The Odisha Development Authorities Act, 1982

187 *The Odisha Development Authorities Act, 1982 An act to provide for the deve/o state of Odisha according t pment of Urban and Rural areas in the 0 Man and for matters ancillary 4/rereto CONTENTS ACTS: 17. Revocation of permission . Short title, extent 1 and 18. Appeal against the decision of the commencement Authority under Section 16 or 17 . Definitions 2 19. Use of lands and buildings in 3. Declaration of development areas contravention of development plan and constitution of Development 20. Duration of permission Authority 20A. Grant of Occupancy Certificate 3A. Declaration of Special Planning Area 21. Power of the Authority to undertake and Designation of Special development Planning Authority 22. Preparation of town planning 4. Staff of the Authority scheme 5. Advisory Council 23. Declaration of intention to prepare 6. Constitution of Committees a town planning scheme 6A." .Constitution of Special Purpose 24. Preparation and publication of draft Vehicle town planning scheme etc 7. Objects of the Authority 25. Power of State Government to 8. Preparation of interim development require Authority to make town plan planning schemed 9. Preparation of comprehensive 26. Inclusion of additional area in a draft development plan town planning scheme 10. Preparation of zonal development · 27. Contents of draft town planning plan scheme 10A. Preparation of local development 28. Reconstituted plots plan 29. Disputed ownership 108. Reservation of land for housing for 30. Objection to draft town planning poor scheme to be considered 11. Submission of development plan to 31. Power of State Government to the State Government for approval sanction draft town planing scheme 12. Procedure regarding preparation 31A. Effect of sanction of Draft Town and approval of development plans Planning Scheme 13. Coming into operation of the 32. Restriction on use and development development plan of land after publication of draft town 14. Modification to the development planning schemed plan 33. Appointment of Valuation Officer 15. Prohibition of development without 34. Duties of Valuation Officer permission 35. Contents of preliminary and final 16. Application for permission town planning scheme 16A. Common Application Form for 36. Certain.d ecision of Valuation Officer permission to be final Published vi de Odis ha Gazette Ext. No. 1215/17.8.1982 -Notfn. No . .1 3240- Legis./17.8.1982-0.A. No. 14 of 1982. For Statement of Objects and Reasons, see Odis ha Gazette Ext. 'No 303/5 3.1982 188 ODISHA LOCAL LAWS 0 . Devetopm ent Au tho ·r ri ies Act, "1982 37. Appeal 63. Certain amounts to be added to or 189 deducted from contribution leviable 38. Constitution of Board of Appeal 93 . Omitted from a person 39. Power of the President to require 64. Transfer of right from original to final g4. Offence by companies 113. Power of Autho. Valuation Officer to be present plot or extinction of such righ 95. Transfer to Authority for purposes of ~uthority lo as nty lo require local during hearing development of land or build. in certain case:ume responsibility 40. Place where Board may sit 65. Compensation in respect of vested in local authority ing 114. Power of the Au ho. . 41. Decision of question of law and p b r y o p to e w rt n y p o l r a r n ig n h in t g in s ju c r h io e u m s e ly affected 96. Restri.ction on power of a local Persons t l'ity ·1n default by other questions · authority to m_ake rules, regulations 115. Registration of d 42. P fin o a w ll e y r s of Board to decide matters 66. E ce x r c ta lu in s i c o a .n s e o s f compensation in o m r a b tt y e e rs -l aws in respect of cert a i . n 116. O pl m a~ it s t e n d o t require~cuments, maps, 43. Board not to be a Court 67. Provision for cases in which amount 97. Notice to be given of units 117. Exemption from St . 44. Remuneration of President and payable to owners exceeds amount Indian Stamp Act 1a8m9p9 Duty under members due from him 98. Compounding of offence etc 118. Pow • 45. Decision of Valuation Officer to be 68. Provision for case in which value of 99, Memb~rs and employees of the 119. Eff e c e t r o to f o m th a e k r e la a w g s r eement final in certain matters and variation final plot is less than the amount Authon~y to be public servants 120. Mod~ of proof of record and of scheme in view of decision in payable by owner 100. Protection of action taken in good restriction on the summoning of an appeal 69. Payment by adjustment of account faith officer of the Authority 46. Power of Valuation Officer to split up 70. Payment of amounts due to the 101. Duty of police officer 121 Development plans to stand draft town planning scheme into Authority 102 Mode of recovery of dues of the modified in certain cases separate sections 71. Power of Authority to make Authority 122 · Application of Odisha Public 47. Submission of preliminary town agreement 103. Control by State Government Premises (Eviction of Unauthorised planning scheme to State 72. Compulsory acquisition of land 104. Returns and inspection Occupants) Act. 1972 to premises Government 73. Transfer of acquired land to the 105. Service of notices etc . of the Authority\ 48. Power of State Government to Authority or local authority 106. Public notice how to be made known 123. Pqwer of State Government to make sanction or refuse to sanction the 74. Acquisition of property. by the 107. Notices, etc. to fix reasonable lime rules town planning scheme and effect of Authority 108. Authentication of orders 124. Power of the Authority to make the sanction regulations 75. Transfer of State Government lands documents, etc ' 49. Withdrawal of town planning to the Authority 109. Jurisdiction of Courts 125. Procedure for. making rules and scheme regulations 75A. Creation and Management of Land 110. Sanction of prosecution 50. Effect of preliminary town planning 126. Cancellation of regulations by the scheme bank 111. Power to delegate State Government 51. Power of Authority to evict summarily 76. Disposal of land by the Authority 112. Fines when realised to be paid to 127. Dissolutions of the Authority 52. Power to enforce town planning 77. Fund of the Authority the Authority 128. Repeal and savings 78. Duty on certain transfers on scheme immovable properties Be it enacted by the Legislature of the State of Odlsha in the Thirty-third 53. Power to vary town planning year of the Republic of India, as follows : 79. Contribution by urban local body scheme on ground of error 80. Budget of the Authority Statement of Objects :md Reasons-With a view to ensure planned development irregularity or informality ' of different towns in the State, Regional Improvement Trusts were constituted under 54. Variation of town planning scheme 81. Accounts and Audit the Odisha Town Planning and Improvement Trust Act, 1956. These Trusts have not 82. Annual report by another scheme been able to fully achieved the objectives for which they were constituted mainly 55. Amendment of regulation 83. Pension and provident fund due to inadequacy of existing legal provisions. In addition to the existing cities in 56. Compensation when town planning 84. Levy of development charges the State, which are fast growing, large industrial complexes are coming up at scheme varied 85. · Rates of development charges Paradeep Talcher Angu/ and othaer Industrial growth points. Unless efforts are 57. Apportionment of costs of town 86. Assessment and recovery of made fro,;, now on~ards to ensure planned development of these areas. there will planning scheme withdrawn or not development charge b d e is u to n r s ti y o s n t s e m in a f t u i t c u a re n . d I t u i n s p t l h a e n r n e e fo d r g e r . o c w o t n h s o id f e t r h e e d s n e e a c r e e s a s s a w ry h i o t? f h a m co a n y s g ll ! t v u e t e ri s D e e v to e lo se p r m io e u n s t sanctioned 86A. Levy of City Infrastructure Impact Fee Authorities for these areas as well as for other developing and potential ~rban, 58. Right to app~~r by recognized agent 87. Tribunal · areas to ensure'systematic and planned growth, with the above obj~~tlv~;nd~/r~~~~t 59. Pow~r of C1v1I Court in respect of 88. Art Commission is Proposed to enact a /aw for constitution of development authoflttes certain matters 89. Power of entry areas of the State. u tanned and 60. Costs of town planning schemes 90. Penalties 2. The main objective of such aul_horily will be tf tS,::nt ~l:ns including 61. Calculation of increment 91. Removal of unauthorised systematic development of such areas. It will prepare deve op t cti'on of housing 62. Contribution towards costs of to development zone/ development plans underla k e wor k s per t aining to cons 'd r e u p ublic amenities. planning scheme wn 92. Powers to stop unauthorised colonies, shopping centre~. markets, industriat.estate_s an~1e~~:'1and and undertake II will regulate development and use of land tncludt~~/.davelopment programmes. development Schemes for improvement and clearance of slums an 3. The Bill seeks to achieve the above objects.. 190 ODISHA LOCAL LAWS [S. 1 s. 1) 0. Development Authorities Act, 1982 191 CHAPTER-I Note-'[ln exercise of th 3 of the Odisha Development A~,Pow~rs conrerred b Preliminary 1. Short title, extent and commencement- (1) This Act may be called e st n a fo te rc G ed o b ve y r n n o m ti e fi n ca t t d io o n h o e f r t e h b e y G d o e v : 1 a h re o n th ti a e t s th A e c t a , re 1 a 9 s 8 2 i n( Y O ~ S i u .s b h - a s e A c c ti t o n 1 4 ( l 0 ) 1 °1 1 9 !~t; . ~ n the Odisha Development Authorities Act, 1°982. No. 37675-H.U.D. dated the 31 ;,n;~ntofOdisha inHo~si~h lhe said Act has bee~ (2) It shall extend to ·the whole of the State of Odisha · the purposes of the said Act and sh 9ust, 1983, shall be ~and Urban Development oevelopment Area with effect from tha// be assigned the n Development Area for as the S (3 ta ) te It G sh o a v l e l r c n o m m e e n t i n m to a y fo r b c y e n o o n t if s i u ca ch ti o d n a t a e p a p n o d in t i , n a s n u d ch d ~ if r fe ea re o n r t a d r a e t a e s s 1 of the N O o d t i e s - h 2 a {I n D e e x v e e r lo c p is m e e o n f t t A h ~ /ow e ~ r 1 s s t c d o a n y f e o r f r e S d e p b t y e m S b u a b e m r · e 1 9 " 8 T 3 h · e 1 Bh u b aneswar may be appointed in respect of different areas. State Govern.ment do hereby appo~~;':~es Act. 1982 (Odish~s~~t;o; 13) of Section Note-'[ln exercise of the powers conferred by ~vb-section (3) of Section which the said Act shall come into for e 5th day of June. 1989 to 4b of 1982), the 1 of the Odisha Development Authorities Act, 1982 (Od1sha Act 14 of 1982), the area of Sambalpur, Bur/a and Hirakucde itn, the .areas comprised. in thee Mthe tdete on o S n ta w te h G ic o h v t e h r e n m sa e i n d t A d c o t h s e h r a e l b l y c o a m p e p o in in t t o th fo e r c 1 e s t i n d a th y e o a f r S e e a p c te o m m b p e n '. s , e 1 d 9 M 83 a s to te b r e P t la h n e d a a re te a i p n I a t n he n i · n n g o t a if n ic d a t I i m on pr . o o f v t e h m e e G nt o v T e ru rn st m A e c n t t o 1 f 9 O 5 ~ o i ~ W Od h i i . c ~ h h a t h A e c t p 1 ro 0 v o 1 . s f 1 . 1 on 9 s 5 7 o ) f w e O r d ~s " a e s h : e te r ~ P o l d a ~ n ~ of Cuttack Bidanasi and Choudwar to which the provisions of Odisha Town Planning and lmpro0vement Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the u.D. Department No. 6956-L.S.G. dated the ti;,;n the erstwhile Health (L.S.G.) and the 5th July, 1969, No. 5209-L.S.G. dated (he July, 1962, No. 12260-U.D. dated notification of the Government of Odisl1a in the erstwhile Health. (L. S. G.). Urban the 12th March. 1968. No. 3900 Ls G d 13 th May, 1963. No. 4707-U.D. dated Development and Housing and Urban Development Department No. 6918-L.S.G, dated the 13th December, 1968 an.a N~. ::~~-~e 4 th April, 1963, No. 22094-U.O. d L a S te .G d . t h d e a t 3 e 0 d t h t h A e p 3 ri 0 l. t h 1 9 D 5 e 6 c . e N m o b . e 3 r, 2 3 1 0 9 0 6 - 0 H a U n D d . 9 d 1 a 0 t 2 e - d U t . h D e . . 2 d 81 a 1 t 1 e d Ju t l h y e , 1 2 9 n 8 d 3 M , N ay o , . 1 1 9 0 7 4 0 6 . 2 ] - Not . e -3{/n exercise of the po wers confe · r r D e . d d b a y t esd t b h e 20t · h Apnl, 1970.J 3 of the Od1sha Development Authorities Act . u -section (1) of Section Note-2{ln exercise of the powers conferred by Sub:section (3) of Section State Government do hereby declare that th ' 1982 .(Odisha Act 1.4 of 1982). the 3 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). the enforced .bY Notification of Government of Od~ ~re as~ n w~ich the said Act has been State Government do hereby constitute a Development Authority for the Cuttack Department No. 22056/H.U.D., dated.the Jr~ Ju~e ~~sing and Urban Development Development Area declared as such in the notification of Government of Odisha in area and shall be assigned the same "Sambalpur. D 8~ shall be a ~evelopment t11e Housing and Urban Development Department No. 37633,/H.U.D., dated the 31st from the 5th day of June, 1989.) eve opment Area with effe.ct August. 1983 to be known as the ·cuttack Development Authority' with effect from the 1st day of September. 1983 consisting of the following. memb0rs. namely : No!e-'[ln exercise of the po":'~rs conferred by Sub-section (3) of Section I of the Od1sha Development Authorities Act, 1982 (Odisha Act 14 of 1982) the .1. Minister of State, Housing and State C!'overnment do hereby appoint the 7th day of September, 1989 to be the 0date Urban Development Chairman on which the said Act shall come into force in the areas comprised in the Master 2. l.A.S. Vice-Chairman Plan area of ParadeeP. to which the provisions of Odisha Town Planning and Improvement 3. Executive Engineer Engineer-Member Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the n"otlfication of Government of Odisha in the erstwhile Urban Development Department No. 34952-U D. . datad 4. O.F.S. Finance and Accounts, the 20th December, .1975 and No. 9033-U.D.,dated the 30th Match, 1977 and H. and Member U.D.Department Notifica_/ion No. 34338-H.U.D.,dated the 18th November, 1981.] 5. Assistant Town Planner, Town Town and Regional, Note-5[/n exercise of the· powers conferred by Sub-section (1) of Section Planning Unit, Cuttack Planning Member 3 of the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982) the 6. Senior Assistant Architect Architect-Member State Government do hereby declare that ·the areas in which the said Act has been enforced by notification of Government of Odisha in Housing and Urban Development 7. Secretary, Housing and Urban Department No. 31172-H. U. D., dated the 6th September. 1989 shall be a Development Development Department Member ex officio . area and shall be assigned the ·name ~Paradeep Development Area" with effect 8. Chairman, Cuttack Municipal from the 7th day of September, 1989.) . Council Member.] Note-•[ln exercise of the powers conferred by Sub-section (3). of Section 2 Note -3[/n exercise of the powers conferred by Sub-section (3) of Section 1 of the Odisha Development A · ut · h o t r th i . t ies 1 8 A th c t d . 1982 f D (O ec d e is m h b a e A r c 1 t 9 8 14 9 t o o f b 1 e 9 t 8 he J .d a th 1 e e 1 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982), the State Government do hereby appoin e ay, 0 · · M t r Plan State Government do hereby appoint the 1st day of September, 1983 to be the date on which the said Act shall come into force in the areas comprisedm a~ ~disha o P n la n w h a ic re h a s th e o f s B ai h d u b A a c n t e s s h w a a ll r , c o K m hu e r d in a t o a n fo d r c J e a t i n n i t t h o e w a h r i e c a h s t c h o e m p p r r o is v e is d io i n n s th o e f O M d a i s s t h e a r a T r o e w a n o P f l a T n a n fc in h g e r a -A n n d g u lm l p M ro e v ra ~ m me u n n t d a T ti r u c s o t m A p c l t e , x 1 9 to 5 6. w ( h O ic d h i . s h . t h a e A a p ~ r d t o U v 1 oi r s b i a o o n n f s o 1 e 9 o v 5 e 7 l ) ~p w me e n re t Town Planning and Improvement Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the notification of Government of Odisha 111 Ho~smg1982 and No. 19599-H. extended in the notification of the Government of Odisha in the erstwhile Health Department No. 51665-H. U. D., dated the 20th Novem er. (L. S. G.) and Urban Development Department No. 603-L. S. G. dated the 18th January. U; D., dated the 25th May, 1988.J 1964, No. 761-U.D .• dated the 11th January, 1968, No. 26841 -U.D., dated the 23rd .1. Vide Notfn. No. 37626-HUD/31.8.1983 August, 1978, No. 19602-U. D., dated the.30th July, ·1975. No. 8379-U.D., dated the 2. Vide Notfn No TP-MP-8189 Pt. 22056-HUD/3.6.1989. Bth March. 1978 and No. 21425-U. D .. dated the 11th August, 1972.] . . Pt 22060-HUD/3.61989. 3. Vide Notfn. r:-io. TP-MP-8189 · N 6.9.1989. 1. Vide Notfn. No. 37631-T.P. Estt.-65183-HUD/31.8.1983. 311721 4. Vide S.R.0 . No. 644/89-HUD Deptt. o. .TPl6 9.1989. 2. Vide Notfn. N.o. 37634-HUD/31.8.1983. 31176 ·5. Vide S.R.0 . No. 645189-HUD Deptt. No. 702-TPl16.12.1989. 3. Vide Notfn. No. 37675-T.PEst, 65/83HUOl31.8.1983. 6. Vide S.R.0. No. 845189-HUD Qeptt. No. 41 ~ [S. 1 s. 1) 0. Developm entA ODISHA LOCAL LAWS. Uthorities A "' 192 Ct. 1982 193 (2) onferred by Sub-section (1) of Section (1) Note .$/In e~ercise of the powers c (Odisha Act .14 of 1982) the Sukurana 1 1982 28. 3 of 111e Odis/la Development Authorities Ac · In -which the said Act has been Baradi State Government do hereoy declare that areas. Housing and Urban Development 29. Kharadi 143 enforced by nolificalion of Government of Odisb!ac me m bar 1989 shall be a development 30. Department No. 41702/H U D. dated lhe 16th ul D~velopmenl Area" with effect Ambasara 144 ·do- 31. area and shall be assigned the name ·ralcher- ng Balipasi 145 -do- from 1B th day of December. 1989 I f d by Sub-section (3) of Section 32. Hatibary 147 ·do- Nore -•[Jn exercise of the po':".ers con ~~:2 (Odlsha Act 14 of 1982), the 33. 166 -do. 1 of the Odisha Development Authorities Ac~a of August, 1992 to be the date on 34. Karadapal S wh ta ic te h G th ov e e r s n a m id e n A t c d t o s h h e a r l e l b c y o m ap e p . ~ m m to t th fo e r c I e s l !; . e d ~h i e n a th re e as s ch co ed m u p le fl s a in n g n e t x h e e d r b e e v l e o n w u e : 35. Oamodarpur 1 1 6 6 7 8 - - d d o o - - villageslmouzas of Cutteck District as speci 36. Raitikar -do- SI Name of the Re . venue SCHE T D h U a L n E a No. Name of the P. s.- 3 3 7 8 . . B Bh a a ir r im ad a a l pasi 1 1 6 7 9 0 · S d u o k - inda 171 No Village mouza 39. Ankurpal ·do- (1) (2) (3) (4) 40. Mirigichara 1 1 7 72 3 -do- 1. Sali1anga 74 Su kinda 41. Golagan 174 -do- 2. Baliapal 75 -do- 42. Nimapalli 175 ·do- 3. Nandapada 76 -do- 43. Sendhapur 176 ·do- 4. Baghuapal 77 -do- 44. Badpingal 177 ·do- 5. Rageda 78 -do- 4 46 5. . S S a a n n P K i u n r g a a d l h ia 178 · - d d o o- - 6. Rangundi 79 -do- 47. Bad Kuradhia 179 -do- 7. Sulia 80 -do- 48. Govindapur 180 -do- 8. Dhanurjaypur 81 -do- 49. Kai th a 181 ·do- 9. Jamupasi 82 -do- so. Biritikar 182 ·do- 183 10. Khandara 83 -do- 51. Balipasi -do- 184 11 Nandiabhanga 84 -do- 52. Pankapal 185 -do- 12. Saransa 85 -do- 53. N1lamanideipur -do- 186 -do- 13. Ouburi 86 -do- 54. Panchabatia 187 ·do- 14. Dhamanagdadia .87 -do- 55. Bodasulidihi 188 ·do- 15. Sansailo 89 -do- 56. Manoharpur 189 -do- 16. Madhapur 90 -do- 57. Digambarpur 190 ·do- 17. Gu nduchipasi 131 -do-. 