘for the final scheme, ov in the event of the withdrawal-of the scheme under section {0A] 4{{5AA. (1) When a local authority bas published a Aeclaration of intention to make a scheme, the Provincial, sovernment may, by order published in the Oficial Gazette, suspend, to such extent only as may bo nevossary for_ the [proper camying out of the scheme any rule having the force « of law, by-law, Act, of other provision which is in force in Ts cause was edited by Bota, 18.0f 120, 2 (O) 1 peovino was aed by Bom, 14 of 140, 0.38 (5). Y + "The words. Provincial Government” were sabatituted for the words Govemor in Couneil”” by the Adaptation of Indian Laws Order” iy Cou. “te wet gu a ite tea by Jor of be ris oie IBAA wee biwetiod by Homi, 14 of 1910, 0.4. ‘ov 1915] Act, 1915 a the arca proposed to be included’ in the scheme “ant which the Provincial Legidature or the Provincial Govsnamont, , or a local authority within the Province is competent to amend, (2) Any order issued under sith-seetion (7) ».all cease to operate in the event of the Provineia! / Government refusing #0 sanction the making of the town planning scheme, or'in the event of the sanction of the. Provincial Government for the making of suck scheme lapsing.-or in the event.of the Provincial Goverwonent refusing to sanction the draft scheme or the final scheme, or in the eveitt of the withdrawal of the scheme under section 40A, or in the event of the coming into forde of the final scheme.| {T15A. (J) Whenever a local’ authority propeses to Town plan. undertake the reclamation of a Hneality which ix uhealehy ag sphemee or the laying ont of a strest or the emstruction’of @ park or meus of pleastite or reorention ground in vitae of the powers conferred npon it by any law for the time boing “nb sree in any area within ite-limits whieh ie already built upon and the Provincial Government is of upinioi thal such reclamation, laying ont or construction will’ specially benefit: the owners of buildings andi linds within’ such, area, i the Provincial Goverment may. by notification in the i Official Gazette, apply to such aréa the provisions of Chaptors TIL and IV with such modifications and adaptations as the Provincial Government may decm fit: Provided that in calculating the amount. of the increment 7 under section 17 or in estimating the market value of @ plot under section 19, the amount of such increment, or such market value shall be calculated or estimated as ai tive date of the resolution of the local authority proposing the scheme under this Section. (2) The Provinoial Government. shall, before ‘isi a notification under sub-section (J), give. the wwsnort or occupiers of bnildings and lands in the wea alficid, an opportunity of showing canse why such notification should not be issued. CHAPTER i, Finance 16. (2) The costs of a town piauning seh i shal at tone include--- : nchene (a) all sums payable by the local authority wht the provisions of this Act which are not specifically «cluded from the costs of the scheme ; COE 6 1 New vection ISA wer inserted by7 bawling Toso P soni, cow th) al oume apent or estitnated tet spent hy He local authority m the making and: in too eveention of phe eoheme 5 41 sb) all some payable” as compensation “for lund allutted or reenrved for any pul wanicipal pusp high is solely, Veneficial ta the owners or residenta witha the area of, the. seleme ; (fey ouch portion of the sins, payalde as componsation * for band ollateet or reserved for ang jaiblie ae municipal, your wh is benelicial partly to the owners ox reatentanithin the area of the sdhemo aul partly to the krneral public, as ix attributable to the Honefit acerning tur the vvnets or residents within the area of.the scheme for such allotment. oF reservation] ; (e)‘all legal expenses of the local authority incurred in the making and in the excoution” of — thet scheme ; and (2) any amount by which the total of the values of the ? original plots exceods the total of the values of the “plats included in the final schemo, each of such plots iicing estimated at its market value at the date of tho déclura- tion of intention to make @ scheme with ali the buildings and works thereon at that date and without reference to improvements contemplated. in the scheme other than improvements due to the alturation of its boundaries, : (2) If in any case the total of the values of the plots inghided in the final scheme exceeds the total of. the 9 values of the original plots, each of such plots «being estimated in the manner provided in slause (dl) -of subseotion (1), then the amount of such excess shall be deducted in arrivitiy at the costs of the schenie, “as “defined in sub-section (2). 17. *[or the purposes of this Act the increments. shall be deemed to be the amount by which at the'-date 6f the declaration of intention to amake a ‘scheme ‘the market value of a plot included in the final scheme estimated on the assumption that the scheme has been completed would exceed, at, the same date the mucket value of the same plot “estimated withoul references ° to, improvernents contemplated in the scheme :] + ‘Theve clauses wore inserted by Bom. 21 uf LIS, 8. 8. 4 While paragraph was substituted by Bou, 13 of 1820, 6, 8. $¥ : Is oe 195] foi, 798 Peavitled that in ystimayn inge or & Lor in tie conan HT oreetion on teh plob shall net: bo taken inte eunidheention ah estes the Value af tailede in fe, (2) The cous of the scheme shall he ntet whally "ox Conseibaion: in part hy a contribution to be levievt 1 the Jocal authority towards the on each ot inchulod in the final schon calculated in gots of the achome, provertion” to the inorement. whieh ie stitunted fi heemn in respect of auch plot he tha ‘Tribmai of Athitration Provided that £ gat te suet conteibution shall exeved nlf tho incromerit ‘estimated by the ‘Tribnual of Arbitration to secre in Fospoot uf atch plot ; a : (i) where 9 plot is subject to» workgage with posses: “Mon on to a Tense, the sibunal of Avhitration sal dater- pine in shat proportion the mortgayer a Insaco onthe ohe und and the mortgagor or lessor on the ott hand shall hay much contribution ; P1Gr8) no sreh contribution ball be desival ow a plan sed, allotted oF ermerved for a public or niunivayat purpose whieh is solely for the benefit of awner or rete within the the scheme ; and {22} the contribution levied on a plot used, allotted at rer wed for 4 public or municipal pucposs whieh i bereft inl parlly to the owners of resident within the arma a the selene and partly to the general public shall te caleula: in jiraportion to tho benefit estimatod ta accrue’ to Reuwral public from such use, allotment or resorvation.] 2) Th Siete et inelitod itn the final seherae Owner «) shall be privwarily Jinble for the payment af the contribution primarily Hovinble in respect of such plot fate Be 19. ‘The amount by which the total vale of the lots Gaetain included in’ final scheme with all Ue buildings aud #mount te be tudded to oF works thereon allutted to a Person fills short: of or exoveds jade tho total value of the original plata with wll the Loittings al trom th works theron of suk porson shall be derlivetect From or added joie bition fo, as the ease may be, the contribyttions loviblefiea neh eran Poteon, each of such plots heinglestimated ality uarhee whee {Ble wont “and was omitted by Bom, 21 uf Ls, 5 WG * These provioun were iusetted, ibid, a: 10° (9k4 Bomlary Town Planning 2 fou. at the date of the deckuration of intention: to anake.a soheme | and without roferenco to improvements dentennplated in the salem uther Phan inyprotements due to the alérntion of heumndarie Trancforo (80, Any right in af original plot which in the opinion of weit, the arbitral capable of i Rinnai the arbitrator is capable of heing transferted wholly or in Feonsituted park. without: prejudice to she making of « town-planning Plot, or Reheme, to a reconstituted plot shall bos transforred: nitd foi raht. SHY Fightin an original plot which in the opinion.of the afbi trator is not eapable of being so transferred shall hie extin- * — gnished : : Provided that an agricottural lease shall. not be transferred from an original plot. to a recensti plot without the consent, of all she parties to such lease. : Compn 2 Th owner of any property. or right which is fationin, —injuriously affected by the making of a towi-planning pepeny, scheme shall, if he makes a claim hefore the arhitrator within Senght) the prescribed time be entitled to obtain. cofapensation in nly respect thereof from the loot authority, or Trak any person Iyurheme, benefited or partly from the wal authority ‘and partly from such person, asthe ‘tribunal uf Arhitration yay in each ease determine : Provided that the value of sich property or right shall be held to be ite market valuo nt. the date of the declaration of intention to make a echeme without reference to. improve- 4 ments contemplated in the scheme. Kacusion or 22. (1) Where property or « private right of any sott is tinitstion or alleged to be injuriously affected by reason of any provisions frevensation contained in a town-planning scheme, no corpensation shall tise be paid in respect thereof if or in so far as the provisions are sich as would have been enforceable without epinpensation under any rule having the force of law, by-law or Act in force at the “3 (2) Property or a private right of any sért, shall not be deemed to be injurioysly affected by reason of any provisions inserted in a town-planning scheme, which, with a view to securing the amenity of the area included in such scheme ot any ‘part thereof, impose any conditions and restrictions in regard. to any ‘of the mutior specified in.’ elause (i) of secion 3. 