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The Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973

(No. 23 of 1973)

Last Updated 5th November, 2019 [cg110]

Note. - The amendment made by C.G. Act No. 20 of 2002 were withdrawn by C.G. Act No. 20 of 2004, hence there is no footnote of the above amendments.

Chapter I

Preliminary

(a) "agriculture" includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching grass, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, and the use of land ancillary to the farming of land, but does not include-

(i) keeping of cattle purely for the purpose of milking and selling the milk and milk products;

(ii) a garden which is an appendage of buildings, and the expression 'agricultural' shall be construed accordingly.

(b) "amenity" includes roads and streets, water and electric supply, open spaces, parks, recreational area, natural features, play-grounds, street lighting, drainage, sewerage and other utilities, services and conveniences;

(c) "building" means a house, hut, shed or other structure for whatever purposes and with whatever material constructed and every parts thereof, whether temporary or permanent and whether used as human habitation or not and includes a well, latrine, drainage work, fixed platform, verandah, plinth, door steps, compound wall, fencing and the like; and any work connected therewith but does not include plant or machinery comprised in a building;

(d) "building operation" includes-

(i) erection or re-erection or demolition of a building or any part thereof;

(ii) rooting or re-roofing of any part of building or an open space;

(iii) any material alteration or enlargement of a building;

(iv) any such alteration of a building as is likely to alter its drainage or sanitary arrangements, or materially affect its security;

(v) the construction of a door opening on any street or land not belonging to the owner.

(e) "commercial use" means the use of land or building or part thereof for the purpose of carrying on any trade, business or profession, or sale or exchange of goods of any type whatsoever and includes running of with a view to making profit, hospitals, nursing homes, infirmaries, educational institution, hotels, restaurants and boarding houses (not being attached to any educational institution) sarais, and also includes the use of any land or buildings for storage of goods or as an office, whether attached to an industry or otherwise;

(f) "development" with its grammatical variations means the carrying out of a building, engineering, mining or other operation in, or over or under land, or the making of any material change in any building or land or in the use of either, and includes sub-division of any land;

(g) "development plan" includes a zoning, plan;

(h) "Director" means the Director of Town and Country Planning appointed under this Act;

(i) "existing land use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map, and includes the register prepared, with the map giving details of land use;

(j) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(k) "local authority" means-

(i) a Municipal Corporation constituted by or under the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956):

(ii) a Municipal Council or Nagar Panchayat constituted by or under the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961);

(iii) a Gram Panchayat constituted under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994).

(l) "member" means a member of a Town and Country Development Authority or a Special Area Development Authority, as the case may be and includes a Chairman thereof;

(l-a) "natural hazard" means the probability of occurrence, with a specific period of time in a given area, of a potentially damaging natural phenomenon;

(1-b) "natural hazard prone areas" means the areas likely to have-

(i) moderate to very high risk zone of earthquakes; or

(ii) significant Hood How or, inundation; or

(iii) landslide potential or proneness; or

(iv) more than one of these hazards.

(m) "occupier" includes-

(i) a tenant;

(ii) an owner in occupation of or otherwise using his land;

(iii) a rent free tenant;

(iv) a licensee;

(v) any person liable to pay to the owner, damages for the use and occupation of the land.

(n) "owner" means the owner of land or building and includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on behalf of or for the further benefit of any other person or as an agent trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a Head of a Government Department, General Manager of a Railway and the Chief Executive Officer, by whatever name designated, of a local authority, statutory authority, company, corporation or undertaking in respect of properties under their control;.

(o) "planning area" means any area declared to be a planning area under this Act and non-planning area shall be construed accordingly;

(oo) "Reconstituted plot" means a plot which is altered as a result of preparation of a town development scheme;

(p) "region" means any area established to be a region under this Act;

(q) "regional plan" means a plan for the region prepared under this Act, and approved by the State Government;

(r) "slum" means any area declared to be a slum area under Section 3 of the Chhattisgarh Gandhi Basti Kshetra (Sudhar Tatha Nirmulan) Adhiniyam, 1976 (No. 39 of 1976);

(s) "special area" means a special area designated as such under Section 64;

(t) "Special Area Development Authority" means an authority constituted under Section 65;

(u) "town development scheme" means a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority and includes "scheme";

(v) "Town and Country Development Authority" means an authority established under Section 38;

(w) "zone" means any section of a planning area for which, under the development plan, a detailed zoning plan is prepared;

(x) Omitted.

Chapter II

Director of Town and Country Planning

(a) Additional Director of Town and Country Planning;

(b) Joint Director of Town and Country Planning;

(c) Deputy Director of Town and Country Planning;

(d) Assistant Director of Town and Country Planning; and

(e) such other categories of officers as may be prescribed.

Chapter III

Regional Planning

(a) declare any area in the State to be a region for the purposes of this Act;

(b) define the limits of such area; and

(c) specify the name by which such region shall be known.

(a) alter the limits of a region so as to include therein or exclude therefrom such area as may be specified in the notification;

(b) amalgamate two or more regions so as to form one region;

(c) divide any region into two or more regions; or

(d) declare that the whole or part of the area comprising a region shall cease to be a region or part thereof.