58. Monatira 191 -do- 18 Nazgarh (Sukinda) 132 -do- 59. Rebana 192 -do- 19. Ampalaba 133 -do- 60. Das mania 193 -do- 20. Jamupasi 134 -do- 61. Kacherigaon 194 -do- 21. Sanatrapur 135 -do- 62. Chandia 195 -do- 63. Gadapur 196 -do- 22. Panasadiha 136' -do- 64. Jakhapura 197 -do- 23. Barapala 137 -do- 65. Satabainsia 220 -do- 24. Abltayapur 138 -do- 66. Mangalpur 221 -do- 25. Olia 139 -do- 67. Khurunti 234 -do- 26. Hatimunda 140 ·do- 68. Nuagaon 235 -do· 27. Gobaraghati 141 -do- 69. Baragadia 236 -do- 1. Vide S.R.O. No 846185-HUD Deptt. No. 31706-TP/16.1~.1989. 70. Sarangapur 237 -do- Vide S R 0. No 952192-HUD Deptt. No. 32987-TP/27 7.1992." · 71. Barakhai 239 -do- [S. 1 s. OOISHA LOCAL LAWS 2] 194 0. Development Aufhorities Act. 1982 195 (4) 5. Town Planner (1) (2) (3) Jajpur Road Town and Regional 72. Balungabandi 213 Planning-Member 214 -do- 73. Kliairadihi (Part-time) 74 Nuagaon 219 -do- . 6. Dy. Chief Architect. -do- Ar~hitect-Member 75 Trijanga 222 76. Barigodha 225 Jajpur Road 7. Commissioner-cum-Secretary -to (Part-lime) 77. Dhuligarh 230 -do- Government Housing and 231 -do- 78. Kantipur 79. Dhapanki 232 -do- Urban Development Department Member, ex orficio) 80. Managovint!apur 233 -do- 2. Definitions-In this Act, unless the context otherwise requires- 81. Godigotha 238 -do- (i) "agriculture" includes horticulture, poultry farming, the raising 82. Rampilo 240 -do- of cro~s. frui~s. vegetables, flowers. grass or trees of any kind, 83. Ulla la 241 -do- breeding of live-stock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees and the use of land BOUNDED BY: for grazing cattle or for and purpose which is ancillary to the North-Ganda, Nallah and Forest Block-27 farming of land or for any other agricultural purpose, but does South-Jomalanda (146}, Godipatna (148), Jemadeipur (149), Badasitamal not include the u~e of land as a garden which is an appendage (164), Sanasitmal (165) and River Brahmani. to a building and the expression "agricultural" shall be construed East-Chakua (203). J11gadihi (202), Chhatrakana (201), Radha nagarh accordingly; (198}, Labanga (211), Solagadia (212) and Gandanallah. (ii) "amenity" includes roads, water and electric supply, open spaces, West-Patapur (88). Kabala (91), Kamaladeipur (92). Bandhagan (102). parks. recreational grounds, cultural centres, natural features, Dudhujori (127)'. Mangaipur (128). Kanchichua (129) and Pubal playground. street lighting, drainage, swerage, city beautification (130). and such other utilitie.s. services and conveniences as the State Note-'{ln exercise of the powers conferred by Sub-section (1) of Section Government may determine to be an amenity from time to time 3 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). the for the purpose of this Act: State Government do hereby declare that the areas in which the said Act has been enforced by notification of Government of Odisha in Housing and Urban Development (iii) "area of bad lay-out or obsolete development" means an area Department No. 32987-H.U.D .. dated the 27th July, 1992 shall be a Development consisting of land which is badly laid out or of obsolete development area for the purpose of the said Act and shall be assigned the name ·Kalinga Nagar not conforming to the planning or the building regulations framed Development Area" with effect from the 1st day of August. 1992.) under this Act together with land contiguous or adjacent thereto Noie -1[/n exercise of the powers conferred by Sub-section (3) and Sub and· defined as such in the development plan; section (5) of Section 3 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). the Slate Government do hereby constitute a Development Authority . (iv) "Authority" means. a Development Authority constituted under for the Kalinga Nagar Development Area declared as such in the notification of Sub-section (3) of Section 3 for a development aFea under this Government of Odisha in the Housing and Urban Development Department No. Act; 33044-H. U. D. . dated the 28th July, 1992 to be known as Kalinga Nagar Development (v) "building" includes any structure or erection or part of a structure Authority with temporary headquarters at.AkashSova Building, Bhuhaneswar-751001 with effect from 1st June, 1993, consisting of the following members. namely : or erection which is Intended to be used for residential. commercial, 1. Minister. Works, Housing and Urban industrial, or oth~r purposes, whether in actual use or not; Development Chairman (vi) "building operations" includes re-building operations. structural 2. Revenue Divisional Commissioner. Vice-Chaitman alterations of or additions to buildings and other operations normally undertaken In conne·ction with the construction of buildings; Central Division, Guttack (Part-time) 3. Superintending Engineer (Civil) Engineer-Member (vii) "Chairman" means the Chairman of the authority; (viii) "Commerce" means th·e carrying on of any trade. business or (Part~time) 4. 0. F. S. (1) Finance and Accounts profession, sale or exchange of goods of a~y·type .whatso_ever and includes the running of with a view to making profit, hospitals, Member (Part-lime) nursing homes, infirmaries or educational institutions. and a~so includes the running of sarais, hotels, restaurants and of boardin~ 1. Vide S.R.0. No. 953192-H.U.::>. Deptt. No. 33044-TP/28 7.1992. houses not attached to any educational institution and the wor 2. Vide S.R.O. No. 435193/-H U.D. Deptt. No. 19451-TP/31.5.1993. "commercial" shall be construed accordingly: .,. [S. 2 s ODISHA LOCAL LAWS 2) 0. Develop 196 rnent Authorities Act, 1982 197 . I " ·ncludes the use of any land or building or (xx) "local newspaper" m (ix ) "com pa m rt e t r h c e 1a re o u f s fo e r p 1 u rpose of commerce or for storage o f g~o d s, WI ' th· i n the State of Odi e s a h n a s · any news paper printed and published any s an office, whether attached to any industry or otherwise; (xxi) "means of access" . ' or a d f · d' 'd I · inc 1udes any m '[(ix-a) ·oeveloper Entity" means an individual or bo .Y o in 1v1 ua s private or public, for vehicles f eans of passage whether and includes a company or association whether incorporated or any street; or or pedestrians and includes not, a co-operative society or a corporate .bo~y. or an agency, (xxii) "national highway" m national or international, to whom a license 1s given to undertake h. 1 9 h way under Section e 2 a n o s f t a h n y N hi ghway decla re d to b ea national development within the framework of a development plan or development 48 of 1956); e a 1 i onal Highways Act. 1956 (Act scheme duly approved under this Act .] (xxiii) "notificatio " . . n means a notificallon published in the Gazette· (x) "development" with its grammalical variations means the c~rrying (xx1v)"occupier" includes- · out or building, engineering, mining or other ?perattons 1.n. on, (a) a tenant, over or under land or the making of any matenal change, in any building or land or in the use of any building or land, and includes (b) an ow n er · i n occupation of. or otherwise using his land, re-developments and re-constructions and lay-out and sub-division (c) a rent-free tenant of any land, · of any land and 'to develop" shall be construed accordingly; (d) a licence in occupation of any land, and (xi) "development area" means the area or group of areas declared (e) any person who is liable lo the owner any cons1derat1on including as development area under Sub-section (1) of Section 3; . damages for the use and occupation of the land: (xii) "Director" means the person appointed as Director.ofTown Planning, (xxv) "operational construction" means any construction whether Odisha under Sub-section (1) of Section 3 of Odisha Town Planning te~porary or permanent, which is necessary for the operation, and Improvement Trust Act, Odisha Act 10 of 1957; ma1~tenance, development or execution of any of the rollowing (xiii) "engineering operation" includes the formation or laying out of services, namel" : a street or means of access to a road or the laying out of means· (a) railways, of water supply, drainage, electricity, gas or of other public utility (b) notional highways, service; (c) national waterways, (xiv) "existing land-use" means the predominant purpose for which any land or building was being used on a specified date; (d) air ways and aerodromes, (xv) "final plot" means a plot reconstituted from an original plot and (e) posts and telegraphs, telephones, wireless, broadcasting allotted in a town planning scheme '( or in development scheme and other like forms of communications. or approved layout of land) as a final plot; (f) regional grid for electricity, (xvi) "highway" has the same meaning as in Section 4 of the National (g) any other service which the State Government may, if 111 s of Highways Act, 1956 (Act 48 of 1956); · opinion that the operation, maintenance, development or execution (xvii) "industry" includes the carrying on of any manufacturing process of such service is essential to the life of the community, by as defined in the Factories' Act, 1948 (Act 63 of 1948). and-the notification, declare lo be a service for the purpose of this word ·industrial" shall be construed accordingly; clause; (xviii)"industrial use" means the us~ of any land or building or part Explanation-For the removal of doubts, it is hereby declared that thereof for purpose of industry; · the construction of- (xix) "land" includes benefit to arise out of land and things attached (i) new residential buildings (other than gate, lodges, quarters, for to the earth or permanently fastened lo anything attached to the limited essential operational staff and the like), roads and drains earth; in railway colonies', hotels, clubs, institutes and schools, in the '[(xix-a) "Land Pooling Scheme " means a scheme for assembly of case of railways; and small land parcels under different ownerships, voluntarily, into (ii) a new building, new structure or new installation, or any extension a large land parcel and return of a part of the reconstituted land thereof. in the case of any other service, shall not be deemed to to the owners with a provision of' infrastructure in a planned manner· be operational construction within the meaning of this clause · (xix-b) "Loca! Authority" means an urban local body, and include~ (xxvi)"owner" includes a mortgage in possession, a person who for Zilla Parishad, Panchayat Samili or Gram Panchayat constituted the time being is receiving or is entitled to receive or has received under the prov1s1ons of the relevant Act for the control and management the rent or premium or any other consideration for any land whether of development of the areas under their jurisdiction) on his own account or on account of, or on behalr of or lor lhe Ins Vide 0 GE. No. 1427, Ot. 0610.2015 benefit of any other person or who would so receive the rent or IS. 2 s. 2] 0. Development A th .. ODISHA LOCAL LAWS . u orittes Act, 1982 199 198 (c) the drains attached lo an remium or any other consideration the rent or premiu~ or any and the land wheth y 5 uch street. public bridge or causeway P . . .f the land were let out 10 a tenant and includes • er covered or not by an other consideration 1 l General Manager of a or other structure which Ii . Y pavement. verandah the Head of a Government Departmen • . to the bo . ' es on either side of the roadway up . S t or other Principal Officer of a local authority, . . undanes of the adjacent property whether I hat property Railway, the ecre ary . f erties under their statutory authority or company in respect 0 prop ISSt ptnvGate property or property belonging to the Central or any a e overnment ; respective controls; (xxv1i)"private street" means any street, road •. square, court, alley, (xxxii) "rail"'.'ay" means a railway defined in the Indian Railway Act 1890 (Act 9 of 1890); · ' passage or riding-path, which is not a public str~et but do.es not include a pathway made by the owner of premises on his .own (xxxiii) "reconst_Jtuted plot" means a plot which is in any way altered land to secure access to or for the convenient use of such premises; by the making of a town planning scheme . (xxviii)"public building" means any ~uilding to ,which the public or Explanation-For the purposes ofthis clause "altered' includes the any class or section of the public. are granted access ~.r any alteration of ownership of plot. building, which is open to the public or any class or section of (xxxiv) "regulation" means a regulation made under Section 124 and the public and includes any building- includes zoning and other regulations made as a part of a development (a) used as a- plan; (i) school or college or a University or other educational institution, (xxxv) "residence" includes the use for human habitation of any land (ii) hostel, or bullding or part thereof including gardens, grounds, garage, stables and out-houses, if any, appertaining to such building (iii) library, . and "residential" shall be construed accordingly: (iv) hospital. nursing home, dispensary, clinic, maternity centre or any other like institution, (xxxvi)"rule" means a rule made under this Act by the State Government; (xxxvii) "slum area" means any predominantly residential area, where (v) club, the dwellings which by reasons of dilapidation. overcrowding, (v1) lodging house, faulty arrangements or designs, lack of ventilation, light or sanitary {vii) choultry, facilities or any combination of these factors, are detrimental to (viii)coffee house. boarding house, hotel or eating house. safety and health of the inhabitants or others and 91hich is defined (b) Ordinarily used by the- by d.eve~opment plan as a slum area. (i) Central or any State Government or any local authority or any '[(xxxvii-a) "Special Purpose Vehicle' means a body constitu.ted as a body corporate. owned or controlled by the Central or any company, trust or other entity for a specific purpose, which shall State Government, or include activities limited to those for accomplishing the purpose (ii) public or any class or section of the public for religious worship of the company, trust or other entity, as the case may be:] or for religious congregation: (xxxviii)"to. erect" in relation to any buildin~ includes- (xx1x)"public opon space" means any land, whether enclosed or not. (a) any material alteration or enlargement of any building, belonging to the Central or any State Government or any local (b) the conversion by structural alteration of place for human ha.bitalion authority or any body corporate owned or controlled by the Central of any building not originally constructed for human hab1tat1on, or any State Government, on which there is no building or of which not more than one-twentieth part is covered with buildings (c) the conversion into more than one place for human habitation of and the whole or remainder of which is used for purpose of recreation a building originally constructed as one such place, or as open space , (d) the conversion of two or more places of human habitation into a (xxx) "public place" means any place or building which is open to the greater number of such places, . . use and enioyment of public whether 1t is actually used or enjoyed (e) such alterations of a building as affect an alter.ation of 1~s drainage by the public or not, and whether the enty is regulated by any or sanitary arrangement or materially affect its security, entry fee or not, . . h s or other structures (f) the addition of any rooms, buildings, ouse (xxxi)"publ.ic street" means any street, road, square, court, alley, passage to any building, and · g or nd1ng path over which the public have a right of way, whether 1 a thoroughfare or not, and includes- (g) the construction in a wall adjoining any street or land no~b=t~;;::r to the owner of the wall. of a door opening on to sue (a) the roadway over any public bridge or causeway, land; {b) the footway attached to any such street, public bridge or causeway and ' 1. Ins. vide O.G.E No. 1427. Ot 06.10 2015 200 ODISHA LOCAL LAWS [S. 3 s. 3) 0. Develop ment Autho ·1· r1 ies Act, 1982 201 '((xxxviii-a) "Transferable Development Rights" ~eans a development ' 2[Provided that the St t right to transfer the potential of a plot designated for a public with such rules as may be ma~eei Go~ernment may, by notifi . purpose in a development plan. expressed in terms of total permissible area of two or more Develo n lh1s behalf. exclude an ca1ton and in accordance built up space calculated on the basis of floor area ratio allowable as so excluded to be a de~~ent Authorities and de~larea from a development for that plot, for utilization by the owner himself or by way of transfer assign a name to such areae opment area for the ua re such area or areas by him to someone else from the present location to a specified Development Authority with e~nd constitute for the ~a:~odses of this Act and 211 ect from such d t evelopment area area within the development plan, as additional built up space ~3-a) Notwilhstandin . a e as may be spec1f1ed th · a over and above the permissible limit, in lieu of compensation for Government is satisfied that Pg anything contained in this Act ·1 erem:J 1 be ensured if two or more roper development of devel · lhe State the surrender of the concerned plot free from all encumbrances 0 single Authority, the State Gove~~~~~~ent Authorities are am~~;1ae:~,!