23. If the owner of an original plot. is. not provided with aw, ori the contsibution to be levied ii the total amount to be Provision for revi wach x lo eres from him under seetion 18 is Jess ayable to rom hho.fe ‘aa hua 24. (2) If feom any eainsé the total amolint hich Would {be due-to:the local authority uhder the rovinions of this Aob ya “us from the owner of a plot to be included inthe final polite pad ‘isQzeoeda the value of such plot dstimated on tho nex ation Hof soe that the scheme hus been Som; eted, the, ‘arbitrator’ Shall, petemayt “auth toquot ofthe local dutherly, net ae eer aka sate le gyner of 4abh omaypy, "Rpt to make jay ment’ to’ the local authotlty of Hic sneer Py ine ee of Maro vey At 7 (2) If euoli pwher fails to thake such paymont within Pike Too Ge Apportion thé compensation ‘among the dwiher and athar” Persons intorestod in ‘the plot on Payment by thé Jocul authority of the value of euch plot estiniated at its niarket : valuo at the date of the: declaration of intention to rake’ scheme and without reference to improvements. contact {the scheme; and thereupon the plot inoluded in the Bie wohem shall vest absolutely in the local authority, ‘free fror I! encumbrances but subject td the provisions of this Ast, Provided that the payment mate by the local: authority oh socougt of the value of ths. original plot’ ahall net be included in the costs of the scheine, : 35, All paymenta dud to be made to any person’ by ti lial 2 Sithority under this Act sball, as fares possible, be made by ‘an adjustment in auch perton’s account with the local authe fity In respect of the plot concerned ee of any other plot in which he has ansintorest and failing such adjustment shall: be: id in cash ot in such other way as may be agectd upon the particg’ wee a ed i (1) The net amount payable tinder the. ‘provisions of Bayaint af ‘ach by the owtier of Biot included in the final acheme ¢€ amotat ‘At the option of the contributor be paid in one sun or instalments insluding chargos for interest: a@ shill be be fixed by the local authority “with the sanction “of: thé © WProvinsial Government] in the City of Bombay or the : Pommissioner elsewhere. + 1 Hees ot Ban oe words '' Provincial Government"? were substituted for the worda “7: Govern (a Counc!” Ly the Adaptation of ladian Later Cesee oePowee of Iooal sothorty fomake’ ‘sgreement, Recovery of area, “Appoint. monvor rbitetor 16 Bombay Tern Planning [now (2) Whore more than nne plot includes in the final rehome ia in. the sane ownership. the “mek amonnt payable by aweh owner sinder the provinions. of this ‘Act shall be distributed coer hin severwl plete in. proportion to the ineemmnt whichis satimated to necrue in Fexpeet of each plot untess. the owner and the lacal authority agree to @ different | method of distribution. 27. (A local authovity shalt be cpmpetemt te make ay sgrennient with any perwon bt respect of any matier which is to i provided ferin a town- plunring scheme, subject to tho newer of — the UpProvincial Government} to inodify, sr diaillow euch agrooment and, unless ih in” stherwwise | expresely frovided therein, such «preoment “atiall take. effect ombmd: after. the day on which the town-planning scheme-comes into force. i (2) Such agreement shall not in any! way affect the dution ofithe «arbitintor or of the ‘Tribunal of Atbiteition as deseribed ia Chapter FV or the of third parties, but it lull he “biniding sn the parties to the agreement notwithstandiag ‘aay decision that may be passed by the arbiteator, or by, the ‘Trihunal of Arbitration : ement. be moditied — by all have rhe option. of Provided that if Qe a, Government, either parts avoiding it if he vo elects 28, Any sum duet che local’ amthority under this Act “which is not: poid on the day when it becomes due shall be recoyersd by the Collector, accorsting to faw and under the rules for the tithe being in force for the recovery of arrears “of ‘lamd-revenue,, on application “being “anadé to hier by the looal authority. CHAPTER IV. om Tie ARBEERATOR AND THY AwucrRAvOs. «hus. héew sanetioned | the Hl appamt) an arhiliabor 29, After a dratt » Provincial Coyermnen! | Chia wards Provincial € Uo gonecubr tata for the wort Sdaverner ii Chuagil™ ky be leaptation of tela Divs Onter an Councie AM AME Oy, S' with eufoiont establishment whos ution sholl--be dn. ' shoroinaftor provided. : oa 3. In nocordance with the prosoried -prootduté Dutlee the arbitrator shall : : ofthe (1) after notice given’ by him in the presotibed *o manner define find = ** 4, demarcate the, ae 28008 allotted (0, or reserved “for, tho Afpiiblie,.”” “or rannigipal purposes), and te reoonstitnted qilota 5 atbitentap. (2) after. notice given by lem In the prescribed” manner determine, in a case in which a teconstityted., ; plot is to be allotted to persons in’ ownerghip » in } gommon, the shares of such parsons ; (8) fix the difference betwera the totel of the values of » + 4) tho original plots and the total of the values of she plots ) included in the final schewe, in ecoordaneé with. the provisions contained in cla (a) of sub-seatjon (71) of section 16 ; . (34) determine — whether the areas. used, allotted or reserved for public o- municipal purposes fare beneficial wholly or partly to the ovners or residents within the aren of the scheme ; (8B) estimate tho portion of the ‘sums, payable as compensation for each plot used, _ allotted or reserved for a publie or municipal purposé which in boneficial partly to the owners or residents within the area of the scheme and partly to: vhe~ general public, which shall he incluted in’ te, costs of tho schere 5 (8C) calculate the contrition to. be . devied © fon each plot used, allotted or reserved for'a’ publid .. or rmnnicipal . purpose which is beneficial - partly to the owners or residents within the ares. of the scheme: and partly to. tho general piublio™ in accordance with the provisions contained in “proviso (iv) to section 1 (8D) determine the amvunt of exemption, if any, from the payment of ‘oontribution that, may be granted in respect of pluis exclusively occupied } for religions or obaritable purposes j] F (@) estimate the increment to acerne’ in ospect of each “plot included iu tho final scheme, in 5° geeordance wigh the provisions contained in: eection 17 ; \ in bia opinion negassar#” were omitted by. The words.