(i) to carry out a survey of the regions;

(ii) to prepare an existing land use map; and

(iii) to prepare a regional plan.

(a) carry out such surveys as may be necessary;

(b) obtain from any department of Government and any local authority such maps, survey reports and land records as may be necessary for the purpose.

(a) allocation of land to such purposes as residential industrial, agricultural, or as forests or for mineral exploitation;

(b) reservation of open spaces for recreational purposes, gardens, tree belts, and animal sanctuaries;

(c) access or development of transport and communication facilities such as roads, railways, waterways and the location and development of airports;

(d) requirements and suggestions for development of public utilities such as water supply, drainage, and electricity;

(e) allocation of areas to he developed as 'special areas' wherein new towns, township, large industrial estates or any other type of large development projects may be established;

(f) landscaping and the preservation of areas in their natural state;

(g) measures relating to the prevention of erosion, including rejuvenation of forest areas;

(h) proposals relating to irrigation, water supply or flood control works.

(a) the existing land use map and the narrative report thereon;

(b) a narrative report supported by necessary maps and charts explaining the provisions of the draft plan;

(c) a note indicating the priorities assigned to works included in the draft plan and the phasing of the programme of development as such;

(d) a note on the role being assigned to the different departments of Government, the Town and Country Development Authorities, the Special Area Development Authorities and the local authorities in the enforcement and implementation of the draft plan.

Chapter IV

Planning Areas and Development Plans

(a) alter the limits of the planning area so as to include therein or exclude therefrom such area as may be specified in the notification;

(b) amalgamate two or more planning areas so as to constitute one planning area;

(c) divide any planning area into two or more planning areas;

(d) declare that the whole or part of the area constituting the planning area shall cease to be a planning area or part thereof.

(a) prepare an existing land use map;

(b) prepare a development plan;

(c) x x x

(d) carry such surveys and inspections and obtain such pertinent reports from Government departments local authorities and public institutions as may he necessary for the preparation of the plans;

(e) perform such duties and functions as are supplemental, incidental, and consequential to any of the foregoing or as may be assigned by the State Government for the purpose of carrying out the provisions of this Act.

(a) no person shall institute or change the use of any land or carry out any development of land for any purpose other than that indicated in the existing land use map without the permission in writing of the Director :

(b) no local authority or any officer or other authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land otherwise than as indicated in the existing land use map without the permission in writing of the Director.

(a) indicate broadly the land use proposed in the planning area;

(b) allocate broadly areas or zones of land, keeping in view the regulations for natural hazard prone areas, for-

(i) residential, industrial, commercial or agricultural, purpose;

(ii) open spaces, parks and gardens, green-belts, zoological gardens and playgrounds;

(iii) public institutions and offices;

(iv) such special purposes as the Director may deem fit;

(c) lay down the pattern of National and State Highways connecting the planning area with the rest of the region, ring roads, arterial roads and the major roads within the planning area;

(d) provide for the location of air-ports, railway stations, but terminus and indicate the proposed extension and development of railways and canals;

(e) make proposals for general landscaping and preservation of natural areas;

(f) project the requirement of the planning area of such amenities and utilities as water, drainage, electricity and suggest their fulfilment;

(g) propose broad based regulations for zoning, by way of guide lines, within each zone or sector of the location, height, size of buildings and structures, open spaces, court yards and the use to which such buildings and structures and land may be put;

(h) lay down the broad-based traffic circulation patterns in a city;

(i) suggest architectural control features; elevation and frontages of buildings and structures;

(j) indicate measures for flood control, prevention of air and water pollution, disposal of garbage and general environmental control.

(a) Mayor of the Municipal Corporation or President of the Municipal Council or Nagar Panchayat, as the case may be, which wholly or partly fall within the planning area;

(b) President of the Zila Panchayat which wholly or partly fall within the planning area;

(c) Members of Parliament representing constituencies which wholly or partly fall within the planning area;

(d) All Members of the State Legislative Assembly representing the constituencies which wholly or partly fall within the planning area;

(e) Chairman of the Town and Country Development Authority, or Special Area Development Authority, if any, which wholly or partly fall within the planning area;

(f) President of the Janpad Panchayat which wholly or partly fall within the planning area;

(g) Sarpanchas of the Gram Panchayats which wholly or partly fall within the planning area;

(h) other persons not exceeding seven to represent specific interests to be nominated by the State Government;

(i) an officer not below the rank of Deputy Director, Town and Country Planning to he nominated by the Director, who shall be the Convenor of the Committee.

(i) the existing land use maps;

(i-a) the natural hazard prone areas with the description of natural hazards;

(ii) a narrative report, supported by maps and charts, explaining the provisions of the draft development plan;

(iii) the phasing of implementation of the draft development plan as suggested by the Director;

(iv) the provisions for enforcing the draft development plan and stating the manner in which permission for development may be obtained;

(v) approximate cost of land acquisition for public purposes and the cost of works involved in the implementation of the plan.