~e~n can lo the Authority;) (xxxix) "Tribunal" means the Tribunal constituted under Section 87; a sp n e d C i A ti m ed e , n b d y m n e o n 1 1 · t f i 1 c o a f t1 · s o e n c t d io ir n e c 3 t s 0 u n c h s m u a c y h , a te fte rm r c s o n a s n u d lt a c ti o o n n d w 1 i t t i h o n s s u ch a A s u m th a o n ~ t 1 o b e a s (xi) "unauthorised occupation" in relation to.any premises means with effect from the dat~ of such n a.tm.f alg_amation and constitut~ an Aut~or'itey o 11cation. the occupation by any person of the premises belonging to the (3-b) From the date of such notification - Authority without any authority for such occupation and included (a) all properties funds and d . . the continuance of this occupation by any person of the premises by the existing Authoriti~s shall v u_eswhich are vested In or be realizable 1 after lhe authority (whether by way of grant or any other mode of constituted after such am~lgamat~~n·'" or be realizable by the Authority so t ~ r a a s n s e f x e p r ir u e n d d o e r r h w as h i b c e h e h n e d w et a e s r m a i l n lo e w d e f d o r t a o n y o c re cu a p so y) n s th w e h a p t r s e o m e i v s e e r s ; Authoriti ( e b s ) a sh ll a l l i l a b b e il it e ie n s fo r w c h e i a c b h le a r a e g !i ' ~ 1 0 t'~~ab~e aga . in st the amalgamated such amalgamation; s e ulhority so constituted af1er 1[(xli) "urban local body" means municipality as defined in clause (e) of article 243P of the Constitution of India;] ca~~/e~rot~le ~u~h~s: ~evelopment been ofl carrying out any_ which has not (xiii) "Valuation Officer" means the Valuation Officer appointed under . . . ma gam.ated Authonl1es and for the purpose or Section 33 of this Act; real1Z1ng properties, funds_a nd ~ues as referred lo in clause (a), the function of the amalgamated Authorities shall be discharged by the Authority so constituted (xliii) "Vice-Chairman" means the Vice-Chairman of the Authority; after such amalgamation) (xliv) "zone" means any one of the divisions into which a development (4) Every Authority so constitu~ed _shall be a body corporate by the area may be divided for the purposes of development under this name of.the development areas f~r which 1t 1s constituted having perpetual Act: succession and a common seal with power to acquire. hold and dispose of pr?perty, both movable and immovable and to contract, and shall by the {xiv) words and expressions used in this Act but not defined shall said name sue and be sued. have the same meaning as assigned to them in the Odisha Municipal (5) The "Authority· shall consist of the following members, namely: Act, 1950 (Od'sha Act 23 of 1950) as amended from time to time (a) a Chairman, who shall be appointed by the State Government; CHAPTER-I (b) '(a Vice-Chairman. who shall be an officer of the Central or Stale Development Areas and Development Authorities and their Objects Government to be appointed by the State Government either on 3. Declaration of development areas and constitution of Development whole-lime or on part-lime basis and shall be the Chief Executive Authority-(1) Upon enforcement'>! this Act in any area or areaS' under Sub of the Authority : section (3) of Section 1, the State Government shall, for the purp9ses of Provided that nothing in this clause shall debar the State Government proper development of such area or areas, by notification, declare such to appoint a part-time Vice-Chairman during the vacancy caused due lo lhe area or areas to be a development area for the purposes of this Act and absence of the Vice-Chairman, either whole-time or part-time. to avoid dislocation shall assign a name to such area. in the functioning of the Au'thority :) (c) an Engineer-member, to be appointed by the S1ale Government; (2) The State Government may, by notification and in accordance with such rules as may be made in that behalfs- (d) a Finance and Accounts member, to be appointed by lhe Stale Government ; (a) exclude from a development area comprised th.erein ; or (e) a Town and Regional Planning member, to be' appointed by the ~ (b) include in a development area any other area. Slate Government ; ~- " (3) As soon as may be after the declaration of a development area (f) l[an En~ironment member), to be appointed by the S1a1e Government; under Sub-section (1), the State Government shall, by notification, constitute ( ~) the Secretary, Housing and Urban Development Depart?'~"'· Governrnen1 for the said developq)ent area a Development Authority wilh effect from such of Odisha or his representative, member ex off1c10, date as may be specified therein. 1. Subs1ituted vide Odisha Act No. 3 of 1993 1. Ins. vlde O.G E No. 1427, DI. 0610.2015 2. Ins v1de O.G E No 1427. DI. 06.10.2015 2 Subs vlde 0 GE No. 1427, DL 06.10 2015 3. Subs. vlde O G.E. No. 1427, Dt 06 10 2015 202 ODISHA LOCAL LAWS (S. 3 s. 41 0 Development A uthorit1es A t c' 1982 203 1((h) Chairpersons of urban local bodies, not exceeding three comprised 1. Minister of State H . , ousing and U within the developmen\ area, as may be nominated by the State Development rban Government, members: ex officio] 2. I.A.$. '[Provided that the State Government may appoint such other two members Chairman as may be considered by ii, in addition to lhe me~bers stated above, for 3. "Ouperintending Engineer Vice-Chairman any Authority. as the'State Government may deem fit and such members. if 4 0. F. S. appointed in any Authority, shall be subjecl to same terms and conditions Engineer-Member as are applicable to the members appointed under clauses(c) to (f).) Finance and (6) '[The members appointed under Clauses (c) to (f) of Subsection Account (5) may either be whole-time or part-time members.] 5. Associate Town Planner Member (7) The Vice-Chairman and the whole· time Members shall be !:ntilled Town and Regional to receive from the funds of the Authority suoh salacies and allowances. if Planning-Member any and governed by such condition of service as may be prescribed by 6. Senior Assistant Architect rules made in this behalf. Architect-Member 7. Secretary, Housing and Urban (8) The Chairman. Vice-Chairman and members appointed under Clauses (c) lo (f) of Sub-section (5) shall hold office during the pleasure of Development' Department the State Government. 8. Chairman, Bhub . . Member ex officio . . aneswar Municipal Council Member ex off1c10 (9) 2(The Vice-Chairman and any member) specified in Clauses (c) 9. Ch a1rman, Jatn1 Notified Area Council to (f) of Sub-section (5), if parl-time, and the members specified in Clause Member ex officio (h) of that Sub-section may be paid from the funds of lhe Authority such 10. Chairman '." Khurda Not1'f i ' e d A r ea Counci . l Member ex officio.] allowances, if any, as may be fixed by the Slate Government in this behalf. . 2( 3A. Dec I? ration of Special Planning Area and Designation of Special (10) A member, other than an ex officio member, may resign his Planning Authority :(1) Any ~ut~o~ily may, by notification, declare a part of office by writing under his hand addressed lo the State Government but the development area under its 1urisdiction to be a Special Planning Atea. shall continue in office until his resignation is accepted by the State Government. (2) As soon .as may be, after the declaration of Special Planning ( 11) No act or proceedings of the Authority shall be invalid by reason of the existence of ar:iy vacancy in, or defect in the constitution of the Authority. Area under .sub-section (1), the Authority may, by notification, designate a Local Authority ot other Authority constituted or incorporated under the proviiions (12) The Authority shall meet at such limes and shall observe such of any State Act, to be Special Planning Authority for such Special Planning r~les of procedure in regard to the transaction of its business at its meeting (including quorum at meetings) as may be provided by regulations. Area. Note-'[ln exercise of the powers conferred by Sub-section (1) of Section (3) Any power exercisable by the Authority under this Act except the 3 of the Odisha Development Authorities Act. 1982 (Odisl1a Act 14 of 1982), t11e power to make regulations, may also be exercised by such Special Planning State Government do hereby declare that the areas in which the said Act has been Authority to such limits and on such terms and conditions as may be specified enforced in the notification of the Government of Odisha in Housing and Urban in the notification issued by the Authority in this behalf.) Development Department No. 37631/H.U.D. . dated the 31st August, 1983·shall be a Development Area for the purposes of the said Act, and shall be' assigned the name 4. Staff of.the Authority-('1) Subject to such control and restrictions Tire Cuttack Development Area, with effect frof1) the 1st day ,of September, 1983.) as may be :Prescribed by rules, the:Authority may appoint a Secretary and such number of other officers and employees (including experts for technical Note- '[In exercise of the powers conferred by Clause (h) of Subsection (5) of Section 3 of the Od1sha Development Aulhori/1es Act. 1982 (Odisha Act 14 of work) as may and employees (including experts for technical work) as may 1982), the State Government do hereby appoint the· Chairman of Choudwar Municipal be necessary for the efficient performance of its functions and may determine Counc1t as member of the Development Auth.ority constituted for Cut/ack Development their designatjon and grades. Area with effect from the 1!f,I day of September. 1983.] (2) The Secretary and other officers and employees of the Authority Note -'fin exen;ise of the powers conferred by Sub-section (3) and Sub-section shall be entitled to receive from the funds of the Authority such salaries ~nd (5) of Section 3 of Odisha Development Authorities Act, 1982 (Odlsha Acl 14 of 1982) such allowances, if any, and shall be governed by ~uch conditions of service the State Government do hereby constitute a Development Authority for the Bhubaneswar Development Area declared -as such in the notification of Government of Odisha in the as may be determined by regulations made in lh1s behalf. Housing and Urban Development Department No. 37627-H.U.D. • dated 'the 31st August, '[(3) Notwithstanding anything contained in this Act or in therr·r~lenst d 1 a 9 y 8 3 o t f o S b e e p t k e n m o1 b . e n r, a 1 s 9 ." 8 T 3 h e c o B n h s u is b t a in n g e s o w f a th r e D e fo v l e lo lo w p in m g e m nl e A m u b th e o rs r , i ty n • b w m i e th ly e : f fect from the 1st or regulations made ther . eunder, I or h th e·u p urp th os e e S t o a f t e s m G o o v o e th rn a m n e d n t e m 1 a c " - 1 · e a t administration of the affa1~s of the Aul .on e.s. Authority for transler of 1 Substituted v1de Odisha Act No. 4 of 1985 the instance of any Authority or olherwi~e, direct an~f deputation, to another 2 Substituted v1de Odisha Act No. 3 of 1993.

any officer or employee of such Aulhonty, ~y way at a time and on such 3. V1de Notfn. No. 37633-H.UD/31.8.1983. Authority for such period not exceeding. six .year 5 4 V/de Notfn. No. 37703-T.P. Esst. 65/83HUD/31.8.1983. conditions. as may be specified in the direction. 5 Vi!Je Nolin. No. 37627 ·HUD/31.8. 1983. 6 Subs. vide 0 GE:No. 1427, Dl 06.10.2015 1. Substituted vide 0. G. E No 442 dated 28 · 3 2.0°5 · 7 Ins vide O.G.E. No. 1427, Dt. 0610 2015 2. Ins. vide O.G E No. 1427, Dt 06 IO 2015 204 ODISHA LOCAL LAWS [S. 5 s. 5) 0. Development A .. uthonties A~t. 1982 205 (3) The Advisory Council sh (4) Whenever, any officer or employee belonging to an Authority is 11 e powers to regulate its own procead meet twice in a year and h transferred under Sub-section (3). the Authority to which the officer o.r employee th Ure. S all have Is so transferred shall be bound to accept the joining report forthwith, employ (4) Members of the Advisory C . him in the service of the Authority and pay all amounts due to him on account sllall hold office during the pleasure~~~~'~ ~ther than the ex officio members of his pay, allowances and other dues from out of the fund of that Authority.) (5) Members of the Advisory C , late Government, 3((5) Notwithstanding anything contained in this Act or Rules or Regulation~ in Clause (e) of Sub-section (2) mayobunc1l .excepting the members specified made thereunder, the State Government ma'y, at the instance of any Local · It 1· e paid such fee d attending s mee ings, as may be determin . s a~ allowances for Authority or Department of the State Government or any other Authority constituted behalf. ed by regulations made in this or incorporated under the provisions of any State Act or otherwise, direct any Authority for transfer of any Officer or employee of such Authority, by way of Note-'[ln exercise of the powers f deputation, to such Local Authority or Department of the State Government (S) reed ws ' th Cl a use (b) o f Sub-section 12) o c f o t n h erre . d by Sub -sec t i ' o n (1} of Section or any other Authority constituted or incorporated under the provisions of the. do hereby appoint the Chairman of Choudware ~aid.s~ction, the State Government State Act for such period not exceeding six years at a lime and on such the Advisory Council of Cuttack Development A t~nicipe/. Council as a member ol of septe mber. 1983.] u onty with effect from the 1st day terms and conditions, as may be specified in the direction and the provision of sub-section (4), shallapply to such deputation mutatis mutandis .) Note-1{1n exercise of the powers conferred b . . CASE LAW: 5 of the Odssha Development Authorities Act 1982 (~dSuhb-sect1on {1) of Section G ment do he~ b · · · is a Act 14 of 1982) the Sec. 4(3)(4} - Odisha Development Authorities Rules, 1983 - Rule 6(4) . State ove"! e Yc onstitute an Advisory Council for Bhubaneswar Develop'ment Transfer order - Bhubaneswar Development Authority to Sambalpur Development Authority with effe~t from the 1st day of September, 1983 consisting of the following members namely . Authority -Writ -For the purpose of smooth and afficient administration of the affairs of the Authorities, the State Government con direct any Authority for transfer of any 1. Vice-Chairman of Bhubaneswar Officer or empl~ee of such Authority by way of deputation to another authority for Development Authority fa officio President such period which shall not exceed six years at a time and on such conditions, as 2. Secretary, Housing and Urban may be specified in the direction - Held. order of transfer of the Government has been pused by exercise of power under Sub-section (3) of Sec 4 of the Act. 1982 Development Department or his -Seid order amounts to transfer of the petitioner on deputation to the SDA and such transfer cannot amount to be a transfer to a different cadre : Md. Qalsar Iqbal Ali representative Ex officio Member v. State of Odisha and others : 2013 (Supp.-11) OLR 630 3.· Chairman, Bhubaneswar Municipal 5. Advisory Council-(1) The State Government shall, as soon as Council Ditto may be after the constitution of the Authority, by notification, constitute an 4. Chairman, Jatni Notified Area Council Ditto advisory Council for the purpose of advising the Authority on the preparation of developmen't plans and development schemes and on such other matters 5. Chairman, Khurda Notified Area Council Ex officio Member6. relating to the planning of development, or arising out of, or in connection M. L.A., Jatni Constituency Member with, the administration of this Act as may be referred to it, by the Authority. 7. Chief Architect, Odisha, Bllubaneswar Member (2) The Advisory Council shall consist of the following members, 8. Director of Town Planning, Odisha, namely : Bhubaneswar Member '((a) The President, who shall be appointed by the State Government:! 9. Director of Estates and ex officio Deputy 2((a-1) the Vice-Chairman, member ex officio; Secretary to Government, General (b) the members of the Authority referred to in Clauses (g) and (h) of Member Sub-section (5) of Section 3, member ex officio; Administration Department (c) a member of the Odisha Legislature, representing the whole or 10. Chief Engineer, Roads. Odisha, Bhubaneswar Member any part of the development area, to be nominated by the State 11. Chief Engineer, Public Health, Odisha. Government-member; Member Bhubaneswar (d) other members not exceeding fifteen in number to be nominated Member by the State Government of whom at least five shall be such non 12. Chief Conservator of Forests Odisha, Cuttack officials who in the opinion of the State Government have special 13. Secretary to Government, Finance knowledge or practical experience of matters relating to labour, Member Department or his nominee industry, landscaping, economics or environmental science. 14. Director of Tourism Odisha, Substituted vide Odisha Gazette Ext. No. 2185115.12.1984 Ordinance No. 12 Member of 1984. Bhuba[leswar 2 1 In 9 s 8 e 4 r . t ed vide.Odisha Gazette Ext. No 2185/15.12 1984 Ordinance. No. 12 of Vide Notfn No 37706-HUD. Ot 31 8 1983 3 Ins. vide O.G.E. No. 1427, Dt 06.10.2015 2 V1de Notfn. No. 37628-HUDl31.8.1983 .,.. ODISHA LOCAL LAWS (S. 6 s. 91 0. Development A 206 uthor1t1es Act, ; 982 207 '(SA. "Constitution of S . 16 V A i g c r e ic -C ul h tu a r n e c e a l n lo d r T O e d c 1 h s n h o a l o U g n y i , v e B r h s u it b y a o n f e swar Member f a o p r p t r h o e va p l o ur f p th o e s e S t o a t f e c G ar o r v y e i . n rn g m o e u n t l P a e n c Y 1a 0 1 ! P t u h e rp o o b s 1 e e · c V 1 e s h o ic r l t e h : i s T h A e c A t uthon . t y may, 16 Member of Parliament Member as may be considered necessar' constitut~ as many Special Pur aond wit~ lhe Member rnernbers and partly of other pe~scons1shng wholly of membefs se Vehicles 17. M. L.A., Khurda Constituency . ons.] or par!ly of 18 M. L A. . Bhubaneswar Constituency Member 7. Objects of the Authorit Th 19 President. Bhubaneswar Chamber of Commerce Member.) prornote and secure the developm:~t 0~ ~1~J~rcts of the Authority shall be 10 the development area concerned a . any of the area comprised. Note·'{ln exercise of the powers conferred by Sub-section (1) of Section special Purpose Vehicle constitutedc~or~~ng to plan 1{by itself or through'~ 5 of the Odisha Development AuthOrities Act. 1982 (Odisha Act. 14 of 1982) the a Developer Entity) and for that pu or epurpose or through an agency or State Government do hereby constitute en Aqvisory Council for Cullack Development acquire, hold, manage and disposer~~~e the Authority shall have power to Aulhority w1lh effect from the 1st day of September. 1983 consisling of lhe following building, engineering, mining and oth and and ~ther properly, to carry out members, namely connection with supply of water and e~~ ope~ations, lo execute works in 1. Vice-Chairman of Cuttack other services and amenities and generall t°ctricity, di~posal of .sewage, and development and coordinating develop Y do anything (including controlling Development Authority Ex officio Presid~nl necessary or expedient for purposes~:~ 1 a 1 : ~ogra1mmes of related agencies) 2 Chairman, Cuttack Municipal Council Ex officio Member incidental thereto : uc eve opment and for purposes 3 Chief Architect Odisha. Bhubaneswar Member Provided that save as pr 'd d · . . ovi e in this Act, nothing contained in this 4. Director of Town Planning, Odisha, Act shall be. constrned. as authorising the disregard by the A th ·t f Bhubaneswar Member law for the time being in force. u on Y o any 5. Chief Engineer. Roads. Odisha, Bhubaneswar Member CHAPTER-HI 6. Chief Engineer, Public Health, Odisha, BhubaneswarMember Development Plans 7 Chief Conservator of Forests, Odlsha Cuttack Member : 8. Preparation of interim development plan-(1) T~e Authority shall 8. Secretary to Government, Finance as soon as may be, prepare in interim development plan for the whole 0; part of the development area concerned : Department or his nominee Member Provided that if before the constitution of an Authorily for any development 9. Director of Tourism, Odisha. Bhubaneswar area, a Master Plan of such development area or part thereof has been Member published under Section 31 of the Odisha Town Planning and Improvement 10 Vice-Chancellor. Utkal University, Trust Act, 1966 (Odisha Act 10 of 1957) or approved under Section 32 of the said Act, the said Master Plan shall· be deemed to be an interim development Vani Vihar, Bhubaneswar Member plan published by the Authority or, as the case may be, approved by the · 11. Member of Parliament Member State Government under the relevant provision of !his Act. 12. M. L.A., Cuttack Sadar Member (2) The interim development plan shall indicate broadly the manner 13. President, Cuttack Chamber of Commerce Member.] in which the area c;overed by it shall be used and shall contain zoning regulations regulate the development in each zone. 6. Constitution of Committees-(1) The Authority may constitute as many committees consisting wholly of members or wholly of other persons 9. Preparation of comprehensive development plan-(1) Simultaneously or partly of members and partly of other persons and for such purpose or with the preparation of the interim development plan or immediately, thereafter, purposes as it may think fit. · the Authority shall carry out a civic survey and prepare a comprehensive development area or the part thereof, as the case may be . (2) A Committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the The comprehensive development plan shall- transaction of business at its meetings as may be determined by regulations (a ) define the various zones into which the land covered by the comprehensive made in this behalf. development plan may be divided for the purposes of developmenl and indicate the manner in which the land in each zone is proposed (3) The members of a Committee (other than those who are members to be sued (whether by the carrying out thereon of developmenl of the Authority) shall be paid such fees and allowances for attending its or otherwise) and the stages by which any such developmenl meetin?s and for attending to any other work of the Authority, as may be determined by regula.tions made in this behalf. shall be carried out ; and Vide Nolfn. No 37635-HU0/31 8.1983. 