“ where ‘Bom, 21 of 1938, 8.11 (a) (). " 1-2 athens ‘words wore mubetitutdd for ths ‘weds ".oual auteity Mbidy ip 1E (o)(). : Shove clanien wore inwostod, vbid,s. 1100) eaeCertain Yecisions ofthe arbitrator shall be fn 1 8 Bombay Torn Planning 2 [Romer (6) ouloutate. tha proportion in + which.” the inore- ineut of the plote inohiiod in tho: final Hoheme: shall Bo Jiabla te contthution ta the eusts-of- the scheme, in accordance with the provisions veontained in fotion 18 ; (6) onleulnte the contsibution ta> be levied | on each plot included in the final sehen; : (7) detormiua the amount to be dedueted from or added to, a8 the ei may “bo, “the: eonteibutions evinble from a permon, in “aegortane with * the provisions contained in sacvion 195 (8) provide for the toial or pactial” transfor of | any right’ in an- oririnal ‘plot, to reconstituted plot oe provide for the sxtinetion of way right in original plot, in wocartance wit “the. provisions contained in nection 20 ; (9) estimate in refers to, claim mae before him, aftor notice given hy hin in ‘the jroworibet > manner, the compensaliin to he pait"to the owner of any property or ciuht injurtoasty: alfeetod hy ‘the making of a tuwn-plioning * schema, — in aocordince — with the provisions contained in section 21 and subject to the, provisions contained in section 22 ; (10) draw up in tho proscribed forin the final sultenve in acwordbamvce with the dd Sehwavest provided that (@) he may, mnie varintions "front the dreft scheme 5 (ii) any variation stinmted by hime by involve an increas of tex pers eentwin ine the evsts of = the scheme as deseribint in sechiin 68 shall froqitire the sanotion of the 4] Proviucial Governyesnb] Provided further that he shall make no substantial variation without” the consent of the local authority and without . hearing ~ any objections that may * be raised) hy the owners concerned ; and that in the case of any substantinl variation made by him the owner concerned + shall have the right of append. to sw '[Provineial Government] 31. Exvept in matters, arising out-of elwueon 4(34), (3B), (8C)}, 44), (4), (6) and“(Y) of seution 0, aud subject to the provisos contained in clause (/0) ¥Ehe words" Provinelal Cuvssviaent™ wee outsdilute * Governor in Counoil” by the Adbsjtatiou of fur tho words jive Onde dn Causal # Phew igure, letters wink Hschula were insctiad “by “Wow, at of 1988, ou 1 unl If1 “ 8C),} (4), (6), (6) and (9) of section 30, tid arbitrator salle, oF 1916) ‘dat, 1918 ho, of deotion: 30, ‘every decision of thé arbitrator ‘éhal; *. be final and conclusive aid binding ort sil parsons," - 82, In matters arising. out-of olwuses .4[/34), (3B), Arbiinater shall ‘Idetermine] estimato of ealoulate what” is required by such clauses to be %dotorminod) ostimated matters: | -¥ or- calculated and shall forthwith make proposals oh all such matters to the President of the Tribunal. © o€Arbitration for tho decision of such Tribunal. phased 33. (1) The Tribunal of Arbitration shall odnaist of 4 Consi‘tution Tresldent and two Assessors, ‘ 7 atthe @) Tho Prosident shall, in’ the City of . Bombay, ‘ be Peitunalot ® person who holds or has held office as a Judge of fs ‘the High Court of Judicature, to be appolited’ by ores the Chief Justice, in the disttict of Karachi, “be. stidh Additional Judicial Commissionct as taay | be. appolntid by the Judicial Commissioner, . and :elsewhiere the Distriot Judge. : Soa id 4{(3) The: Assessors shall bo’ appointed by the President’ and shall be such persons as in his opinion ars impartial.) eof oe 3 (6) The Prosident arid thé Assessor bhall be appointed membors of the Tribu:al of Arbitration for such period as ~ may ba required by such ‘Tribunal to decide in vonnestion with a particular town-planning scheme all matters arising put of olauses 4{(34),' (3B), (2C),] (4), (6); (6) and (9). of tsotion 30. : Seog GN nary (6) The "(Provincial Government] may, if fit} ” thinks’: fit, remove for inability or misconduct or any other good and sufficient reason. “fan Assessor) appointed tinder subs: weotion (3).°* * * ey (7) Ifany member of the Tribunal of Arbitration is removed ;;, or dies or refuses or negleots to act or beoomes incapable ‘of acting, the authority who appointed such member shall .¢ <)>" appoint forthwith a fit person to take the place of euch’ member. ie %(33A. (1) The Arbitrator® shall bo present at _ the Artieator ye proceedings ‘before the Tribunal of Arbitration. Ho shall aa : advisory. i . . coapecity and “ histone ration, sures, otters and bracketa wore insorted, by Bom, 21 of 1998, =e 15h ecb, 18.68) Thin word ora in 2.18 (i. 8 { Buteeation (@) wee eubaifaied for the origina mcbeetion,- shi, MG ‘avinoial Government" were substituted for tho wards “Governor ia Council” by the Adaptation of Indian, Lawe Ordor in Orne word ti" wanscttated for the word ho bi, rrr ccectsted fn pole the haeon” hy Dei, fone» 14 Fe Peto wonia "or tao Arbitrator" wer ited, ti» 14) (i). * This weotion was inserted, ibid, 4. 16.20 Bombay Town Planning * from: 1 not be required to give evidence in such proceedings, but the President may require iin to assist the Tribunal in an advisory enpacity. : (2) When the Arbitrator is required under, sub-section (1) the Tribunal he shall, save vnere he is a salaried officer of Government, be entitled to sich fees as Government may from time to time determine.) $4. ‘The Tribunal of Arbitration may ‘sit either at the Headquarters of tho President or at any other place, “within the loval limite of his jurisdiction, which he may consider convenient for the decision of any matter before. such Tribunal. + . oe 35. Every patty to any proceeding before. the Tribunal of Axbitration shall be entitled to appour either in person or by his recognised agent. ; 36. All questions of law and procedure shall be decided by tho President, All other questions shall be decided by the President and the two Assessors or yz the major them. 37, (1) After making such enquiry’ as the Presiden: may think fit the Tribunal of Axbitration may accept, modify, vary , or rojoct the proposals of the.erbitrator and shall decide all ‘matters arising out of clauses (34), (3B), (3C)] (4), (), (6) and (9) of section 30. ‘ (2) Hivery deoision of the Tribunal of “Arbitration shall tbo final and conclusive and binding on all- persons 38. Nothing contained in this Act ‘shal be deemed to constitute the Tribunal of Arbitrution to be & Court. 39, (1) % * * the President of the ‘Tribunal ‘of Arbitration, And the 3[Assewsors} shull, save where they fre solariod {servants of the Crown], be entitled to such remuneration, either by way-of monthly salary or by way ‘of foos or partly in one way and partly in the other, as the S{Provincial Goverment] may from time to time determine, (@) Tho salary of | * * *~ }é President of the Tribunal of Arbitration or an Assessor who is a ‘storied *[servant of the Crown], and any remuneration payable under eub- seghion (1) Sand fees payable to’ an Arbitrator under sub- scotion (2) of section 33A} and all expenses incidental to the working of the Tribunal gftArbitration shall, unless the "eve fgoey, Iota ‘ad bracysta wore inierted, by Bom. 21 of 1038, ihe words ‘The arbitiutor ” yore omitted; i a). Tae rth he et et oy eae wort eaurventa. oc the Carn? wore ibited for the works sates et Gorerumene” by ke Adaptation of Indian Laws Onler i wonla * Proviucial Govorument™ were subatitived for the words s Governor in Count, sbi Cie Words au agbicator" were omitted, by Bom: 21 of 1038, 6 17 Ki), A {eae worky wore substitut xt for the words aieee of Governunent* by the Adaptation of tusliun Laws Ore in Count Tice done, itachels, euros and bebisr were inacrted by, Bum. 20 oF 193, #237) Ueow 1915) Act, L915 ‘Provincial, ~ Goverament} otherwim doturntiast, “ba’ defrayed oat of the funds of the local “authority and”: shall be added to the costs of the scheme, on 40. (7) After the Tribu of Arhiten n haa decided mnal | all matters arising out of clauses *{(3.4), (3B), (30),] (4), (6), ashemee jf (6) end (9) of section 30, the arbitrator shall forned the ; final scheme through the local authority to the ‘[Provincial Government]. [On receipt of the final echeme, the Frovinial Government may, by netification in the Oficial Garette, sanction the scheme or refuse to give such.) senetion, provided that in’ sanctioning the scheme the’ Provincial Government may make such: modifications a0 many in ite opinion be nocossary for the puyp:sés of correcting ‘sn brror, irregularity or informality.] (2) “{If Government sanctions ‘such scheme, it shall be stated in euch notifintion] where the final scheme is open.” to the inspection of the public hnd the price nt which copies may be obtained, and a date not earlier than one month after. § the publication of such notification shall be fixed as the date on’ which all liabilities created by the scheme shall take eff and the finel scheme shall come into force . ‘[Provided that the Provincial Government may from time to time postpone such date. by such period not exeseiling '. : | ghree months at a time as it thinks fit.| : > (3) On and after the diite fixed in such notification a town planning scheme shall have effect as if it were enacted inthis Act. “{40A.. If at any time a representation is made to the Withdrawal Arbitrator by the local autliority and a majority of the ewners 8 scheme, or the residents in the area that the scheme should be : withdrawn, the Arbitrator shall, efter inviting from all « Persons interested in the scheme objections to such Tepresentation, forward such representation, together with the objections, if any, to the Provincial Goverment. ‘After + g such enquiry as it may think fit, the Provincial Government méy, if the scheme has not alteady come into." , force, by notification in the Oficial Gazette, direct that the * scheme shall be withdrawn and upon such withdrawal no further proceedings shall be taken in regard to such scherio.] ‘wore substituted for the words “Governor in Council” by the Adaptation of Indina Laws Order, in ounell. "These figures, letters and brackcta wore inserted by Hom, 21 of 1938, - , 18 (i) (e). "These words wore substituted for the original words, ibid, a. 18 (i) (8) “¢Thee words wero substituted for the wonts “In a3ch notifestion, Ae shall be stated ",sbid, 18 (ii) (a). "This provno was inserted, iid 18 (44). 