Chapter V

Zoning Plan

(a) indicate the land liable to acquisition for public purpose for the purposes of the Union Government, the State Government, a Town and Country Development Authority, a, Special Areas Development Authority, a local authority, a public utility or any other authority established by or under any enactment for the lime being in force :

(b) define in detail and provide for areas reserved for agriculture, public and semi public open spaces, parks, playground, gardens, recreational areas, green-belts and nature reserves;

(c) allocate in detail areas or zones for residential, commercial, industrial, agricultural and other purposes;

(d) define and provide for the complete road and street pattern for the present and in the future and indicate the traffic circulation;

(e) lay down in detail the projected road and street improvements;

(f) indicate and provide for areas reserved for public buildings, institutions, and civic developments;

(g) assess, make projections for and provide for the future requirements of amenities, services, and utilities such as municipal transport, electricity, water and drainage;

(h) prescribe in detail the zoning regulations for each zone; with a view to facilitating an individual lay out and regulating the location, height number of storeys and the size of buildings and other structures, the size of the courtyards, Courts and other open spaces and the use of the buildings, structures and land;

(i) define areas which have been badly laid out or areas which have developed so as to form slums, and provide for their proper development and/or relocation;

(j) designate areas for future development and expansion;

(k) indicate the phasing of the programme of development.

(a) control over architectural features elevation and frontage of buildings and structures; and

(b) the details of development of specific areas for housing, shopping centres, industrial areas, educational and cultural institutions and civic centres.

(b) The State Government may, on an application from any person or an association of persons for modification of development plan or zoning plan for the purpose of undertaking an activity or scheme which is considered by the State Government or the Director, on the advice of the Committee constituted by the State Government for this purpose, to be beneficial to the society, make such modification in the development plan or zoning plan as may he deemed necessary in the circumstances of the case and the modification so made in the development plan or zoning plan shall be an integral part of the revised development plan or zoning plan.

Chapter VI

Control of Development and use of Land

(i) relevant provision of the law relating to local authority empowering the local authority to control development and use of land or any other enactment under which the authority entrusted with the functions of. development and use of land is constituted and the rules, or bye-laws, if any, made thereunder shall cease to apply to the area comprised within the limits of the local authority or any other authority, as the case may be;

(ii) the local authority or any other authority whose function it is to control development and use of land under any law relating to local authority or under any other enactment for the time being in force shall, notwithstanding anything contained in any such law or enactment, be bound to give effect to the provisions of the rules made under this Act :

(a) tor carrying out works for the maintenance, repair or alteration of any building which does not materially alter the external appearance of the building;

(b) (or carrying out of work for the improvement or maintenance of a highway, road or public street by the Union or State Government or an authority established under this Act or by a local authority having jurisdiction, provided that such maintenance or improvement does not change the road alignment contrary' to the provisions of the development plan;

(c) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, telephone or other apparatus including the breaking open of any street or other land for that purpose;

(d) tor the excavation or soil-shaping in the interest of agriculture;

(e) for restoration of land to its normal use where land has been used temporarily for any other purposes;

(f) tor use, for any purpose incidental to the use of building for human habitation, or any other building or land attached to such building;

(g) for the construction of a road intended to give access to land solely for agricultural purposes.

(i) make necessary modifications in the proposals for development to meet the objections raised by the Director; or

(ii) submit the proposal for development together with the objections raised by the Director to the State Government for decision :

(a) grant the permission unconditionally;

(b) grant the permission, subject to such conditions as may, be deemed necessary under the circumstances;

(c) refuse the permission.

(a) for development for the purpose of town expansion or town improvement, or

(b) for development for the purpose of the Union or State Government or a Local Authority or a special authority constituted under this Act, or

(c) for development as a highway or a public utility service, and the owner of the land claims that-

(i) the land has become incapable of reasonably beneficial use in its existing state; or

(ii) where permission to develop land is given subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development, in accordance with the conditions;

(iii) the sale value of the land has diminished because of the designation of the land for acquisition or development, the owner may serve on the State Government within such time, in such manner and together with such documents as may be prescribed, a notice requiring the appropriate authority to purchase the interest in land in accordance with the provision of this Act.

(a) if it is satisfied that the conditions specified in sub- section (1) are fulfilled, and that the order or decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or the rules made thereunder, confirm the notice or direct that the permission be ; granted without conditions or subject to such conditions as will make the land capable of reasonably beneficial use;

(b); in any other case, refuse to conform the notice but in that case; the applicant shall be given a reasonable opportunity of being heard.

(a) the Director to sanction the deletion of such designation or reservation or allocation from Use draft development plan or zoning plan; or

(b) the State Government to sanction the deletion of such designation or reservation or allocation from the final development plan or zoning plan

(a) without permission required under this Act;

(b) in contravention of the permission granted or any condition subject to which such permission has been granted;

(c) after the permission for development has been duly revoked; or

(d) in contravention of any permission which has been duly modified, [shall without prejudice to any action that may be taken under Section 37, be punished with simple imprisonment for a term which may extend to six months or with fine of minimum ten thousand rupees or with both, and in the case of a continuing offence with further fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first offence, and such property of unauthorized development may be forfeited.]