1. Ins. vide O.G.E No. \427, Cl. 06 10.2015 2. Subs. vide O.GE No. 1427, DI 06 10.2015 [S.10 208 ODISHA LOCAL LAWS s. 10-BJ 0. Developme t A n uthorities Act, 1982 209 (b) serve as a b as1 · c pa ttern of frame-work within which the zonal (vii) the number of resident 1 b . . development plans of the various zones may be prepared. any plot or site; ta uildings which may be erected on (2) The comprehensive development plan may provide 'for any other (viii) the amenities to be provid d. . e 1n relation to a · matter which .is necessary for the proper development of the area covered on sue h site whether before f ny site or buildings by such plan and for the health, comfort, convenience and general betterment and the person or authorit ~r a ~er the erection of buildings of the Pfesent and future inhabitants of the development area. such amenities are to be y Y w om or at whose expenses provided; 10. Preparation of zonal development plan· (1) Simultaneously with (ix) the prohibitions or restrictions r . . the preparation of comprehensive development pl~n or as soon as may be workshops ware-houses or egarding e_rechon of shops, thereafter, the Authority shall proceed with the preparation of a zonal developm~nt architectural feature orb '.Id factories or bu tidings of a specified plan for each of zones into which the area covered by the comprehensive in the locality; u1 ings designed for particular purposes development plan may be divided. (x) the maintenance of walls f (2) A zonal development plan may · h·t ' ences, hedges or any other structural or arc _1 ec_tural construction and the height at which they shall (a) contain a site-plan and use-plan for the development of the area be maintained; covered. by the zonal development plan and show the approximate (xi) the restrictions rega ct· th . location and extent or land-uses proposed in that area for such , . r ing e use of any site for purposes things as public buildings and other public works and utilities, other than erection of buildings ; and roads. housing, recreation, industry. business, market, schools, (xii) any other matter which is necessary for the proper development hospitals and other categories ol public and private uses: of the area cov~red by the zonal development plan or any part (b) specify the standards of population density and building thereof according to plan and for preventing buildings being density : erected haphazardly in that area or part thereof. (c) show every area which may, in the opinion of the Authority, be '[(3) For the purpose of effective and dynamic planning mechanism. required or declared for development or re-development ; a Zonal Development Plan may be divided into various sectors (d) provide for all ,or any of, the matters that have to be or may be • 1 and it shall indicate 'the manner in which the land in each indicated, defined or provided for in the comprehensive development sector is proposed to be used and the stages at which any plan with such modification as the Authority may deem fit ; such development of sectors shall be carried out. ) (e) provide !or the improvement of areas of bad layout or obsolete '[10A. Preparation of local development plan :(1) Simultaneously development and for slum areas.and for re-location of population; with the preparation of zonal development plan or as soon as (f) in particular, contain provisions regarding all or any of the following may be thereafter, the Authority shall proceed with the preparation matters, namely : of ·1ocal development plan for each of the sectors into which (i) the division of any site into plots for the erection of buildings; the area covered by zonal development plan has been divided: (ii) the allotment or reservation of land for roads, open spaces, Provided that the Authority may proceed with the preparation of local gardens, recreation grounds. schools, markets and other public development plan for any area, which is part of the development area. but purposes : for which no interim, comprehensive or zonal development plan, has. been (iii) th e d evelopment of any area into a township, or colony and prepared and in such cases, local development plans so prepared shall be the restrictions and the conditions subject to which such incorporated as such in those development plans, as and when they are developments may, be undertaken or carried out ; prepared and approved by the Authority. (iv) the ~rection of buildings on any site and the restrictions and (2) A local development plan shall contain a site plan with a detailed cond1t1ons in_ r:gard to the open spaces to be maintained in 'road network plan for providing access to each plot and the or around buildings. the percentage of built up area for a plot proposed use of each plot of land in the areas under local the locations. number, size, height, number of storeys, th~ development plan with provision of amenities besides the use and purpose to which buildings and specified areas of matters provided in sub-section (2) of section 1O . land may. or may not be appropriated or used, parking spaces and l~ad1.ng and unloading sites for any building and the siz~ 108. Reservation of land for housing for poor: The Authority shall, of pro1ec;ttons and advertisement signs, boardings and character at 'the time of preparation of development plans, earmark twenty of building; percentum of the vacant land under residential land use for (v) the alignment of buildings on any site; making provisions of housing facilities for Economically Weaker Sections and Lower Income Group categories. (vi) ~hel ?.rchitectural features of the elevation or frontage of any u1 01ng to be erecte~ on any site; 1. Ins. vide O.G.E. No. 1427, Ot 06.10.2015 2. Subs.videO.G.E No.1427.Dt.06102015 ODISHA LOCAL LAWS [S. 11 s. 14) 0. Development Authorities Act, 1982 211 210 . or this section, the expression. -- (2) A notice under Sub-section (1) shall be conclusive evidence that Explanation. - For the purpose . t' " means the sectron of persons the develop!"enty lan ~as been duly prepared and approved. The said plan (i) "Economically Weaker Sec ion . . 'b d b th shall come into operation from the date of publication of such notice in the whose household income is up to the lrm1t prescri e Y e Gazette. State Government. from time to time; and (3) After coming into operation of the comprehensive development ..) G ,, means group of persons whose household (11 "Lower Income roup plan. the interim develop~~nt plan shall stand sup~rseded and .shall become income is up to the limit prescribed by the State Government, inoperative and the prov1s1ons of the comprehensive development plan shall from time to time. I have effect. 11. Submission of development plan to the State G~vernn:ientfor (4) After coming into .operation of the zonal development plan of any approval ·Every development plan shall, as soon as may be after its preparation. zone, the provisions of the comprehensive development plan pertaining to be submitted by the Authority to the State Government for ~pproval, and the that zone shall stand modified and altered to the extent the provision of zonal State Government, in consultation with the Director, may, ert.her approve. the development plan are at variance with the comprehensive development plan. plan without modifications or with such modifications as it may consider '[(5)After coming into operation of local development plan, the provisions necessary. or reject the develqpment plan, with direction to the Authority to of interim, comprehensive and zonal development plans pertaining to such prepare a fresh development plan on lines indicated by the Government. area. shall stand modified and altered to the extent the provisions of Local Development Plan are at variance with such development plans.] 12. Procedure regarding preparation and approval of development plans- (1) Before preparing any development plan finally and submitting it to CHAPTER-IV the State Government for approval, the Authority shall prepare a development Modifications to the Development Plan plan in draft and publish it by making a copy thereof available for inspection 14. Modification to the development plan- (1) The Authority may and publishing a notice in such form and manner as may be prescribed by make any modifications to any development plan as it thinks fit, being modifications, rules made in this behalf inviting objections and suggestions from any person which, in its opinion, do not affect important alterations in the character of with respect to the draft development plan before such date as may be specified the plan and which do not relate to the extent of land uses or the standards in the notice. not being earlier than sixty days from the publication of the notice. or population density. {2) The Authority shall also give reasonable opportunity to every (2) The State Government may make any modifications to any development local authority within whose limits any land covered wholly or partly by the plan whether such modifications are of the nature specified in Sub-section development plan is situated, to make any representation with respect to (1) or otherwise. the development plan. (3) Before making any modifications to the development plan, the (3) After considering all objections, suggestions and representations Authority or, as the case may be, the State Government shall publish a notice that may have been received by the Authority and after giving reasonable in such form and manner as may be prescribed by rules made in this behalf opportunity of being heard, to any person including representatives of Government inviting objections and suggestions from any person with respect to the Departments and authorities, who have made requests of being so heard, proposed modifications before such date as may be specified in the notice the Authority shall finally prepare the development plan and submit it to the and shall consider all objections and suggestions that may be received by State Government for approval the Authority or the State Government. (4) Prov1s1ons may be made by rules made in this behalf with respect (4) Every modification made under the provisions of this section to the form and content of a development plan and with respect to the procedure shall be published in such manner as the Authority or the State Government, to be followed and any other matter, including time limits in connection with as the case may be, may specify and the modifications shall come into the preparation, submission and approval of lhe development plan operation on the date of the publication or on such other date as the Authority (5) Subject to the foregoing provisions of this section, the State or the State Government may fix. Go•1ernment may direct the Authority to furnish such information as the State (5) When the Authority makes any modifications to any development Government may require for the purpose of approving any development plan plan under Sub-section (1) it shall report to the State Government the full submitted to H under this section particulars of such modifications within thirty days of the date on which 13. Coming into operation of the development plan -(1) As soon · such-modifications come into operation. as rray ce after a de'lelcpment plan has been approved by the State Government, (6) If any question arises, whether the modifications propose~ to the Author t/ shat publish tne approved development plan in such manner be made by the Authority are modifications which affect importanl alterations as may oe prescribed by regulations and shall also publish a notice 1n the in the character of the development plan or whether they relate to the extent Gazette anc 1n at feast one local ne11spaper stating that the development of land use or the standard of population density; 1t shall be referred to the o a~ r>as :iee1 approved ard mentioning the hours and the place where a State Government whose decision thereon shall be final -::;r:.1 c' :~e de1e op71en1 pan may be inspected Ins vide 0 GE No 1427 Dt 06 10 2015 -- ,. IS 15 s 161 0 Development Aulhontit:s Act 1987 213 :1: '((4) I he State Government may cxctud!' cNIJm c:itcqorics ol development 11 ,wrrig such low risk as may bo pre-scribed from the conditions of prior Hpprovat, rf such dovcloprncnl conforms lo ·,urll lcnns ;incl conditions as rnAY bo prescribed! CASE LAW. CHAPTER·V Soc. 15 • Co11st111c/1011 of rotop/10"0 ro1vtJr 1111 r/10 roof Porm1ss10r1 from Dcvrlopmrnt of LAnn . //to oovolopmo11/ A11t11onty 111 wr1t111g is 11acass11ry ru 11rst1/11ro 01 cr11111qe. tho use of .1n11t1.n\J 1 n s ' r P llA ro H h l 1 ' l' b O 1 't i 1 o 0 n · 1 < 1 ll '1 d ' ~ ' ' l w h · _ 1 l ' o I p l, m 1 • \1 r • . n , l t 1 , w 1 l , i 1 th ' th o ) u ( r l t f c p S ( e l t n ' r C m s l t l 1 i o 1 s n l s f l i 3 1 o o , n n n o o ( 1 f p ) n e N n r o s A l o w u n 1 t lh i h n s o c l r a l i u n ty d d r i f n n o g g r w 0 bi 1 n u 1y o tc i t 1 o 1 n 1 1 1 p g 1< o 1 o 11 o r r1 r 1 1 1 s 1 b s 1 o 1 10 1 r 1 fr 1 l o 11 v f 1 r o g o 1 m o 1 1 r 1 t1 1 1 1 y 0 c 1 ln C n 11 l c o 1 1 1 v d o o - lo r P l p o r m o lw v a 1 r t1 q r t n . o 1 { 1 r 1 1 1J r c 1 ( n 1 h 0 r ) 1 r 1 y ( t 1 y c 1 l 1 i q s . :m n 01 o 1 v 1 r < • ' n d C 1 1 ' 0 ) y 1 " 1 ' 1 c 'L i t r • ' . d 1 ~e ' 1 t / o 1 p ' 11 " 1 1 1 1 1 1 0 t 1 ' 1 1 \ 0 1 C 1 p o 1 1 p n e 1 s 1o a e n n 11 s y t . t 1 1 o 1 o 11 a . 1 r : r h > d .1 C 1' 11 1 'N 1 1' 1 p l 1 o . 1 - • p 1 1 n i 1 1 l 1 t h • r ' n l ( " 1 t 0 r .1 > n 1 s r 1 ' l1 · t ~ lu • 1 ' 1 l1 1 1 1 1 ' 1 1 • 1 1 1 1 • ' 1 1 . 1 rn : " - o i 1 i 1 i ~ ' r : ~ • \ , ; ~ , 1 1 :' 1 . • 1 1 G 1 1 1 1 o s ~ h t• i i ll n l1 m Y c it n h l 1 11 0 t 1 h n t' l d o e c v a e l l a o u p t m h e o n ri t t y a r o e r a 8 . c a t o S n s { d o I I o / o 1 t 1 h f 1 / e d // r r . s e 0 A : P c 2 t N 0 : 1 o 0 S s w (S n 7 p u l a l p l n l p d . G · 9 1 l 1 1 c ) o a s O n f1 L n R o a t n 7 c d / 7 1 1 3 o 11 l 1 h 1 o O r Y s C v m . p C t1 u 0 t 11 r o u c 11 k d e D 1 o p v r o o l v o i p s m o o (c n } t o A f u S t o h c o t1 r 0 i 1 ty 1 1•l [suo d1 11 .• u l' "' ,1 r 1 i " ~I , " . 1 111'1 1e throu • g h lay o . u t] a . ny land for utilising , 16. Application for permission ( 1) Every person rnclud ng a department st'llmo ll'a~mo out 01 lllherw1sc disposing 11 ~f unless he. after of the Central Government or a State Government or a local authority or a obta11;, 110 i\litl~n 1.11.•rn11S$1C111 from lhe Authorrly. lays down and body corporate constituted under any law intending to· mat..es a' sueel N slfc:'l'IS g1v1ng access and 'tnghl of way to all (a) subdivide '(or amalgamate) hrs land for utllrstng. sell111g leasing "*' 1 nal plc>ls) 11tiich he intends to subdivide lhe land so as lo out or otherwise disposing 1t of. or C'onnert tlH?m wi1h an e"stmg public or prrvale slreel and also (b) institute or change the use or any land or building or under take pr<.'i 1at>s amenities 11 an\' spec1f1ed by the development plan in: or carry out any development in any building • or 111 or over any operaHo" <'I 1egula11ons perta1nmg to planning or building standards land, except where such development 1s for any of the purposes made 1n t111s t>ehall specified in the proviso of Sub-sectron (1) ol Section 15. (111 111st11ute or rhanoe lhe us<.' of any lnnd or building or undertake shall make an application 1n writing to the Authority for perm1ss1on or carry out any ·developmrn1 111 any building or in or over any in such form and containing such particulars and accompanied and\\ 1hou1 ct'ta1n1ng permission in wri11ng from the concerned by such documents as may be prescnbed by regulations Autho111y (2) Every application under Sub-section (1) shall be accompanied Provided thill no such permission shall be necessary for- by such fee as may be prescribed by rules. 1al lhe carry1119 out of such works for the maintenances. improvement (3) On receipt of any application for permission under Sub-section or other alteration of any building as may be specified by (1 ). the Authority shall furnish the applicant with a written. acknowledgeme~t regulations made in 1h1s behalf, of ils receipt and afler making such enquiry as it cons1d.ers nece.ssary ~n lb) 1he carrying out by any local authority or by any department of relation to any matter specified in lhe development plan in operation or m Government of any wo·~s for the purpose of inspecting, repairing relation to the regulations pertaining for planning and building slan~ards or renewing any drains. sewers, mains, pipes, cables or other or in relation to any other matter as may be prescribed ur.der regulal~~ns. apparatus including the breaking open of any street of olher shall by order in writing, either grant the permission, subject to such co~d1t_1on: land, lor that purpose. if any, as may be specified in the order or refuse to grant such permission. (c) ~pera11onal construcllon by a department of Central or a State ·Provided that where the provisions of Chapter IX have been brought overnmenl or a local aulhonty or a body corporate constituted into force in any area under the jurisdiction of the authority and the application under any law for permission under Sub-section (1) rel~tes to such area. the Authority (2) Alter the coming mto area. all developments rn that a 0 peratron of any development plan in any shall not grant permission unless development charges, '[and City Infrastructure and no person shalt use or e rea shall conform to such development plan Impact fee) if any, have been paid in respect of the land or building lo which area otherwise than in conr:r~~11 1 . 