10, aBffeot of 2 bg Bombay Porn Planning [Bout 41, On the day on which the final ‘scheme odines into A 4 G Anal chome force — ,, (a) all lands required by the local authority’ shall, wales it in otherwise detonnined in auch scheme, -veet absolutely: in the local authority froe from ali encumbrances ; it (B all rights in original plots which haye - been reoonstituted shall determine end the. -revonstituted plots shall become subject to the rights. séttled by the; ‘ arbitrator. ie e 42, On and after the day on which the final scheme comes.” ‘into force any person continuing to ecoupy. eny land which he is not entitled to occupy under the final. scheme may, we acoordance with the presoribed procedure, Le summaril eited by the local authority. Pes x 43. (1) On and after the day on which tlie’ Baal scheme comes into force the local authority may after giving the preseribed notice and in accordance with. the provisions of ‘the scheme— 0 (a) remove, pull down, or alter ény building of other « work in the area included in the scheme which is such a8 to contravene the scheme ox in the ercotion. of carrying out of which any provision of the scheme has not been complied with ; (6) execute any work which it is the duty of any person to execute under the scheme in any case where it appears tothe local authority that delay in the execution of the: work would projudice the efficient operation of the scheme. (g) Any expenses inourred by'a local authority under this section may be recovered from the persons in default in the manner hereinbefore provided for the recovery of sums due to the local authority under the provisions of thin Act. . (8) If any. question arisos 2s to. whether, any building ie or work contravenes a town-planning scheme, or whether © any provision of a town-planning scheme is not complied with in the ercotion or carrying out of any such building or work, that question shall be referred to the #[Provinvial Govern- ment] in the City of Bombay or the Commissioner elsewh and ‘[its or his] decision shall be final and conclusive an binding on all persons. : 44. For the purposes of this Act. an officer appointed ‘under sub-section.(/) of séction 4, an arbitrator or o Tribunal of Arbitration may summon and enforce tho attendance of Sritnesses including the partios interested or any of them and compel them to give evidence and compel the production of documents by tho samo ineans and, as far as possible, in the eame manner as is provided in the case of a Civil Court by the Codo of Civil Procedure, 1908. ae adapta ane See aan Tho words" Provinlal Government” were substituted for the words ‘Governor in Council "by the Adaytution of Indian Lawes Osley in Connell Serer eae" tg or his” were subwzituted for the word “hia, i {qe bw logy: + dob 2978 . ee OP) oo APtR Vy, jurisdictions cant best be served by the making of a joint debe town-planning acheme, and the [Provineial Governinent} freee with auch opinion, a joint ‘Town Planning Board shall be constituted. ¢ (2) Buch Board bhall consist of tepresentatives of biol * * Of the several local autthotities and of Persons nominated hy: "f the ‘Provincial Government] in such proportion wa mney 3)" be proscribed. } hs (3) The roprosentatives of the soveral looal authoritisg |! shall be eleoted in tho prescribed manner on dates appointed | by the "Provincial Government] in the City of Bombay : ‘ahd by the Commissioner elsewhere, > i (@) Such Board, when duly constituted, , shall make 8 doolaration of intention to make a joint town-planning seheme in respect of the contiguous ateas in the ‘marine provided in section 9 and thereafter the procedure shall follow all the provisions of this Act and such Board shall have all i the powers and bo liable to all the dutios ofa local wuthority undet the provisions of this Act, 1, i (5) The. draft joint town-planning scheme shall speoify! the parts of the eoheme to be executed by tho several loos! authorities in the several contiguous aroas and the tovaral parta of the scheme shall, when notified in the final scheme ° have effoot in the soveral contiguous areas as if they are, ‘separate schemes : : : Provided that any part of a joint town-planning schertig may be exoouted jointly by two or more local authorities, 'y. . *{A5A. When any local authority ceasos to exist or ceases Vesting of to have juriediotion ove? any ates included in a towne a 4 ro} \ Hanning scheme the property and rights vested in auoh Iooal aff "| Guthority undee thie? Ace all, subject to all charges and suthorty " Habilites affecting the anine, vest in itoh other local auth ty coming o& authorities as tho "Provincial Government] may,’ wit cage | the consent of such authority or authoritins, by notifioution tere he in the Ofioidl, Gazette] direct; and such local authority a | of each ono of uch local anthorities shall haveall the-powers®’-.,'""5) ‘candor this Act in respect of such’ scheme or suck part of @ < scheme as comes‘ within ‘its’ jurisdiction which’ the Jogal- = 56 ¢ authority ovasing to éxist ot censing. to have juriadivtion had.) tee ee i 2 The words “ Provinolal Government ” were tit Governor in Oounoll” by. the, Adeptation o * Qouneil. : ¥ es < # Bootion 454 was inserted by Boma: 16 of 1080, {Tho words "Official Gace” ware substitu ‘Government the words Bombay hat" by the hing ofa Lae Orla a Geaoy Di me Je fOr Power to HsOB. GY) fatter Hes unnl wok vars n the feline en haw eonw iter three, fooud nathority coi On seoonink Of an evens, ive fnritiy ob informohiy, ths fodat authevity may apply in weiting to Lhe Provineiad? Gecomanont: for the essiskion of he scheme, (2) Ton reeniving sued application er otfmeysite, the Piveinerat Government is aotieesl th tthe variation raipiited is Hantiol. the Provincial Gavesinesont hall publish draft of such variation in the py ‘ manner (3) The deaf vavintion published sovior suleniction (2) Hull state every miaendment proposed tbe jiveie ine the scheme, ond Hany auch amendownt cchlew toa qnabter specified in any of the elauses (a) to (7) of xegtion §, Fhe dente wavigtion shall also contain such other partionlass as may be pressribved. t (4) The deati variation shall Jw open to ue ipisusotion of the publie ab the office ‘of Bhe Tonal anthony «aeing offiee hours. ae (6) Within one month of the date of outtigtion’ ob the draft variation any person affected thereby may itsimarieate in wrilingany objection to auch vayiiiinn Gav bts Prog ifoial Government Te sink the Col BY Mtoe emctciny the abjeetion for mute shutis (6), the Vrocineial Garcement may ot cqsilting He loont outherity amd adier making auch on yery as it mae’ think fit, by notification ia Che Official dtr (a) appoint aa Avistator eed 1 opeay thee provisions contained ot Chapter WW slat, » sommes bey woply fe nach devtt variation, as is or a adnatt aoheme sanetivned by the Proviricial Gowri ut or (i) makes tie variation wish « mb swlifieations, ot (o) rein 10 fine The variation (7) Benn Che date of thes aatifientios we keus th ther variation shall bake elfaet mg af si sass ees po: aa Power to 4B (2) YNotaeithestanding west romtaine (8 vary or bE] a town planning sclome way he ‘tine i Pete Teale eee weap tuning dnd savohlonet i iecunbines wilh t ‘ ew (2) Phe [Privincinl Gevesmuies | ee cnn of tho fea allen ity cor of aig pointes perrign, toe ty oe interested, nity sutieriye bie, ay ae tao be ‘al flewatte), necnks a town plannnyg std Dany an # Vat wrt, Hao ati BIE 42 "tor weeds" Procinedal Uaseraseenb wacit hy tha Adaya ati to Sepa wena UL ead aabatibteak tae ttn hes : ot rhe ws sca nme : ab after the special oifetinladoos of the tase the wchotne shuld bye 0 tevoked. er ods 47. Unk any time after the day.on which the final eheme ine ronie into force stich échethe is vatied oF fovoked, any person who haw. ineurred oxpetiditure for the pirrposd offs eared voniplying with dich scheine shall be entitled io. Feaplve revoke, gomponsation trot the Looal dinthotlty, in 0 far ae any, bhroh i oxpenditure ix rendered abortive by raabin pf the warinblen °° ot kevodation of siteh, schon. Hy, : meee ME abit i ‘ bay Hata. th the vent of w towWAoplanining, aoheme boing Anuar P rpidharet ‘or siniction to "he att gin a fina) ‘hsihe feat Poet joing tofuded by the Proviiibi we , ih ace i ‘Government th a find adhert? gheusa. ing devoid, the Provincial Hlovermnent may direok at 2 thie costa of the Hoherio’ shall be hort by the tore duthdrity mnciioned ft bb paid to the Toosl authority by she “dwnérs oésiobthed, saree yn i nich proportion as the Provincial Government muy’ it "Tench ease detontnine es 48.' Tf in the pinion of the “Provintial Government| rows + any fon! authority in not competent to oxercise ve perform. 