0 be used any land or building in that the permission relates : . i Y v111h such development plan Provided further thal befo;e making any order refusing permission. (3) Notwithstanding anylhin . · development of any land begu b g contained in Sub-sections (1) and (2) the applicant shalt be given a reasonable opportunity to show cause why Government or any local autho~i Y:ny department of the Central or State the permission should not be refused. law before the commencement 011~ 0 a body corporate constitute under any (4) Every order granting permission subject to conditio~s .or refusing 18 or local aulhority or body corpo t Act may be completed by that department permission, shall state the grounds for imposlng such restrictions or for of those sub-sectrons ra e Wilhout compliance with the requirements such refusal, as the case may be. 1 1. Ins. vide O.G.E No. 1427, DI 06 10 20t5 ·• (S. 16 ODISHA LOCAL LAWS S 16-A] 0. Development Authorities Act, 1982 215 214 d Sub-section (3) with or without the same quashed. PKDA bein~ _an implementing agency under the E (5) Every permission granled un ber prescribed by regulations. ds to set fo//owmg /he provisions under /he CRZ Not1f1cat1ons . B ·1 .P AKct, 1986 condition shall be in such form. as ma: e shall be communicated to the n o e a e s • Pres Id en t , H o t e 1 A ssoc1 · a t1 · on of Puri v. State of Odfs · h a 1 a a n y d a o r th u e sh rs n a : (6) Every order under Sub-section (3~b d by regulations. 2015 (I} OLR 588 . appli . c ant . in sue h manner. as may be presc . r i e · decision either grantin sec. 16(1), 16(7) and 16(8) - Construction of a res1dentiallcommerciat (7) If the Authority does not. comm~~~a:e ~smonths from the date 0~ S+8 buildi~g -Approval of plan - Deem~d ~anct1on of plan • A deemed provision is or refusing permission to the applicant ~1! in w :el icant shall in the form legal fiction created by a statute and 111 mterpretmg a legal fiction the Court is 10 ~irst ascertain t~e purpose. for which the fiction is created • /n construmg the receipt of the application by the Authority: the faf Vice-Chairman of the rction its effect 1s not to be extended beyond the purpose for which it s created _ prescribed by regulations draw the attention o ~ourt cannot hold that the deeming. provision under ~ec. 16(8) can be 1 applied in Authority with regard to his application. by registered post. . the facts of the case : (MIS.) Z. Eng111eers Construction (P) Ltd. v. Bhubaneswar (8) If ·th. f rther period of one month from the date of re.ce1pt of Development Authority and another : 2006 {II) OLR 277 · wi in a u . · d 1n Sub-section (7) the application drawing such attention, as menti~ne . . • Sec. 16(8) -Approval of Building plan -Deemed sanction of plan -Conditions the Authority does not communicate its dec1s1on, either granll.ng or refusing n sending the form • Relevant form is Form Ill and the same is s statutory form - permission such permission shall be deemed to have been. granted to the ~onditions are to be mandalorily followed by anyone who seeks to invoke the benefit applicant on the date immediately following lhe date of expiry of lhe lhree nder sec. 16(8) - This has not been done in the present case · Without compliance u th these statutory requirements. the petitioner cannot claim Ille benefit of Section months' period : ~~(8} : (Mis.) Z. Engineers Construction (P) Ltd. v. Bhubaneswar Development Provided that In computing the period of two months under Sub Authority and another : 2006 (II) DLR 277 . section (7) and further one month under Sub-section (8) the period in between sec. 16(8) - Deemed grant of permission - Petitioner on 30. 09. 2008 made the date of requisitioning any further information or documents from the an application under Sec. 16 of the Act seeking permission for construction - I applicant and the date of receipl of such Information or document from the Petitioner not communicated with any decision either of grant or refusal of permission I applicant shall be eKcluded. . ithin two months from the date of the receipt of the application - Petitioner again (9) The order passed under Sub-section (3) shall, subject to the 0 V in 3 o _ . E 11 v . e 2 n 0 0 a 8 ft e m r a la d p e s e a n o o f t o h n e e r a m p o p n li t c h a o tio f r n e c u e n i d v e in r g S s e u c c . h 1 / 6 e ( l 7 / ) e r o , f n o /h e c o A m c m t u b n y l c re at g :~ : . s -. u w re a d s \1 order passed in appeal, if any, be final. 051 ~eceived • Held, alt the technical requirements have been satisfied in the case -No (10) Where permission is refused under Sub-seclion (3), the applicant ·mpediment to come to a conclusion that the benefit of the deemed provision should l or any person claiming through him shall not be entitled to get refund of lhe ~e extended to trye petitioner-company : Praxlar India Pvt. Ltd. v. Sub-Collector fee paid on the application but the Authority may, on an application for refund and Sub-Divisional Magistrate, Angul and others : 2013 (I) OLR 813 : AIR being made within three months from communication of the grounds of the 2013 Ori. 137. refusal, direct ref,und of such portion of the fee as it may deem proper in the '(16A. Common Application Form for permission :(1) Notwithstanding circumstances of the case. anything contained in this Act or in the Rules or Regulations made thereunder, (11) The Authority shall keep in such form as may be prescribed by for the purpose of simplification of process for grant of perrn1ss1on by the regulations a register of applications for permission made under this section Authority under section 16, the State Government may prescribe Common (12) The said register shall contain such particulars including information Application Form to be used by persons requiring such permissions. as to the manner in which applications for permission have been dealt with. (2) Every person shall make a Common Application to the Authority as may be prescribed by regulations and shall be available for inspection in such Form, in such manner and subject to such conditions as may be to the public at all reasonable hours on payment of such fees. as may be prescribed. prescribed by rules. (3) On receipt of Common Application Forms, the Authority s~all CASE LAW: transmit copies of such applications to all such Departments and Agen~1es Sec. 16 -Enviro11ment Protection Act -Non-allowing of construction activities of lhe State Government from which No Objection Cerlificales are required within the prescribed norms of Coastal Regulation Zone-II by Purt-Konark Development before grant of permission by the Authority and such Departm~nts and A~~ncies Authort/y · Wf/t · For the purpose of urban plan11ing including Town Planning needs of the State Government shall consider for grant of such No Ob1ect1on Certificates to be done following the provisions contained in Municipal Act and Rules - Even to the Authority as per the time limits fixed in the rules and in the eve.nt of after Puri Mumcipsl area Is brought under Coastal Regulation Zone /he law as existed in February, 1991 will be the law for all purposes i.e law to be followed as failure of any Department or Agencies of the State Government to communicate prevailing in lh9 fiold will be ~uniclpal Act and Rules -PK.D.A. being an authority their views within the time limits fixed, then No Objection Certificales shall under _the. E.P.Act so far as its action reletcs to Puri town coming under tha Puri be deemed to have been obtained. Mu111c1pat1ty are to be covered under t/Je provision and it has no role to play taking (4) The State Government may make rules for prescribing lhe detailed the help of provisions from the Odisha Development Authority Act • Any action procedures for processing of Common Application Forms by Departments undertaken by the PKDA under the provisions of Section 15. 16 or 91 and 92 of the O D.A.A71 are per se illegal and such action cannot be sustained in the eye of law and Agencies of the State Government, and also on other such matters as - Held, impugned order being an action contemplated under Sub-section (3) o/ required in this regard. Section 16 of the O.D.A Act. the same is illegal being without competency and thus 1. Ins v1de O.G.E No. 1427, Dt. 0610 2015 [S. 17 s. 21) 0. Development Authorities Act. 1982 ODISHA LOCAL LAWS 217 216 20. Duration of permission-Every per . . . ined in this section. any application Chapter shall remain valid up to three years duri~g1ss1ho'nhgran.ted under t.his (5) Notwithstanding anything conta 1 of the Odis ha Development . , f · . w IC period completion pending immediately before the commencemen sidered in accordance with certificate rom a registered architect or engineer or Authorities (Amendment) Act, 2015 shall be con e I e Authority in the forms prescribed by regulations sah plel rbson approved by 11 1 th · d h · . a e submitted and the provisions existing prior to su . ch . com If m en a c n e y m time • after perm1 • s s1 • o n f or or this ~s not ~ne, '· e perm1ss1on shall have to be re-validated before the 1 17. Revocation of permission· a . (3) of Section 16 the expiration of this pen~d o_n payment of such fee as r:iay be prescribed under ed under Sub-sec1 ion ' de ve I opmen I h as b een gran l . d d in consequence of. rules and such revahdat1on shall be subject to the rules and regulations Authority is satisfied that such sanction was acc~r ee nl contained in the then in force. any material misrepresentation or fraudulent sta em. . d f · · · · · by order in writing an or reasons 1(20A. Grant of Occupancy Certificate : On receipt of Completion appl1cat1on for such permission,!1 may, d ment undertaken in to be recorded cancel such perm1ss1on and any eve 1o p d certificate u_nder section 20, the Authority shall c·onsider for grant or Occupancy pursuance of such permission shall be deemed to have been un ertaken certificate in such Form for authorizing occupation of the building or the without permission as required under Section 15 : premises in part or full, on payment of such fees and on such terms and conditions as may be prescribed.] Provided that before making any such order the Authority shall give reasonable opportunity to the person affected to show cause as to why 21 .. Power of the Authority to undertake development-(1) Subject such order of cancellation should not be made. to the provisions of this Act and rules or regulations made thereunder, the Case Law : Authority may undertake development in any area under its jurisdiction by Permission for construction of kiosks -Subsequent cancellation· Development framing and executing development schemes. Authority has to give a reasonable opportunity to the "person affected" to show (2) Notwithstanding anything contained in Sub-section (1) , it shall cause as to why such order of cancellation sflould not be made • Principles of be lawful for the Authority to undertake development in any area outside its natural justice would be violated. In the present case expression ·person affected" jurisdiction for the purpose of providing amenities and utilities which are would include the members of the petitioner-society • Since reasonable opportunity of showing cause not given, order cancelling the earlier permission, quashed • wholly or partly beneficial to the residents of the area under its jurisdiction. Further direction issued : Rafp ath Footpath Byabasai Sangha v. State of Odisha (3) A development scheme may make provision for all or any of the and 3 others : 2005 (/) OLR 21. I; following matters, namely : 18. Appeal against the decision of the Authority under Section 16 (a) acquisition of land by purchase, lease or otherwise and to erect or 17 • (1) Any applicant aggrieved by an order under Section 16 or Section 17 may, in such manner and accompanied by such fee as may be prescribed thereon such buildings or to carry out such operations as may by rules prefer an appeal within forty-five days of the receipt of the order to be necessary for the purpose of carrying on its objects: the Stale Government or an officer appointed by the State Government in (b) construction, maintenance, extension, management and conduct this behalf. of- (2) The appellate authority may, after giving a reasonable opportunity (i) any undertaking for the generation or supply and distribution, to the appellant and the Authority or being heard, by order, either dismiss or for both of electricity and gas to the public, the appeal or all?w.it by p~ssing an order granting permission unconditionally or grant1n~ perm1ss1on sub1ect to such condilion. as it may think fit, or removing (ii) any undertaking for providing adequate water supply; the co~d1twns subje<;t to which permission has been granted and imposing (c) disposal of sewage and manufacture of sewage gas: cond1t1ons. 1f any as it may think fit. (d) layout or re-layout of vacant or built-up land covered by the scheme: (3) The decision of the appellate aulhorily shall be final and shall (e) ·filling up or reclamation of low-lying, swampy or unhealthy areas not be questioned in any Court or law. or levelling of land; · Case Law : (f) layout of new streets or roads and construction, diversion, extension, . Appeal under -Right of · Third party has no such right : (Mis.) Swastik Bu!lders and Development Pvt. Ltd. v. State of Odisha and others : AIR 2001 alteration, improvement or closure of streets. road, traffic islands On. 80. and communications: · 19. Use of lands and buildings in contravention of development (g) construction, reconstruction, alteration, Improvement and maintenance plan -After the coming into operation of any of the development plans in any of buildings, public streets, bridges, culverts, cause-ways and area no Ji)er~on shall. use or permit to be used any land or building in that other structures: area otherwise than in conformity with such developmenl plan : (h) assembling, relaying out and re-distribution of property comprised P.rovided that it shall be l~wful to continue the use upon such terms and cond1t1ons. as may be prescribed by regulations made in this behalf of in the scheme; any land or building for the purpose and to the extent for and to which it is (i) lighting, watering and cleaning of streets and other public places; being used upon the date on which such development plan comes into force. 1. Ins. vide 0 GE No 1427. 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'X'/ '-' 1111111 1111 /•11ll111ril/ 1111111 I lit• 11111/1'.!'111·; •1f l!i1:. l•r,I lit lltt, •,•111•,1,11111rJ l•,•,:,j lt1•: 1/;ft~l/IJ'~l•f;(f f;( ;,l'<:Ps11fJ( ~":ff '11~1 t,f f1) '1 ''~ti '1f ~4':t '," •Hllf1111fl/ t11,tfj I t1lf1'J/,tf1, f,i, 11,,t1t:1f1JI, =;1,t Jiff/ lffftf;fl1/fll 'd ;,~ tht• t,tf!':.•J 1,H 111 :,•r J',t 11«:t> '''" J 1,11 H1• 111 ,,,.,,,,, ,,1 ,,, If,, ·, t.,,. ,,, ' .. •·ntt.tl 1,,, 1, ,, ,, ,., t I ' 220 OOISHA LOCAL LAWS (S. 22 s. 24) 0. Development Auth ·t· on ies Act, 1982 221 {I) the re-distribution of sites belonging to owners of property, comprised 23. Declaration of intention top in the town planning scheme; . 1 Before making any town planning sc~e:'are_ a town planning scheme. (g) the allotment or reservati . o n °f 1 a n d for r t o ads 'e o e p n e n b s e p lt a c a e n s d , g d a a rd ir e ie n s s ' A <Jthorily may, by resolution declare its inte~ 1 ~ int °re spect of any area, the recreation grounds, school~, marke s, g~ kinds. ' respe Ct of such area. n make such a scheme in transport facilities and public purposes 0 ~ 11 ' (2) Within thirty days from the date of the d . . . (h) undertaking housing scheme for different income gro_ups, and • make town planning scheme under Sub-sectio~clarat1on of the ·~tent1on undertaking development or re-development of com~erc1al areas, ~oublish dec~!~~:i~~)~~t~ho:·~a:=~fl the declaration (hereinafter referred to as industrial estates and similar type of development, and in such other m~nner as may be prescribed by rules and despatch : (i) the drainage, sewerage, water-supply, fighting or gas-supply; coPY thereof, alo~gw1th a plan showing the area which it proposes to include (j) the acquisition by purchase, exchange or _otherwise of any prop~rty in the town planning scheme, to the State Government. necessary for or affected by the execution of the town planning (3) With_in fifteen days from the date of publication of the declaration scheme; under Sub-section (~) the Authority shall publish a notice in the manner (k) closure or demolition of dwelling or portion of dwelling unit for prescrib_ed by r~les ~n the Gazette a~d at least in one local newspaper human habitation; inviting informations in the form pre~crrbed by rules, to be furnished within (I) the demolition of obstructive buildings or portion of buildings; two months from the date of pubilcallon of such notice In respect of any title (m) the safe, lease, exchange of any property comprised in the town or interests any pers_on may have, in the lands or buildings covered by the intended town planning scheme. planning scheme: (n) the provision of sanitary arrangements required fqr the area comprised , (4) A copy of the plan despatched to the State Government under in the town planning scheme including drains, the disposal of Sub-section (1) shall be open to inspection by the public at the time and place to be specified in the notice. waste and refuse and the conservation of and prevention of injury \ ' or contamination to rivers or other sources and means of water 24. Preparation and publication of draft town planning scheme supply; etc.