5 fbn |. of meulerts: of ‘ile to xoniee of perform, any power thranglthsy ste Montano or duty imported upion it ubidny any of ts provision Bers ‘|| of this Act, the 4{Provineial Governthent], or sty: person oxoreli Yor porsans appointed in thin beball by Vhe 1 Provineial portorm Goleenanent, may exeruine such power or perio SHC A ea dhitys "led ee . ope imposed y ey A . aon n local P Vga cal ig a ‘authority. 4. 7, AB. No suid oe @thek lea Bedhge intl be mnaintaiied jot toga ‘of tha exorcise of any discretion cont wrod by thie yeecoedings Aot of ugainal any publi¢ servant ve person uly appointed V4 jranthorised ander this Adb in ‘teupbot of anything In goo faith done ae purporting to bé Horie under the provision? t thereot or the rules made thetetindss, i 50. (1) Nothing it tlle Inaiair Registrat | ahall bo deemed .0 require the registration of any plan-or map prepared; made or anotioned in couneoticn ee eqn vativa final achenle which hag cofne into force and which has uti a Anal | nob hoon fovokkedy! jjobsocd ee! : sm, (2) All quoly doduttenits, plans atid maps sal, for Ue purrioses of sections 48 ond 49 of the Indian Registration pit eTpu8, be deemed to havo boon and tot» cegleteret in pooordance: with the: provisions of that Act. Provided tab, decuinonts,” phina sine wraps relating 1 thd, sanctioned soheme shall by nocessible ty Uhe yuh J thd manner presoribedl | ; ivegisteition okdiawainent, © cig acotion was Inserted by Blt. : om worils “een fearing ; ae oepenoe ia guna by Ue Ada i LE ee Gr nL apo aba Be WIE el We hal a26 Bombay Loren Penning (hom, ee Kymreated BL Land needed for the parexe of a° tovenslamning cence Schein shall be doomed tbe tind n sndd tor « pubis pierpeeos within the meaning of the Land Avipisition Aet, (04 Tot 1808 + aquired 7 Servint ELA. Whore 2 municipality is superseded under” anbs 2 Irenwent | section (1) af wontion 179 of the Ronibay District BM icipal Bom. amanivi. Act, 190L, oF dissolved or supersaded ander dub-see' ian (7) hor Ragannicl of seetion 219 of the Bombay Municipal Borougia Act, Oe, or diulved 12, . Xvrit Oe & 1926. a (a) the person or persons appointed under classe. (b) . of sub-section (2) of the said section 179 of the Rambay i Dintrict Mimicips! Act, 1901, or under slave (0) 8 anb= tom seotion (2) of the said section 219 of the Bombay Murgeipal Mor; Roronghr Act, 1925, as the case may bo, shall he deemed 1°01 ty bo a municipality within the meaning of section 2 (a) Pam. of this Act, and may exercise all the powers and pefform «. all the disties of a local authority ander this Act during the 1926 Period of supersession or aissolution of such munievpality; (6) in the event of a parson or persons ‘ajpointéd a8 aforesaid -exercising the powers and performing the duties of a local authority under this Act, any properiy which may ‘under the provisions of this Aet vest in the lvcal authority exercising suoh powers and performing such duties, shall, + during the per'od of supersoxsion or dissolution of the * municipality, vest in His Majesty; and, ‘such property shall, at the end of thé said perivd, vest in-such municipality as the Provincial Government may, by notificatiqn in the Obicial Gazette, direct.) : Rates, 52, (/) The "Provincial Government] may rake ‘ules oonsistent with the provisions of this mutters not spevifieally enacted Hwereia, : (2) In particular und without projudies to the genetality of ths Joregiong power such rules shall be made to detsiinine tho following matters a : (u) they -veedure to be followedt by the officer uppointed to hold an enquiry for the purpos of deciding x disputed claim as tu ownership under soetion 5 i (6) the notice to be given under sechion 5; (c) the manner of publication of 'a deoluration of intention to make a schemé wunler sub-section (2) of + to provide for all , seotion 9 5 + (U) the manner of publication of » dratt where under B00 le iu 4 (e) the further particulars to be prescribed for inclusion - in the draft. scheme under olause (f) of scation 1b; inoelod by Bom. 28 of 1947, 4, 2 road with Boule Ubu gost wns ® ve aS Eve wotta * Peovjial Goverment" wore aubatibdted ir the word “overdue Goma hy tho Adaptation “UE ian tay Une he council,ois} Ad, 1915 fork {{(ee) the period within which: toont anthority “rhalf. Subcit s draft. howe ‘ander subscre ond the [etiod within which Govormuontmay nee or retinag ‘© uive sanction to it under mib-avoticn tion'14); (1) the form of the commencement ceriiivate. “to ho dection (2) ch lel authority nda vine fo) at ge Ie inclag of section 15 and. the eonstitions if to ho included therein {¢) the proredure to be followed by a Ieoal anthony ie oe —L (i) of section 15 ; : (h) tho time to be ollowed for making. a” claim! td" ‘compensation under section 21 + () fie period within "which paymeng w td by“cigde 4 to the local aythority under section 2: (J) the procedure to be Prescribe! undee ‘Sootioy ~'t 30 and the notices to he yiven den sub-scotions (), @) and. (9) of thut section : (I) the form’ in which the atbitrator is to draw up the +" final scheme under sub-section (10) of section 30; Ee # (@) the way in which . tho "[Provinvial Goverment} is to publish « notifestion relating to tio final wchae under subsscction (Z) of section 40 (m) the procedure to be followed by the! Joon authority in.wunmuatily evieting a person under sect 01 49 {n) the notice to be given by the loval vihority before it takes action under soction 43 ; (0) the proportion of eleoted and nominated persons ont «Joint Planning Board under sub-saction (2) of section 4h; (p) the manner of election of representatives of the feveral local authorities under sub-seotion (3)"of notion 45 R “E(pp) the manner of publication of a sleaft. variation 5 Under sub-sections (2) and (3), and the particulars a deait variation shall contain under’ subssustion (1) of section 40B 3] (@) the manner in which doompents, lay cid np fall bo made accessible to tho publiv undee the proven to segtion 50; Thin alaoae was inserted ty Bom. 21 of 1098, 6% () i) gabe words © Viovincial Government " were wabsiituird fee the fords Govomor in Cuuneil "by the Adaptation ot indisu, Laws sdke at j * TRle clause way inserted by Hora, 21 of 188, 29 to) (i,Mt hos 1915 (6) the preston tf tbe park oF the lacal rested in Ker Hing eehoue cot ay “oped for sev Vapeod foe see SS apetation ‘ithority with, che omnien sy idea in a 1° proceedings at avery: ah ferences and such VHS nay he oxpodiont a LLrrr—eSOSON 8 arbiteator apminted under this Aut: 3 {0) the (roeerture bo he followed by 2 Trilmnat of Athitration tider this Net (1) the proce edure te bu ont the followed gener Provisions sud objenta of this Ant (0) the extent uy in carcying which the proesatints af “Iocal authorities under iis A Shall be rege Hated by aun municipal or Joeal law applival ble te suk stntdiarities, HA) A vats na A contravention of final sehen p te spocifing elo mule this se any of the publishent trl Lin suri eishe day extent to Ra. Que contravention with an ay Re 0 toe continney ection way provide tab Provisions of this Awl ur of (ho F section 40 ar of Lite rutos whish, shall be pumishaite wilt fists hig 1 in the ease} Hiuning ition fine whied sos geen te ducing which such conten Cunvickion for the first such vo every day centienl tor exvontion,| {) ‘Che prover to mute rules under this Act sh!t to the cabdition of previous publiontion aajont {TWin sul seotion wan norte by Hoi BT at Hil 2b io MINAS: UNS Ar ron auviicsns Harnad Hamed”) Ww ra { =) aaad ras THE BOMBAY TOWN PLANING Act, 1815 °-” (BOM. 1 OF 1915). : G.N., G. D., No. 3772, dated 29th May 1916. i. Amended y GN, GD, No, 4566, dated 4h July 1916. by Amended by G. N., G. D., No. 740, dated 28th January I @.N., G. D., No. 2844, dated 30h June 1924. 