-(1) Within twelve. months from the date of declaration of intention to (o) advance of money for the purpose of the town planning scheme; repare a town planning scheme the Authority shall prepare a draft town ~tanning scheme for the area in respect of which the said declaration has (p) the preservation of objects of historical or national interest or been made : natural beauty and of buildings actually used for religious purposes; Provided that on application by the Authority in behalf, the State Government (q) the imposition of conditions and restrictions in regard to open spaces to be maintained around buildings, the percentage of may, from time to time, by notifica~i?n exten~ the aforesaid period by s~ch period or periods, as may be spec1f1ed therein, so however that the perrod building areas for a plot, the number, size, height and character or periods so extended shall not, in any case, exceed six months in aggregate. of buildings allowed In specified areas, the purposes for which buildings or a specified area may or may not be used, the subdivision (2) The Authority shall immediately after the preparation of the d~aft of plots, the discontinuance of objectionable uses of land in any town planning scheme prepare a notice stating that draft town planning area in reasonable periods, parking spaces and loading and scheme in respect of the area for which intention to prepare such scheme unloading spaces for any building and their sizes of projection was declared under Sub-section (1) of Section 23 has been pr.epared and and advertisement signs; that the boundaries of the area comprised in the town planning scheme (r) the suspension as far as may be necessary for the proper carrying and the ptace and the time at which particulars of the scheme may be seen, out of the scheme, of any rule, bye-law, regulation, notification or the notice shall also state as to where and during what hours a c~py ~hereof order made or issued under any law for the time being in force or any extract therefrom certified to be correct, sh.all, o~ applrcat~on, be which the legislature of the State of Odisha is competent to amend; available for sale to the public at a price to be mentioned in the notice. ( s) the reservation of land to the extent of ten per cent, or such percentage (3) The Authority shall- . as near thereto as possible of the total area, covered under the (a) cause the said notice to be published in the Gazette and 1_n at town planning scheme, for the purpose of providing housing least one local newspaper inviting objections an_d suggestions accommodation to the members of the socially and economically in writing from the interested person within forty:f1ve days of the backward classes of people; publication of the notice in the Gazette : and . . (I) such other matters not inconsistent with the objects of this Act (b) serve a copy of the notice within thirty days of the publ1ca1ton of as may be prescribed by rules. the notice in the Gazette under Clause (a), on each of the owners (5) In making provisions in a town planning scheme, for any of the of land comprised in the. town planning sc~eme. or any person matters referred to in Sub-section (4) ii shall be lawful for any Authority with or persons believed to be interested therein. . . the approval of the State Government and subject lo the provisions of Section 30 to provide for suitable amendments of the development plan. (4) If the Authority fails to make a d r~ f t. t own P I a n . n i d n g s t c e h n e d m ed e w un it d h e in r the period specified in Sub-section (1) or within the peno ex the proviso to Sub-section (1 ), the declaration shall lapse. 222 ODISHA LOCAL LAWS [S. 25 s. 301 0 . Developme n 1A uthor • i t1es Act, 1982 223 25. Power of State Government to require Authority to make town (2) For the purposes of Sub-section maY contain proposals- (l) a draft town planning scheme planning schemed _ Notwithstanding anything contained in. Sections 23 and 24. the State Government may. after making such enquiry as it may (a) to form a final plot by reconstitution of .. deem necessary, by notification, require any Authority to m.ake and publish of the boundaries of the orig' ~n original plot by alteration . ina 1 p 1o t if necessary in the manner prescribed by rules and submit to it for sa.nct1on, a draft to.wn (b) to form a final plot from an or . · 1 planning scheme in respect of any area in regard to which a town planning partly of any-adjoining lands \gina plot, by the transfer wholly or scheme may be made. (c) to provide with the consent of th • (2) For lhe purposes of this Act and the rules made thereunder. the plots. which are owned b e owners. that two or more original publication of notification under Sub-section (1) shall be deemed to be publication jointly be held in ownerZh~everal persons or o~ned by persons of a declaration under Sub-section (2) of Section 23. without alteration of bound~r:~sc~mmon as a final plot, with or 26. Inclusion of additional area in a draft town planning scheme - (d) t~ at~lott a finall plo~ to any owner, disposed of land in furtherance If, at any time, before a draft town planning scheme is prepared and submitted 0 e own P ann111g scheme; and to the State Government for sanction, the Authority is of the opinion that an (e) to transfer the ownership of an original plot from one person to additional area be included within the said scheme, the Authority may, after another. informing the State Government and after giving notice in the Gazette and in at least on local newspaper include such additional area in the draft town (3) Where ~he purposes to which any buildings or specified areas planning scheme and thereupon all the provisions of Sections 22, 23. 24 may not be ?ppropnated h.ave been specified in accordance with Clause (q) and 25 shall apply in relation to such additional area as they apply to any of Sub-section (4) of Section 22, such buildings or areas shall cease to be original area of the town planning scheme and the draft town planning scheme used for a purpose, other .than the purposes specified in the draft town I shall be prepared for the original area and such additional area and be planning scheme, within such time as may be specified in ·the final town I submitted to the State Government for sanction. planning scheme and the person affected by this provision, shall be entitled I. to compensation from the Authority in the manner and according to the method 27. Contents of draft town planning scheme-A draft town planning prescribed by rules : scheme shall contain all or any of the following particulars, as far as may be necessary, namely : · Provided that in ascertaining such compensation. the time within which the person affected was permitted to change the use shall be taken (a) the ownership. area and tenure of each original plot; into consideration. (b) particulars of land a'llotted or reserved under Clauses (a) and1 29. Disputed ownership-(1) Where there is dispute as to the ownership (g) of Sub-section (4) of Section 22 with a general indication of of any land included in an area, in respect of which a declaration has been uses to which such land is to be put and the terms and conditions made under Sub-section (1) of Section 23 and any entry'in the records-of· subject to which, such land is to be put to such use ; right or mutation relevant to such dispute is inaccurate or inconclusive. an (c) the extent to which it is proposed to alter the boundary of original enquiry may be held on an application being made by the Authority or the plots by reconstitution; Valuation Officer at any time prior to the date on which the Valuation Officer· (d) an estimate of the total cost of the town planning scheme and draws up the preliminary town planning schemes under Section 35 by such the net cost to be borne by the Authority; officer as the State Government may appoint for the purpose of deciding as (e) a full description of all the details of the town planning scheme to who shall be deemed to be the owner for the purposes of this Act. with respect to the matters referred to in Sub-section (4) of Seclion (2) Such decision shan not be subject to appeal but it shall not 22 as may be applicable; operate as a bar to a regular suit in the Court of competent jurisdiction. (f) the laying out or re-laying out of land, either vacant or already (3) Such decision shall, in the event of the Civil Court passing a built upon; decree which is inconsistent therewith, be corrected. modified. or rescinded (g) the filling up or reclamation of low lying swampy or unhealthy in accordance with such decree, as soon as practicable. after such decree areas or levelling up of land, if such land exists in the town planning has been brought to the notice of the Authority by the Civil Court or the scheme area ; and person concerned. (h) any other particulars which may be prescribed by rules. (4) Where such a decree of the Civil Court is passed after the final town planning scheme has been sanctioned by the State Government under 28. Reconstituted plots-(1) In the draft town planning scheme, the Section 48 such final scheme shall be deemed to be suitably varied by size and shape of every reconstituted plots shall be determined, so far as may be, to render it suitable for building purposes, and where a plot is reason of such decree. already built upon, to ensure that the building. as far as possible. complies 30. Objection to draft town planning scheme to be considered-All with the provisions of the draft town planning scheme as regards open ob1ections, suggestions or representations received in respect. of a. draft spaces. town planing scheme in response to, and within the period specified in the notice published under Clause (a) of Sub-section (3) of Section 24 shall be ODISHA LOCAL LAWS [S. 31 s. 34) 0. Development Authorities Act, 1982 224 225 forthwith considered ~y the Authon . t ye w s h ti i o c n h s m o a r y ~e a p ft r e e r s h e e n a t r a in ti g o n a s l l a su s c m h a p y e r h s a o v n e s ly in ( r 3 e ) la T t h io e n p r to ~v u is n i a o u n t s h o o r f i s S e e d c t d io e n v s e 9 lo 0 p . m 91 e n a t n d 93 shall as l~r as may be, making any such ob1ections, sugg . t may al any time befo aPP ning scheme. or use of land included in a desired to. be heard or their duly _authonsed agt enths~ Staie Government are town P1a h su e b r m ei 1 n I a t · i f n te g r t p h r e o v d id r a e f d t , t m ow o n d if p y l a s n uc n h in t g o w s n c h P e 1 a m n e n i · n o g scheme as it considers • fit s . the even ( t 4 o ) f T th h e e S re t . a s t t . e r i c G ti o o v n e s r n im m p e o n s t e re d f u b s y in Ib g i s to s s e a c n tio ct n io s n h t a h 1 e 1 c d e r a a s ft e t o to w n o pe la ra n t n e i n 1 n 31. Power of State Government to sanction draft town P!ani_ng scheme or the pr~hminary town planning ~cheme. or in the event of the w~hdraw:i scheme-The Authority shall. within six months from the d_ate of publication of the town plann.ing scheme under Section 4g or in .the event of the declaration of the notice regarding preparation of the draft town planning scheme un?er f intention lapsing_u nder Sub-section (4) of Section 24. 0 Clause (a) of Sub-section (3) of Section 24. submit the draft town plann~ng (5) Any diminution in the value of an original plot . d b · f h · · 0 ccas1one y any scheme with modification, if any, that (may have been made un~er Sect~on contravention o. t e prov1s1on of ~uh-section (1) or of any condition imposed 30, together with the objections, suggestions and represe~tahons "."h1ch nder Sub-section (2) s~all, notwithstanding anything contained in S.ections may have been communicated to it to the St~te Government for sanction. ~O. 61 and 62 be taken into account in fixing the market value of such plot. (2) After receiving the draft town planning scheme a~d. aft~r making (6) On .and alter the date referred to in Sub-section (1 ), the Authority such enquiry as it may think fit, the State Government may, w1thin·s1x months . tending to carry out development of any land, within the area included in from the date of its receipt by notification, either sanction the draft town in . h f . the town planning sc eme, or its own purpose in exercise of its powers planning scheme with or without modification or subject to such conditions der any law for lfle time being in force, shall carry out such development as it may think fit to impose, or refuse to accord section. ~:conformity wit.h the provision~ of such scheme, and of the bye-law and (3) If the St~te Government sanctions the draft town planning scheme, regulations relating to construction of buildings. it shal: in such notification mention the place at which and time during I (7) The provisions of this section shall not apply to any operational which the draft town planing scheme as so sanctioned shall be open to 1. constructions undertaken by the Central Government or a State Government. inspection by the public and the State Government shall also mention therein I where and during what hours a copy thereof or any extract therefrom, certified 33. Appointment of Valuation Officer -(1) Within one month from to be correct, shall on application be available for sale to the public at a the date, on which the sanction of the State Government to a draft town price to be mentioned in the notice. planning scheme is notified in the Gaze/le, the Stal~ Government shall appoint '[31A. Effect of sanction of Draft Town Planning Scheme :(1) Where a Valuation Officer, p.ossessing such qualifications as may be prescribed I by rules for the purpose of such town planning scheme and provide him l a draft scheme has been sanctioned by the State Government under sub section (2) of section 31(hereinafter referred to as the sanctioned draft scheme), with such number of offjcers and staff as may be considered necessary and all land required by the Authority for the purposes specified in clauses (d), 'his duties shall be as hereinafter provided. (i) and (n) of sub-section (4) of section 22 shall vest absolutely with the '[Provided that the State Government may, on the request made by the Author t'I free from all encumbrances. Authority, appoint a Valuation Officer within one month from the dale of publication (2) Nothing in sub-section (1) shall affect any right of the owner of of the draft town planning scheme under subsection(3) of section 24.) the land so vested for the purpose mentioned in that sub-section. (2) When a person appointed as Valuation Officer under Sub-section (3) Provisions of sections 51 and 52 shall, mutatis mutandis, apply (1) ceases to hold the office and another person is appointed in his place, to the sanctioned draft sch.eme as if, the sanctioned draft scheme were a any proceedings pending before such officer immediately before the date preliminary town planning scheme.) he ceases to hold the office, shall be continued and disposed of by the 32. Restriction on use and development of land after publication Valuation Officer appointed in his place. of draft town planning schemed -2[(1) On or after the date on which declaration (3) A Valuation Officer appointed under Sub-section (1) for the purpose of intention has been made by the Authority under sub-section (1) of section of any town planning scheme shall cease to hold office wi.th effect from the 23 and ~ul_y published as required under sub-section (2) thereof, no person date on which the final scheme is sanctioned under Section 48. shall, w1th1n the area in respect of which the intention has been declared carry out any development unless such person has applied for and obtained 34. Duties of Valuation Officer-Within a period of twelve months necessary permission from the Authority for doing so in the form as may be from the date of his appointment, subject, however, to the provisi.ons of prescribed.) Sub-section (2) of Section 33, th~ Valuation Officer shall, _alter follow1~g the . procedure prescribed by rules, subdivide the town planning scheme into a . (2) Where a~1 application for permission under Sub-section (1) is re~e1ved by the Authority, 1t s.hall send to the applicant a written acknowledgement preliminary town planning scheme and a final town planning scheme: of its receipt and after making such enquiry as it deems fit and in consultation Provided that the State Government may, from time to time, by order with the Valuat_lon Officer, if any, may either grant or refuse such permission In writing, extend the said period by such further period or periods, as may or grant 1t sub1ect to such conditions as it may think fit to impose. be specified in the order and any such order, extending, the period may be Ins. vide 0 GE No. 1427, Ol. 06.10.2015 made so as to have retrospective effect. 2 Subs, v1de 0 G E No 1427, Ot 06. 10.2015 Ins vide O G.E. No 1427, Ot. 06.10.2015 226 ODISHA LOCAL LAWS IS 35 s 38) 0 Development Authorities A c t . 1982 227 · 35. Contents of preliminary and final town planning scheme-(1) In ( viii) calculate the contribulion to be levied on h a preliminary town planning scheme, the Valuation Officer shall · in the final town planning scheme . eac final plot included (1) after giving notice in the manner and in the form prescribed by (ix) determine the amount to be deducted from d case may be, the contribution leviable from a P~r a ~ed lo, as the rules to the persons affected by the town planning scheme, define with the provisions of Section 63 ; rson'" accordance and demarcate the areas allotted to, or reserved for, any public purpose. or for any purpose of the Authority and the final plots, (x) estimate with reference to claims made before h" f . b · b h" · im, a ter notice has eenhg1ven Y 1m_m the man~er and in the form prescribed (1i) after giving notice as aforesaid, determine in a case In which a by ru1e, 1e compensation to be paid to the owner of a hnal plot 1s to be allotted to persons in ownership in common, or right injuriously affected by the making of the townny plroperty the shares of such persons: sch eme . 1 n accor d ance wi . t h the provision of Section 65 p . anning (111) provide for the total or partial transfer of any <ight in an original (xi) ~raw in the forn:i prescribed_b y rules the preliminary ~nd the plot to a final plot or provide for the transfer of any right in an final t_own planning scheme in accordance with the draft town onginat plot in accordance with the provisions of Section 64 ; planning scheme: (iv) determine the period within which the works provided in the town Provided that the Valuation Officer may make variation from the draft planning scheme shall be completed by the Authority town planning scheme, ~tuht ntho such yariation. i.f it is of a substantial nature, (2) The Valuation Officer shall submit the preliminary town planning h 11 be made excep1 WI e previous sanclton of the State Government !n~ except after hearing the Authority and any owners who may raise objections. scheme so prepared. to the State Government for sanction and shall thereafter prepare and submit to the State Government the final town planning scheme Explanation·(i) For the purpose offhis proviso 'variation of a substantial in accordance with the provisions of Sub-section (3). ture" means a variation which is estimated by the Valuation Officer to involve :~d increase of ten per cent in ~he cost_s of the scheme as is described in (3) In a final town planning scheme, the Valuation Officer shall- section 60 or rupees one lakh, whrch~~er 1s l~wer, on account of the provisions (1) fix the difference between the total of the values of the original f new works or the all61ment of add1t1onal sites for public purposes included plots and the total of the values of the final plots included in the ~n the preliminary town planning scheme drawn up by the Valuation Officer. town planning scheme in accordance with the provisions of Clause (ii) If there is any difference of opinion between the Valuation Officer (f) of Sub-section (1) of Section 60 ; and the Auth·ority as to whether a variation made by the Valuation Officer is (ii) dete~mine whether the areas used, allotled, or reserved for a of substantial nature or not, the matter shall be referred by the Authority to public purpose or purposes of the Authority are beneficial wholly the state Government whose decision thereon shall be final. or partly to the owners or residents within the area of ihe town 36. Certain decision of Valuation Officer to be final-Except in matters planning scheme; arising out of Clauses (iii), (iv), (vi). (vii), (viii) and (x) of Sub-section (3) of (iir) estimate the portion of the sums payable as compensation on section 35 every decision of the Valuation Officer shall be final and binding each plot used, allotted or reserved for a public purpose, or for on all persons including the Aut~orily. the purpose of the Authority which is beneficial partly, to the owners 37. Appeal-All decisions of the Valuation Officer under Clauses (iii), or residents within the area of the town planning scheme and (iv), (vi), (vii), (viii) and (x) of Sub-section ~)of Section 35 shall forthwith be partly lo the general publfc, which shall be in the cost of the town communicated to the party concerned in the form prescribed by· rules and planning scheme; any party aggrieved by such decision, may, within one month from the dale (iv) calculate the contribution to be levied under Sub-section (1) of of communication of the Clecision, prefer an appeal to the Board of Appeal constituted _under Section 38. Section 62, on each plot used. allotted or reserved for a pubhc purpose or for the purpose of the Authority, which is beneficial 38." Constitution of Board of Appttal-(1) The State Government shall, partly lo the owners or residents within the area of the town planning by notification, cqnstitute one or more Boards of Appeal having such local scheme and partly to the general public; jorisdiction as may .be specifiect in the notification. (v) determine the extent of exemption, if any, from the payment of (2) Each Board of Appeal shall consist of a president and two members contribution that may be granted in respect of plots exclusively lo be appointed by the State Government. occupied for religious or charitable purposes; (3) '[The President shall be a person who is or.has been. a District !he (vi) :stimate increment lo accrue in respect of each final plot Judge or Additional District Judge in the State of Odisha) and the members included in the town planning scheme in accordance with the shall be persons having knowledge and experience in valuation of land, provisions of Section 61; · town planning or civil engineering. (vii) ~atcutat_e the proportion of the contribution to be levied on each plot 2(Provided that such District Judge or Additional District Judge must not have been prematurely retired.] in the final town planning scheme to the increment estimated to accrue in respect of such plot under Sub-section (1) of Section 62; 1, Subs. vide 0.G.E. No. 1427, Ot. 06.10.2015 2. Added vide O.G.E. No. 1427, 01. 06.1 0.2015 228 ODISHA LOCAL LAWS [S 39 s. 48) 0. Development Authorities Act. 1982 229 the final town planning scheme to.g~ther with a copy of his decision under (4) The President and the members shall be appointed for such section 36 and a cop~ of the dec1s1on of the Board of Appeal to the State period as may, from time to time be specified by the Stale Government. Government for sanction. (5) The State Government after giving an ~pportunity of being heard 46. Power of Val.uation Officer to split up draft town planning may, if it thinks lit, remove for incompetence or misconduct or f~r any other scheme int? separate section~-(1) After a Valuation Officer has been appointed good and sufficient reason the President or any member appointed under nder Section 33, the Authority may apply lo him to split up the draft town Sub-section (2). ~lanning schem~ into different sections and to deal with each section separately (6) The Board of Appeal shall hear and dispose or appeals preferred as if such section were a separate draft town planning scheme. to it under Section 37. (2) On receipt of an application under Sub-section (1). Valuation (7) If the President or any member is removed or lies. or refuses or Officer may, after ':"aking s~ch inquiry as he think fit, split up the draft lawn neglects to act or becomes incapable or acting, the State Government shall fanning scheme into sections. appoint forthwith another person in his place. p (3) The provisions of this Act and the rules made thereunder shalt, 39. Power of the President to require Valuation Officer to be present so far as may be, apply to each of such sections as if it were a separate during hearing-The President may require the Valuation Officer to be present draft town planning scheme. at the hearing of the appeal for assisting it on matters to be determined by 47. Submission of preliminary town planning scheme to State Govemment the President. The vatuation Officer shall submit to State Government for sanctioning the 40. Place where Board may sit-The ·Board of Appeal may sit at such preliminary town planning scheme also before the final town planning scheme place as the State Government may determine. is submitted to the State .Gover.n~ent under Su?·section.(2) of Section 35, I 41. Decision of question of law and other questions-All questions of together with a copy of his dec1s.10n under Section 36. I f law and procedure shall be decided by the President and all other questions 48. Power of State Government to sanction or refuse to sanction ' shall be decided by the President and the two members or by a majority of them. the town planning scheme and effect of the sanctlon-(1) On receipt of the 42. Powers of Board to decide matters finally- (1) After making preliminary town planning scheme, or, as the case may be, the final scheme, such inqu[ry as it may think fit, the Board of Appeal may either pirect the the State Government may- i I Valuation Officer lo reconsider his proposals or may accept, modify, vary or {a) in the case of a preliminary town planning scheme within a period I reject the proposals of the Valuation Officer. of two months from the date of its receipt; and ~I (2) The decision of the Board of Appeal shall be final and binding on (b) in the case a final town planning scheme within a period of three all persons. months from he date of its receipt, by notil1cation, in the Gazelle, ,, 43. Board not to be a Court-Nothing contained in this Act shall be sanction the preliminary town planning scheme or the final town ' deemed to constitute the Board of Appeal to be a Court. planning scheme or refuse to accord sanction; provided that, 1n sanctioning any such scheme the State Government may make 44. Remuneration of President and members-(1) The President such modifications as may, in its opinion be necessary for the and the members shall, save, where they are ·salaried Government Officers. purpose of correcting an error, irregularity or informality. be entitled to such remuneratiqn, ejther by way of monthly ·salary or by way of fees or partly by way of salary and partly by way of fees, as the State (2) If the State Government sanctions the preliminary town planning Government may, from time to time, determine. scheme or the final town planning scheme, it shall slate in the notification'- (2) The salary of the President of the Board of Appeal or a member {a) the place at which the preliminary or the final town planning scheme, who is a salaried Government officer and any remuneration payable under as the case may be, shall be kept open for inspection by the Sub-section ( 1) and all expenses incidental t.o the working of the Board of public and also state therein that copies of the town planning Appeal shall, unless the State Government otherwise determines be defrayed scheme or extracts therefrom certified to be correct shall, on out of the funds of the Authority and shall be l!ldded to the costs of the town application be available for sale to public at a price to be mentioned planning scheme in the notice, 45. Decision of Valuation Officer to be final In certain matters and (b) a· .date (which shal1 not be earlier than one month after .the. d~te variation of scheme in view of decision in appeal-(1) Where no appeal of the publication of the notification) on which all the l1ab1ht1es has been preferred under Section 37 in respe.ct of a matter arising out of created by the town planning scheme shall take effect and the Clause (iii), Clause (iv), Clause {vi), Clause (vii), Clause (viii) or Clause (x) date on which the preliminary or the final town planning scheme of Sub-section 3 of Section 35, the decision of the Valuation Officer shall be shall come into force : final and binding on the parties. Provided that the Stale Government may, form time lo lime, extend (2) The Board of Appeal shall send a copy of its decision in appeal such dale, l)y notification by such period, not exceeding three months al 3 to the Valuation Officer who shall, if necessary make any variation in the time, as it thinks fit town planning scheme in accordance with such decision and shall forward OOISHA LOCAL LAWS [S. 49 s. 55) 0. Development Authorities Act, 1982 231 I 230 (4) No person shall be entitled to compensation m respect of any 3) One and after the date fixed in such notification, the preliminary ( mage, toss or injury resulting from any action taken by the Authority under · 1anning scheme as the case ma town planning scheme, or the final town P . ' y d:e provision for this section except in respect of the building or work begun be shall have effect as if ii formed part of lhts Act. t fore the date referred to in Sub-section (1) and only in so far as such , 49. Withdrawal of town planning scheme-If al any ti~e bef~re the ~~ilding or work has proceeded until that date : preliminary town planning scheme Is forwarded by the Valuahon,Of~1cer to Provided that any claim to compensation, which 1s not barred by the State Government, a representation is made to the Valualton Offtcer by this sub-section shall be subject to the condition of any agreement entered the Authority that the scheme should be withdrawn, the Valuall.on .Officer into between the claimant and the Authority. shall after inviting from all persons interested in the sche.me ob1e:t1o~s to such representation. forward such representation together with the ob1ect1ons, . (5) The provisions of this section shall not apply to any operational ii any, to the Stafe Government. construction undertaken by the Central Government or a State Government (2) The State Government, after making such inquiry as ii may, deem 53. Power to vary town planning scheme on ground of error, irregularity fit, may, if it is of opinion that it Is necessary or expedient so to do, by or informality-(1) If after the preliminary town planning scheme or the final notification, direct that the town planning scheme shall be withdrawn and town planning scheme has come into force, the Authority considers that any upon such withdrawal, no further proceedings shall be taken in regard to of such scheme is defective on account of an error, irregularity or informality such town planning scheme. the AuthOrity may apply in writing to the State Government for the variation of 50. Effect of preliminary town planning scheme-On the day on which the town planning scheme. the preliminary town planning scheme comes into force- (2) If on receiving such application or otherwise, the ,State Government (a) all lands required by the Authority shall, unless it is otherwise s satisfied that the variation required is not substantial. the State Government 1 determined in such scheme, vest absolut-ely in the Authority free shall publish a draft of such variat,ion in the manner prescribed by rules. from all encumbrances: (3) The draft variation published under Sub-section (2) shall state (b) ~II rights in the original plots which have been reconstituted into every variation proposed to be made in the scheme and if any such variation ftna~ plots shall stand extinguished and the final plots shall become relates to a matter specified in any of the Clauses (b), (c), {d), (e). (g) and (i) sub1ect to the rights settled by the Valuation Officer of Sub-section (4) of Section 22, the draft variation shall also contain such . 51. P.ower of Authority to evict summarily-On and after the date on· other particulars as may be prescribed by rules. whic.h ~ preliminary lown planning scheme comes into force any person (4) The draft variation shall be open to inspection of the public at conttnuing lo occupy any land which he is not entitled to occupy under the ~;: 1 ~~'.~ad to:n pl~nning scheme shall, in accordance with the procedure the head office of the Authority during office hours. ' e un er ru es, be summarily evicted by the Authority. (5) Within one month of the date of publication of the draft variation on whichs~:or:l~~~a~nforce tow~ planning scheme-On and alter the date any person affected thereby may communicate in writing his objections to shall alter gi~ing the n~:fc~nt r~~;/1~~~che;e comes into force, the Authority such variation to the State Government and send a copy thereof to the Authority. the provisions of the town plan . hun er rules and In accordance with (6) After receiving the objections under Sub-section (5), the State ntng sc eme- Government may, after making such inquiry as ii may think fit, by notification- (a) remove. pull down It . . included in the I , o~ a er any building or other work In.the area . (a) appoint a Valuation Officer and thereupon the provisions of this the town plann~~n ~c~~~~g :~~:~he which ~s such as contravenes Chapter shall, so far as may be, apply to such draft variation as which any provision of the town t e e~ect1on or carrying out of if it were a draft town planning scheme sanctioned by the State complied with; P anning scheme has not been Government; or (b) execute any work which ii is th d . (b) make the variation with or without modification; or under the scheme in any cas \ uty of any person lo execute that delay in the execution oft~ w e~e ti appears '? the Authority (c) refuse to make the variation. operation of the town plannin; ;~~e;~~ld prejudice the efficient . (7) From the date of the notification making the variation with or without molff r h · ' (2) Any expenses Incurred b th A . . . 1 1ca ion, sue variation shall take effect as if it were incorporated be recovered from the person in defy It e uthonty under lhts section shall in the town planning scheme. manner provided for the recovery o~u or from the owner of the plot in lhe . 54. Vari~tion of town planning scheme by another scheme-Notwithstanding provisions of this Act. sums due to the Authority under the ~nything contained in Section 53, a town planning scheme may at any time (3) If any question arises as to wh . . se vaned by a subsequent town planning scheme made published and ~ town planning scheme or whether aon i ether_a ny bu1fd1n9 or work contravenes anct1oned in accordance with the provisions or this Act , ts not .complied with in the erection prov1~1on of a town planning scheme 55 ~~rk, ti shall be referred to the Slate ~arrying out of any such building or plan · Amendment of regulation-(1) If at any time after the final town ate Government shall be final and b' ~vernment and the decision of the regu~~n1.9 scheme comes into force the Authority is of the opinion that the '" ing on all persons. ions relating to a town t · may publish the . . P anntng scheme require to be amended. ti and · . requisite draft amended in the manner prescribed by rules invite suggestio b. · ns or o 1ect1ons as thereto from any person [S. 56. ODISHA LOCAL LAWS 232 . . th f m the date of publication of the draft amendment (2) If within one mon ro . t· · · in writing to the Authority any sugg~s ions or 5 an~ p~rson. con:imunicate h mendment the Authority shall consider such obJect1o~s relatinb~ tot. sue anad may at a~y time before submitting the draft suggestions or o JeC ions • ·d d d.f amendment to the State Government as hereinafter provi e • mo 1 Y su:h amendment as it thinks fit. (3) The Authority shall within a period of two ~onths from the .date of its publication, submit the draft amendment along with the. suggestions .or objections to the State Government and shall at the same time apply for its sanction. (4.) After receiving such application and after making such inquiry. as it may think fit. the State Government may sanction the amendm~nt with or without modifications as it deems necessary or refuse to sanction the amendment. (5) If the amendment is sanctioned by the State Government, the final town planning scheme shall be deemed to have been varied in accordance with the amendment. 56. Compensation when town planning scheme varied- If at any time after the date on which the town planning scheme has come into force, such scheme is varied. any person who has incurred any expenditure for the purpose of complying with such scheme shall be ,entitled to be compensated I by the Authority for the expenditure, if such expenditure is rendered abortive I by reason of the variation of such scheme. I· .I I 57. Apportionment of costs of town planning scheme withdrawn ' . or not sanctioned-In the event of a town planning scheme being withdrawn or sanction to a preliminary town planning scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the Authority to such extent as may be determined by the State Government. 58. Right to appear by recognized agent-Every-party to any proceedings before the Valuation Officer or the Board of Appeal shall 'be entitled to appear either in person or by his recognised agent. 59: Power of Civil Court in respect of certain matters-For the purposes of this Act, an officer appointed under Sub-section (1) of Section 29 and the Valuation Officer shall have the same powers in making enquiries under this Act as are vested in' a Civil Court in respect of the following matters under the Code of Civil Procedure, 1908 (5 of 1908) in trying a suit, namely- (a) summoning and enforcing the attendance of any person and examining him on oath - (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits ; (d) issuing commissions for the examination of witnesses or documents. 60. Costs of town planning schemes-(1) The costs ·of.a town planning scheme shall include- (a) all sums payable by the Authority under the provisions of this Act which are not specifically excluded from the costs of the town planning scheme : ' s 62] 0 . Developme11t Aut ho t· ri ies Act. 1982 233 (b) all sums spent or estimated to be making and execution of the town Psi ent by the Authority in the ann1ng scheme (c) all sums payable as compensation for la d · Authorit~ w~~~~~ed for any public purpose or for the or designated 15 to the owners of land or residents with. th solely beneficial planning scheme;