1 N., GD. No. 2844, dated 2nd Fe 1926. Aminded by @. N., G. D.y No. 6271, dated 8th July 1925. © Amitnded by G. N., G. D., No, 2844, dated 8th October 192% Anidnded by G..N., G. D.,:No. 2844, dated 26th July 1930 iv, Anichiled by G. '. D., No. 6271, dated 27th November 1938: seine, Amebided bY GN., C. D., No. 2119/33, dated 25th Aprit, 1938. ie Amehided by @..N., @. D.y No, 315733, dated Ind April 1941, i Amended by G..N., G. D., No. 3157/33, dated 31st October £948," ., o ¥ In oxetbiee‘6f the powers conferred by soction 62 of the Bombay Town, Planning Act, 1015 (Bom. Tof 1915), the Governor in Council is plensedito mak, ithe folly rules, namoly :— :° Ws: Ta thoso rules unless there is anything repugnant in thelubjoct ot context, — (2) words or exprosiions which are detined in the Bornbay’ Town Planning Act, 1915, shall have tho samo moaning as in that Act, and i (t) “Section”, “sub-section”, and“ clouse’” shall_-mean, sespectively, 4 section, sub-section, or clause of that Act. . aa de. (1) The officer holding an enquiry into disputed ownership under section 4 ‘shall, as such enquiry proceeds, record a minute of the proceedings fi'his own band embracing the material averments made by the parties interested, the material ,parta of the evidence, the decision, and the reasons forthesame, 0". {2) Buch enquiry shall be in public and soven days’ notice.of the enquiry shall be ‘given to tho parties to the dispute: BRE Bi. %- Provious to entry under section 5.into'any building ar upon any enclosed court or garden attached to a dwelling house twenty-four. hours’ notice in writing shall be given to the owner or oocupier thereof, unless the owner or ocoupier has Given his consent to such ontry. . 4, Local authority's declaration of intention to make # scheme shall include a Fetatemont that if within ono month from ths date of publication in the Bombay iGoernment Gazette any person likely to be affected by such schor.e communicates writing to the Government of Bombay any objection or éuggestion relating to scheme the Government of Bombay will consider such objection or suggestion. 8, Alocal authority in addition to publishing a declaration of intention to preparo wa planning scheme in the Bombay Government Gazette, shall further publish declaration by means of an advertisement in one or more newspapers published ig the regional language and circulating within the jurisdiotion of the local authority, by posting copies of the advertisement in prominent, plnces in or near the atea dito be included in the scheeme and st the office of the local authority. The ¥ Bk H 1¢0—20306. : = Bombay Town Planning Ad, 2915. (A915 + Boma advertisement shall contain the local authority's resolution aki such declaration and shall intimate that the plan of the arva proposed to be ineluded in the svlome is open for publio inspection af the hend offen of the lotal authority during office ours. % ° 6. (1) The local authority shall call one ot more-meetingr*of persons ‘known. be to have rights in land or buildings in the acea included in a proposed draft scheme and of other persons known to be affected by the scheme, ptovided that tenants whose leases expire within a year of the date of the loval ‘authority's declaration of intention to make a scheme need not be culled. Dug notice of such nusting shall be given in the area subject to the jurisdiction of the local authority and shall he sent by post to all persons believed to have an interest in the lands included in the scheme, when their addresses are known to the local unthority, and also to any Government Department, or public body concerned. Such meetings shall be hold as oon as may be convenient after the Goveramant of Bombay has sanctioned the making ofthe scheme, and unless their is good reason to the contrary on the Jand included:ja, the draft scheme. (2) At mich-mectings the proposed draft. scheme shail “Le generally. desevibod andexplafited, and’, minute of each meeting shall be kept.» (3 Where the number of persons likely to be affected by'ithe sclieme is large, theflocal authority should ~here possible promote the formation of one or more committees of representatives of such persons. Inge ie-sasee it may be found a able'to-appoint a momber of the local anthiovity to be chairman of each comm Usy should be made of such committeos for the purpore of explaining the scheme to Tandowners, and for the purpose of discussion and consultatio:’ during the course of the preparation of a draft scheme under section 10. 5 (4) Before the final adoption of a draft scheme, ail objections shall be carefully considered, and thie proposed scheme shall, with due regard 40 the interests of the Piiblic, be modified s0.as to meot:as far as is p-ssible the wishes of persons interested, (G) The publi mesns of an “a tion of a draft schemé‘under section 10 of the Act shall be by rtisement in the Boihbay Government Gazette, and in one or snore newspapers published in the regional language and circulating within the jurisdiction of the Joval authority, and by posting copies of the advertisement. in’ prominont places in or near the area comprised in the scheme and at: the office.of the local authority. The advertisement shall state the fact of a draft scheme, having: been~ prepared and the limits of the arca comprisest in the scheme eng shall intinyte that scopy of the scheme is open for public inspection at the head ofjce of tho local authority during office hours. It shall also recite section 19 of the Act. The dato of publication reforred to in section 13 moune the date ow which the Bombay Govern- ment Gazette containing the advertiscmen’ is published. 7, A draft scheme shall contain in addition to the partieniars specifiod in clauses (a) to.(¢) of section 11 the following particulars, namely (i).A map on a scale not smaller than one inteh to the milé’showing the area included in the scheme and the country within af leat 2 miles of ‘that area on every side. Such map shall show in particlar all existing roads and lauds proposed to be reserved or alloited for roads in the scheinw and all existing arid proposed means of communication of overy kind. (ii) A plamon a scale not smaller than 200 feet tw the inch showing the original plots with identification numbers and all existing buildings. « ‘| ls : - a 1815 + Bom.) Bombay Town Plannitg ctet, 1916 F y showing both the i * (iii) A plan on a scalo not amaller than 200 feet to the h it is proposed to aiter the boundaries of original plots and the manner in wh original plote, ; (ie) Aplan ona scao not staaller than 200 feot of plots. ax it ix proposed that they will appear fs executed such plots being numbered socially, ‘hiv 2 pomihle, by means of colour, Spnvenictit snannor, gll auch provisions od in a plan. Te shall also show auch lovels ‘aa shall ilustrate as far (0) A re-distribution and valu ation atatomont in Form A showing the estimated Amounts to he paid to of by ench : of the owners included in the scheme... © a (0%) A oopy of the oatimates of all works contemplated it the scheme and t.atatomont of the daton on which it is anticipated that the respactive works will be comploted. Tho approximation of datas must be correct to within élx monthe aad the local authority shall ba bound hy thes datos in tho case of owners whose contributions ar affected thormby. é (cil) A statoment in Form B explaining thn financo’of the schome as ostitisias, 8, (1) The period within which m local authority shall subuait a draft: scheme to tho State Governmont under sub-section (7) of sootion 14 skal be four monthe fronl tho date of its publication wndor sub-soction {/) or sub-section (2) cf soction 10, 3 tho caro may bo: Provided that tho State Govor + a Further poriod not oxconding +5, Ioea} authority in that behalf. 4 (2) Tho local authority’ shall submit along with the druft echeme— Be (i) copios of tho minutos of meotings hiold under tule § and partioulars regard- Hl Tag any roprosontative committoe ‘appointed under that tale ; {up , () partioulars of tho ato BGHb deaf sohome ; and nmont may, if it thinks ft, oxtouid stich poriod by ps taken to cousult owners in’ the preparation of tho ey Particulars of the manner in which thy draft echeme has boon published , tale rule 6. Hl (3) Tho draft schome and the papors referred to i « sub-rule (2) shall be sub- Ht hited in duplicate, i fee (4): The period within which the Stato Government may sanction or refuse to hanotion to # draft schemo under sub-soction’(2) of eodtion 14, shall be twelve anths from the date of its submission to the State Government tthder eub-acotioa of section 14, 7 R ae : ok commencement certificate undor clauss (4) of sub-soctiot- (1) of sootjon 15 gf stall be in Form C, 10.. (1) A looal authority, for th purpose of the enquiry a ‘stb-seotion (1) of section 15, shall sorve a 7. ticu upon such purson calling upon $0 show cause why ho should not be dirostod to remove, pull down of alter ov Bk H 160-200 i roferzud to in clause (0) 0 the inch showing the boundaries ‘ter the final - scheme Or contouith as may be necessary for # propor understanding of the scheme, : «l explanatory notes, or in some other. throo months, on the application in writing. of the \.. »,308 “Bombay Pou Plannivg Act, 1915 Ay any building or othér work in the aroa inoluded in a selieme-in rospoct of which the provisions: of clause (a) or clause (8) of sub-section (1) of the said ' sogtion 15 hays ‘pon contravened and fixing a date not earlier than voyon' days from the date of service ofithe notice, for tho hearing of tho case, : @) The local: authority, if ib considers it oxpudiout’ to’ do, may appoint ‘ committee of not loss than 3° of its mombors to hoar such cases, __.@) Any: roprosontation which may bo mada by the pyrson served with the notice in porson pr by rocognizod agont on the day appointod or which maybe received in writing by stich day, shall bo duly considered, A minuto shall be kept of tho proceodlings by tho prosiding officer and tho reasons for the devision. shall be stated. ‘Tho docision shall be signed by tho persons passing it. % : 11, Inthe City of Bombay whon an arbitrator ios boom appointed, the authority authorized by section 33 (2) to, appoint the president of the tribunal of arbitration hall bo forthwith roquested to make such appointment end to communicate the name of the porson nppointed to the Stato (lovoinment, 12, ‘Tho appointmont of an arbitrator for a town planni gschomo of of a president of a tribunal of'arbitration shall bo notified in the Bombay Government Gazette, ‘and shall. be communicated to the local authority concerned. ‘The local authority, shall, immodiatoly on roceiving from the Blate 6 mont information of the appointmont, post up at the office of the local and in smo prominent Tico ‘within the area of the juriediction of tho local authority s odpy of the Govern Bont Notification appointing the arbitrator or the President, av. shall give in the copy their addresses. y 13. Tho local authority shall rondor all reasonable-adsistance to the arbitrator + gn hall allow him to oxamine freoly all payors, documents, and plans conneoted with the scheme. : . 1b, Procaiture of the arbitrator— : (1) Roforo commencing the préparation of tho final schoo tho arbitrator ekgll give notice of the date on which he will commonce ‘his duties and shall stato thoroin the timo, as provided in. rule 15 within which the owner ‘of any property or night is injurionsly affected by the making of town planning stheme shall be entitled under section 21 to make'a claim before him. Such notice shall be ‘advertised in one or more newspapers published in tho regional "language and citeulating within the jurisdiction of the local authority. and sliall he posted in prominont places at or near the aroa comprised in the schomo. and at the arbitzator’s office. * i (2); After the date fixed in the: abovomentionod notice, the: arbitrator shall ‘eoutinue to, carry on his dutios as far as possible on all ordinary working diye gnd during ordinary working hours. - (8): Spocial noticd of at loast twenty-four hours shall bo served ypon tiv potsons {utorested in each plot or particular comprised in the schome, bofote thd arbitrator ‘proceeds to deal in detail with the portion of tho scheme zelating thereto. ‘Tho Totine shall also bo posted at the arbitrator's ofice. | Such notice hall bo given . in: thg cages ‘montioned in sub-section (1), (2) end (9) of zeotion 30 ‘and in any other casos Whore any persons havo not heen ficiently informed that any matter ‘gfleoting them is to be considered.(@) The arbitrator shall: give. all onions aflooted: by’ any ‘portioilar ‘aghemo sufliciont opportunity of stating their views and halt wot pees any de il ho has duly considered their representations, if.any. "vy Fae (6) The procoodings shall hot. be conducted with tho. formalities .of = proceedings, but whenover there are conficting claims or any difference, ~ With regard to any portion of tho scheme the arbitrator shall ‘ocord © aminute in bis own hand setting out the points ab iso snd the novessary parti lars, and shall pass ‘a oloat. dopision with the teasons” therofor,,. All. such tan shall bo append to tho scheme, |= zh (0) The athjtrator shall reonrd and entor in the echetno bvery Asolsion yy him under sub-sections (1); (2), (3). (?) and (8) of soction 30, The calculations “and estimates required by sub-seotions (34), (8B), (30), (3D), (4), (6), (6) and.” G) of section 30 shall be fully sot out and clearly recorded. ee | (1) The final echome drawn up by the arbitrator shall contain the particulate pocifed in rile 7. . en (8) ts componont parts of tho schente shall be so arranged that-they may be 0a ily’ bet ferrod to in connection with the map and plana, LL-A, ‘Tho Hoad of tho Town Planning and Valuation Department in respect of hil town planning achemos in the Staro ‘of Bombay may, in accordance with the final hone drawn up by tho arbitrator under seotion 0 and rele 115 isang @ obrti- Fate in Form D specifying the area and boundaries of a reconstituted plot, the Se ,—C—=eE=_——=—r——— person to whom the plot has oon allotted undor the final sehome; 16, The tin within which sho owner of ony property ov right which is injusioney affeoled by the raking of a town planning aohete sball be entitled onder sseHion aL are eeo claim before an arbitrator shall be three months from the date fixed fe he hotive given by the Arbitrator under sub-rulo(2) oF rule 1 for the commence: ment of “his duties. 16, ‘Tho period to be proscribed under sul-seation (2) of section 24 shall be one jaonth frum the dato on which the owner is directed by the arbitrator under gub-eection (1) of section 24 to make payment, 11. ‘Tho president of the tribunal shall, within one month of the date on which ho receives ffom the arbitrator the proposils referred in section 32, appoint tin impartial porson as assossor uncer section 33, and shall report the name of the person appointed to the State Government. |The fact ‘that the tribunal hes been Peratitutell and the person constituting it shall be notified in the Bombey Govern- sont Gazette, vommunicated to the local authority eoncerned, and notified by the Tooal authority in the manner prescribed in rule 12. 18. Procedure of the Tribunal of Arbitration— (A) No bisiness shall be transncbed by the tribunal tuntogs all the mymbers are present. (2) Whete any member of the tribunal coases Lo act aviler suy-section 47) of sation BB, the tribunal shall proceed with any business ‘hand as g00n 88 peter monjber ia appointed ant it-sball not be nesessnry ko Un! t any business A yo by yeason of such change in the constitntin of the tribunal.© Bombay Town Planning Act, 795 (bi Bom ae 9) Ths tribunal chall record thei reasons in writing in any caso where t proposals of the arbitrator undor clauses (3-4), (2-2), (30), OD), ano, 16) and (0) of aeotion 30 aro modified, varied ‘or rejected by them." "I" ? | .1) Before each port of a scheme is taken into coneideratin, ‘ie tel | give such notice as they doom sufficient to ‘the parties interest. i eee ee (6) Tho tribunal shall mest and adjourn as they think proper with ‘40 the despatch of business. i hk proper Th dap ane yo, -tthe publication by the Government of Bombey nderseption 4¢ of a notifies | tne etating to the final scheno forwarded by the »trator shal be by eer of | am advertisement ip 030 of more novaneperS published. in the regiooal langunge find cirovating within the juiadiction of ‘the local authority concerned, and by porting copies of the advertisement in or near ‘the aron included in the scheme and BoMehe office of the local authority. 20, When a scheme is sanctioned by the Government of Bombay under sub- section (J) of section 40, the arbitrator shail without delay forward a copy of the | __— ‘lor that, the survey records may be corrected. © ga. (1) The local authority shell proceed as follows against any, persone lisble tagbe mmmarily ovieted uniter sretion 12, ‘Tho local authority shail in the first Wegfpnee serve a notice upon such pomon ma jim within suck time is may 1 eeronable after receipt of the said notice to ven» ‘the land, dnd, if such | © SeRon tails to comply with the notice, the Toca! cuthority shall depnte an officer ‘or.servant to. ‘remove him. {@) Tsuch porson resists ot obstructs te officer,or, after eviction, re-oooupics wf tand the local authority shall proseoute him cader section 188 of the Indian Penal Code. : ap, A local authority before removing, Peg down, or altering ény building ox athes work under clause(a) of sub-stion (1) of ‘ection 43 shall give not less than seven-days’ notice of its ‘ntontion to do so to the owner or ocoupier, if any, of such . puilding or other work, ‘ 95, | Alooatauthorty before exeenting any work ander olanso(@) ofaub-section (1) Sof scotion 43 shall give not less than sere Guys! notice of its intention to do 60 to the person whose diity it is to execute the works” ' : 934, (1) Any local , authority making sn application for the variation of ‘a ocheme under aub-seotion (2) ‘of sootion 45B sholl state in euch application all the particulars j. respect of the ‘variation to bo made. ‘ (2) Tf such. ‘variation affects. any, “of the items in Form A (Redistribution and ‘Valeation Statement) of Form B (Winance! ‘stavoment), prepared in, connection with Malnatveme an extract from Form A and & raged Statement in Form B, together iti h plan showing tho change or changes ‘proposed to he made, shall be sent along. With AES application made under sub-rule (). Y : {@) The application avid the papers voferrod to in subrule (2) shall be seh to the State Government in duplicate. é (4) ‘The publication of tho draft variation wncor sub-scetion (2) of section 458 > ghall be made by means of & ‘notification published in the ‘Bombay Government Gazette Ag shall be Mo newspapers circulating Within the {ariaietion of the Toest, authority.1018 ¢ Bom. 1) Bombay Pown Planning Act, 1915 Such notification shall also stato that any person aiTocted by tho dra‘t Variation may communicate in writing any objection to such variation te the State Govern- ‘ment through the Collector and the Commissioner and that the draft, variation . shall be open to the inspection of the publio at the office of the local authority durh office hours. The State Government shell also supply, the local authority. wil such nuigber of copies of the notification; not exceeding 16, as the local authoz:iy ‘may require and such copies shall be affixed by the local authority in promizient places within the area affeoted by the scheme and more particularly within the area “affected by the draft variation, | (0) Whiena variation is mado under sub-section (6) of ssotion 4B, tho Arbitrator, {and where’ no. Arbitrator is appointed, the Collector concerned, shnil as soon a8 “may be forward a copy of such variation to the Superintendent-of Land Records who shall correct the Survey Records affected by the variati S: 1/24. (1) Doouinenta, plans and maps relating to a sanctioned scheme made by £ local authority shall be open for public inspaction at the head office of the looal ‘Authority at any time during the office hours of the local authority fur a period ofsix: tipatle from the date of the Bombay Governinet Gazette in Wuica the sanction lished. 7: ©°42). All final town planning sohcrses, shall, on the expiry of the poriod ‘mentioned {jn sub-muilo (1), be lodged with tho Town Planning and Valuation Department ‘bf the Consulting Surveyor to Government. 25. All notices required to be served upon any person under these rules shall nless otherwise provided be served as nearly as siny be in the mauner Iaid down in the Code of Civil Procedure, 1908, for the servicw of a summons ons defendant, (98. The proceedings of local authorities under the Bombay Town Planning , 15, shall be rogulated by the municips! cr local law applicable to suo ee so far as may be consistent with the provisions of that Act and. these 27, Any person who contravenes any of the provisions of the Act or of a final seheme published under section 40 shall, on conviction, be punishable with fine "which may oxtend to Rs. 1,000 and in the case of » continuing contravention with Tn additional fine which may extend to Rs. 10 for every dey during which such fontravention continues after convition for the frst such contravention,aie © Bombay Town Planning det, 1915 Wee § FORM A. (Rates 7 and 14) : Town PuaNsina Sonus Redistribution and Valuation Slalement, Fis Osan SE SESE Si nce ed i ORIGINAL PLOT: RIKAL PLOT, {06 : ‘Yeluetn Rupees. : ‘atnla Bane, 24 (ight Rama @t Tears, -Kbmber, ase! ‘wucvout anduaive Number. Ares ome aterepe sae ‘ ‘rene €o, vate ‘fatto tare. itnon vor Deatandtsom Tocrement Conta at AAdHIOL LOC) ota anes GE see ect” ate es GHeIES ctere aac” om che strkures SEEESEGE. situps oF cobs walon, 4 i SSE" Eedotenge othe cabs, mee tse, 8 e108 noe eae ” m Tes im ia co FO gota. rm oe te Tanta of x aunt yard na or ber sl Fe taken te the walt are,1915: Bom.t) + Bombay Poin Planning Act, 1915 BLS FORM B. (Rule 7). Figaice of Town Planning Seheme of th : ue , (None of loox! wuthority). Data oo. eRe Fapoiven unor notion 3 (o) (8, (J) al (0) . “ = _ Othe expensest— geno shown nH elation at enti lament (total of Gol. Mot Gost of puntication under mction 02) and under section 107) (al 6 and 0) Copapenantion wnder tection 18 (2) 5 7 Tint oxponses-under seotion 16) : Gomponsation undor section 21 : Gost of domaroation, antarios of athitrator and Trihuaal of Arbitration anu thoir stat ‘and other oxponsen ner aootion 39 (2) fa si Ea (forat Yotht of inromsints (Jol. 12 of on A) Rs. Panpocion of inoroment to bo coteibuted. by enol hor (nebon 1A) % (i) Total of the oontsibutons vader sovion 18, Ts Net. com of echeme to local duthorty {(a}—(6)} Ra. ’ — dotail (soctions or authority to be quoted) Nore. —The sign (—) boforo an itein of exponse indicates that the amount is payable to the loon! ‘aathority. "Particulars should be insortod showing how the not cost of the schomme:to the looal authority's pro- ‘posed to be met, i FORM. t (Rule 9). Commmronsione Crerirroarn. ‘Permlaion is herchy granted, under section 16 of the Hombay Town Manving Adt, 19 (Mew'sy E of 1018), t0° tot fon the following. condition, vis “Namie of person.sua Boribay Town Planning Act, 1918 - (1918 + Bom: FORM D. Bompay Town Pranwino Act, 1916. , “Certifeate of Tenure ani Tilo, “Town Planning Scheme $ Po. , [Suaetionad ender Goverment Nodifenion, Popeetmont, No. dated ae SG a pb pare if Sombay Government 4.@.0r Sq. Yas, Final Plot No, Aen 7 Reputed owner Mr. Present occupant holding tho land on year ease ine Date Mr a Sketch of Final Plot’ No. (ore Jer the skoted) Teanre—Ostinary Rayatnal or Inns or ny ott oth can may bo wih toranc. 0 Hates dE thors ave diftronttonuron for diferent. poviiora ofthe whole Yok rhose wil beckons feparatoly on the plan being divided by w think chain line). Tiite.—-(Heve doseribo the nature of the owner's titie ax iound by the Arhitrator oF Special Oftleer appointed under xoetion sh OF the said Act}. Rig the ori her. {If the owner of the plot has any apecisi rite Grnsfivred to ies final plot from nal plot or any new righte given to fim cocss the scheme those may he entered \_Disabiitioss {Righta of any other owner ox par02 0! ‘iain mio gs saorbgage OF ease- ment, cte., nay bo entered here). Note—(1) ‘Tho above plot shall be held subjeot vs aii tio restrictions and rogulations specifiod in the “abave™ Town Planning Schomo s+ ‘finally amietioned: 7d publishod by Government. under Notification No. + deted ‘and et regards caseanment aubjeot 40 tho provisions of the Bombay Land Ravens Ci de, 1979, andor tho ruler and orders from time tQ timo issued thereunder, (2) No buildings or excavations or any other alterations shall be carried out. in the above plot foxsopi with spacial written permission of the local wstivrity:taving’ furadicsion over tho aren fit tho Vimo and in accordance ‘with tho provisions of he maid Sehewo, (@) Tho hotder of this crttcato may apply io tho Callestor to inv th saben and. nature ot Yaa eaentans andthe potod of guoreaton shown on the certfeate, ‘he “Caletors Secon sal ddire thet no agrelevralatyrncen ie, exten Ov aye fam ie seme Teeiton should the lend be sppropiated to anv ion-agricstoral uoapotion of th Bombey ‘and "Revenve Code, 1870. (4) Any other special regulation in rexpoct of thi love plot "Thie oorttiente is granted under rulo M4A of the rules wier the Bombay ‘Town Planning Act, 1016, ‘ab a prima facie proof of the tenure and title of the owner above iiamed: aud eball be valid tunloys declared, Othecwiso by a decree from a Ciil Court within the period of limitation from tho date heroof, by and wader the hand und ron) of tho Cousulting &p.veyor to Government ‘The dayot Ono thowtasd_nine Geto, ny Snub Dit? Tntied ond Av. : onaulting Surveyor to Coremament Collestor, Bombay “Suinrhan Distrib.

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