in e area of the town (d) such P?rtion of the sums payable as compensation for 1 or designated for any public purpose or for th and reserved Authority which is beneficial partly to the owners ~f iur~oses ?f the within the area of the town planning scheme a:dn ortrles1dents . · - par Y to the I bl genera pu 1c as 1s attributable to the benefit accruing t h ~1ithin pla~n~n owners of land or resident, the area of the town e 9 scheme from such reservation or designation: (e) all legal ex_penses incurred by the Authority in· the making and in the execution of the town planning scheme : and (f) any amounts by which the aggregate of the values of the original plots exceeds the aggregate of the values of the final plots included in ~he final t~wn planning scheme, each of such plots being . est1mate_d at_i ts market value at the date of publication of the ' - declaration, tn the Gazette, under Sub-section (2) of Section 23 with all the buildings and works thereon at the said date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries (2) If in any case the aggregate of the value of the plots included in the final town planning scheme exceeds the aggregate of the values of the original plots, each of such plots being estimated in the manner provided in Clause (f) of Sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in Sub-section (1 ). 61. Calculation of increment-For the purpose of this Act, the increments shall be deemed to be the amount by which at the date of publication of the declaration in the Gazette under Sub-section (2) of Section 23, the market value of the plot included in the final town planning scheme estimated on the assumption that the town planning scheme has been completed would exceed at the same date the market value of the same plot estimated without reference to improvements contemplated in the town planning scheme · Provided that in estimating such value, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration. 62. Contribution towards costs of town planning scheme- (1) The costs of the town planning scheme shall be met wholly or in part by a contribution to be levied by the Authority on each final plot included in the final town planning scheme calculated in proportion to the increment which is estimated . to accrue in respect of such plot by the Valuation Officer Provi-ded that- (i) where costs of the town planning scheme does not exceed half the increment, the costs shall be met wholly by a contribution and (ii) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the Authority; / 234 ODISHA LOCAL LAWS IS. 63 s. 70) 0. Develop'men't A u th. on . t 1 . e s Act. 1982 235 66. Exclusion of compensat'io . . (iii) where a plot is subject to a mortgage with possession or to a . n in certain case (l) N lease the Valuation officer shalt determine in what proportion shall be p~yab I e in respect of any property or r' 5 : o ~ompensation be injunously affected by reason of an P. '~ate right which Is alleged the m'ortgage or lease on the one hand and .the. mortgagor or to . Y prov1s1ons cont · d . lessor on the olher hand shall pay such conlrtbullon; planning scheme 1r under any other law for the time b . . aine in the town to the area for which such scheme is made no com eing 1~ for.ce applicable (iv) no such contribution shall be levied on a plot used, allotted or such injurious effect. · pensation 1s payable for reserved for a public purpose or for the purpose of the Authority which is sole beneficial to the owners of land or residents within (2) Any property or private right shall not be deem d t . . . affected by reason of any provision inserted in a t e no. in1unously the area of the town planning scheme; · d' · own, planning scheme which impose any con 1t1on or restriction in regard t f (v) the contribution levied on a plol used, allotted or reserved for a · · d · Cl ( ) f . o any o the matter public purpose or for the purpose of the Authority which is beneficial spec1f1e 1n ause Q o Sub-section (4) of Section 22. partly to the owner's of land or residents within the a.rea of the 67. Provision . for cases in which amount payable t o owners exceeds town planning scheme and partly to the general public shall be amount due from. him-If the owner of an original plot is not provided with a calculated in proportion to the benefit estimated to accrue to the ptot in the p~eliminary to~n planning scheme or if the contribution to be general public from such use, allotment or reservation. levied from him under Sect101'1'67 is less than the total amount to be deducted ?f (2) The owner of each final plot included in the final town planning therefrom under any the provisions of this Act, the net amount of his loss scheme shall be primarily liable for the payment of the contribution leviable shall be payable to him by the Authority in cash or in such other manner as in respect of such plot. may be agreed upon by the parties. 63. Certain amounts to be added to or deducted from contribution · 68. Provision for case in which value of final plot is less than the levlable from a person-The amount by which the total value of the final plot amount payable by owner- (1) If from any cause the total amount which included in the final town planning scheme with all the buildings and works would be due to the Authority under the provisions of this Act from the owner thereon allotted to a person falls short of or exceeds the total value of the of a final plot to be include-d in the final town planning scheme exceeds the original plots with all the buildings and works ttiereon of such person shall value of such plot ~stimated on the assumption that the town planning scheme be deducted from or, as the case may be, added to the conlributio'n leviable has been co~pleted, the Valuation Officer shall at the request of the Authority :I from such person, each of such plots being estimated at its market value at direct the owner of such plot to make payment to the Authority of the amount the date of publication of the declaration in the Gazelle under Sub-section I of such excess. (2) of Section 23 or at the da!e of the notification' issued by the State Government I under Sub-section (1) of Section 25, as the case may be, and without reference (2) If such owner fails to make such payment within the period prescribed \' to improvements contemplated in the town planning scheme other than by rules the Valuation Officer shall, if the Authority so requires, acquire the l ' improvements due to the alteration of its boundaries. original plot of such defaulter and operation, the compensation among the 64. Transfer of right from original to final plot or extinction of owner and other persons interested in the plot'•on payment by the Authority such right-Any right in an original plot which in the opinion of the Valuation of the value of such plot estimated at its market value at the date of publication Officer is capable of being transferred wholly or in part, without prejudice to of the declaration in the Gazette under Sub-section (2) of Section 23 or at the making ,of a town planning scheme, to a final plot. shall be so transferred lhe date of the notification under Sub-section (1) of Section 25, as the case and any right in an original plot which in the opinion of the Valuation Officer may be, and without reference to improvements ~ontemplated in the town is not capable of being so transferred shall be extinguished : planning scheme and thereupon the plot included in the final town planning Provided that an agricultural lease shall not be transferred from an scheme shall vest absolutely in the Authority free from all encumbrances original plot to a final plot without the consent of all the parties lo such but subject to the provisio~s of this Act: lease. Provided that the payment·, made by the Authority on account of the 65. Compensation in respect of property or right injuriously affected value of the origi'nal plot shall not be included in the costs of the town by town planning scheme-The owner of any property. or right which is injuriously planning scheme. affected by the making of a town planning scheme shall, if he makes a 69. Payment by adjustment of account-All payments due to be made claim before the Valuation Officer within the time prescribed by rules, be to any person by the Authority under this Act shall, as far as possible, be entitled to be compensaled in respect thereof by the Authority or by any person benefited or partly by the Authorily and partly by such person as the made by adjustment in such account with the Authority in respect of the final Valuation Officer may in each case determine : plot concerned or of any of the plot in which he has an interest and failing such adjustment, shall be paid in cash or in such other manner as may be Provided that the value of such property or right shall be deemed to be its market value at the date of the publication of the declaration in the agreed upon by the parties. Gazette under Sub-section (2) of Section 23 or at the date of the Notification 70. Payment of amounts due to the Authority-(1) The net amount issued by the State Government under Sub-section (1) of Section 25, as the payable under the provisions of this Act by the owner of a final plotmcluded case may be, without reference to improvement contemplated in the town in the final town planning scheme may at the option· of the contributor be planning scheme. paid in lumpsum-or in annual instalments not exceeding ten. [S. 71 236 ODISHA LOCAL LAWS s. 77) 0. Developm ent Authorities Act, 1982 237 (2) If the owner elects to pay the amount by instalments, interest at Provided that the Transfe bl six percent per annum shall be charged on the net amount payable. al on the basis of relative land val~es ~~:velopment Rights may be arrived (3) If the owner of a plot fails to exercise the option on or befo.re the and import areas as per the bench ma k ~qu1v.alent amount of both export date specified in a notice issued to him in that behalf ~Y t.he ~~thonty, he Righi may be utilised as additional b ·~ va ue fixed for such area and such shall be deemed to have exercised the option of paying contnbut1on JO instalm.e.nts this either by himself or transfer it I u1 I up space by the owner who can use 0 and the interest on the contribution shall be calculated from the date spec1f1ed use within the development area as any ~!her person in full or in part for in the notice, being the date before which Ile was required to exercise the the fees and charges payable for dev:i~escribed or .off.set the money against option. ' of all other rules and regulations gov pm~n~ permission ~ub1ect to fulfilment (4) Where two or more final plots included in the final town planning (3) The Authority may· with the cerne or construction of buildings. scheme are in the same ownership, the net amount payable by such owner prescri . b e d , acqu . i re land and ' built up onsent f o f the ow . ner • a n d · in th e manner under the provisions of this Act shall be distributed over his several final in an approved development plan by Ps pa ct~· or. public purposes, indicated plots in proportion to the increments which is estimated to accrue in respect guided by permitted Floor Area Ratio i~r~~d1.~.g JO the form .of built up sp.ace of each final plot unless the owner and the Authority agree to a different tor the amenity, in lieu of the cost of land an~'~hn I~ ~1~111 up space required method of distribution. the owner for the amenity transferred to the Auth~ri~; I-up space payable to 71. Power of Authority to make agreement-(1) The Authority shall 75. Transfer of State Government la d t th . be competent to make any agreement with any person in respect of any G n s o e Authority-(1) The State overnmen 1 may, by notification and upon such terms and conditions matter which is to be provided for in a town planing scheme, and unless it as m?Y be agreed upon b~tween that Government and the Authority, place at is otherwise expressly provided therein, such agreement shall take effect ·on and after the day on which the town pla~ning scheme comes into force. the dis ·1 p o a s te a d l o w f i t t h h i e n A th u th · or · it d y ' a 1 n · y developed or undeveloped State G o vernmen 1 Ian d s1 u . e iuns ic ion of the Authority for the purpose of development (2) Such agreement shall not in any way affect the duties of the in accordance·w1th the provisions of this Act. :Valuation Officer as described in this Chapter or the rights of third parties I I (2) No development of State Government land shall be undertaken but it shall be binding on the parties to the agreement notwithstanding any :I decision that may be passed by the Valuation Officer : or carried out except by or under the control and supervision of the Authority after such land has been placed al the disposal of the Authority under Sub I I Provided that if the agreement is modified by the State Government section ( 1). either party shall have the option of avoiding it, if he so elects. (3) If a~y Stat: Gove~nment land placed at the disposal of the Authority CHAPTER-VII under Sub-section (1 ) is required at any time thereafter by the State Government Acquisition and Disposal of l and the Authority shall, by notification replace it at the disposal of that Government 72. Compulsory acquisition of land-If in the opinion of the State upon such terms and conditions as may be agreed upon between that Government Government any land is required for the purpose of development, or for any and the Authority. other purpose, under this Act the State Government may acquire such land 1[75A. Creatfon and Management of land bank: (1) Every Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894). shall create and maintain a Land Bank in which land acquired under section 73. Transfer of acquired land to the Authority or local authority 72 to section 75, shall be kept recorded for furtherance of the objects of the Where any land has been acquired by the State Government under Section Act. 72 it may, after it has taken possession of the land, transfer the land to the (2) The Land Bank shall be managed by the Authority in such manner Authority or any local authority for the purpose for which the land has been as may be pr_escribed in the regulations.) acquired on payment by the Authority or the local authority of the compen~ation awarded under that Act and of the charges incurred by the State Government 76. Disposal of land by the Authority-The disposal of any land acquired in connection with the acquisition. by the State Government and transferred to the Authority under Section 73 or any land transferred to the Authority under Sub-section ( 1) of Section 75 or . '(74. Acquls.ltion of property by the Authority-(1) The ~uthority may any other land without carrying out development thereon, or any other movable acquire, movable or immovable properties by purchase, exchange, gift, lease, or immovable properties belonging to the Authority shall be done in accordance mortgage or by any other method permissible under law, in accordance· with the rules made for the purpose in this behalf. with the rules and regulations made for this purpose. CHAPTER-VIII (2) The Authority may, with the written consent of the owner, acquire any land or property or both for providing infrastructure, amenities and facilities Finance, Account and Audit for public purp~ses by way of according Transferable Development Rights 77. Fund of the Authority-(1) The Authority shall have and maintain (TOR) through issue of Development Rights Certificate in lieu of payment its own fund to which shall be credited- towards cost of land and property, in such manner and on such terms and (a) all moneys received by the Authority from the State Government conditions, as may be prescribed: by way of grants, loans, advances or otherwise • Subs v1de 0 G.E. No. 1427, Dt. 06.10.2015 Ins. vide O G.E No. 1427, Dt. 06 10 2015 ' 238 ODISHA LOCAL LAWS [S. 78 s 83) 0 Development Authorities Act, 1982 239 (2) The payment provided by Sub-section (1) shall be made in priority to (b) all moneys borrowed by the Authority from ~ources other than all other payments due fro~ the conc.e~ned urban local body except those referred the State Government by way of loans or debentures ; to in section 116 of the Od1sha Mun1c1pal Act, 1950 (Odis ha Act 23 of 19SO) (c) all fees and charges received by the Authority under this Act: so. Budget of the Authority-The Authority shall prepare in such form (d) all moneys received by the Authority ·from the disposal of land, and at such ti~e ev~ry year as may ~e prescr.ibed by rules a budget in buildings and other properties. movable and immovable: peel of the financial year next ensuing showing the estimated receipts (ej all moneys rElceived by the Authority under Sections 78 and 79 : re~ expenditure of the Authority and shall forward to the State Government (f) all moneys received by the Authority by way of rents an·d profits ::ch number of copies thereof as may be pr~scribed by rules. or in any other manner or from any other source. 81. Accounts and Audit- (1) The Authority shall maintain proper (2) The fund shall be applied towards meeting the expenses incurred counts and other relevant records and prepare an annual statement of by the Authority in the administration of this Act and for an other purpose. accounts including the balance-sheet in such form as the State Government ~cay by rules prescribe in consultation with the Accountant General, Odisha. (3) The Authority may keep in any scheduled bank or banks such sum of money out of its fund as it may deem fit. (2) The accounts of the Authority shall once in every financial year. (4) The State Government may make such grants, advances and loans to be examined and audited under the provisions of the Odisha Local Fund the Authority as the State Government may deem necessary for the performance of .Audit Act, 1948 (Odisha Act 5 of 1948). the functions, of the Authority under this Act, and all grants, loans and advances (3) The accounts of the Authority shall also be subject to Audit annually made shall be on such terms and conditions as the State Government may determine. by the Accountant-General, Odisha and any expenditure incurred by him in (5) The Authority may from time to time borrow money by way of connection with such audit shall be payable by the Authority to the Accountant loans and debentures from such sources and on such terms and conditions General, Odisha. as may be approved by the State Government. (4) The Accountant-General, Odisha and any person appointed by '((5-a) The State Government may. direct any Authority, to constitute him in connection with the audit of accounts of the Authority shall have the and maintain a Comprehensive Development Plan Infrastructure Development same right, privilege and Authority in connection with such audit as the Fund (CIDF), into which such money, fees or charges shall be credited as Accou.ntant-General, Odisha has in connection with the audit of the Government may be specified in such direction and the same i" to. be utilised, for such accounts and, in particular, shall have the right to demand the production of purposes, in such manner and subject to such conditions and exceptions books, accounts, connected vouchers and other documents and papers as may be directed by the State Government.] and to inspect the office of the Authority. (6) The Authority shall maintain a sinking fund for the re-payment of · (5) The accounts of the Authority as certified by the Accountant General, moneys borrowed under Sub-section (5) and shall pay every year into the Odisha or any other person appointed by him in this behalf together with the sinking fund such sum as may be sufficient for re-payment within the period audit report thereon shall be forwarded annually to the State Government fixed, of all moneys so borrowed. and that State Government shall cause a copy of the same to be laid before (7) The sinking fund shall be applied in or towards, the discharges the State Legislature. of the loan for which such fund was created and until su9h loan is wholly discharged, it sh.all not be applied for any other purpose. (6) Notwithstanding, anything contained in Sub-sections (2) and (3), the State Government may, at any time get the accounts of the Authority (8) The Authority shall be deemed to be a local authority as d~fined examined and audited by deputing an officer and it shall be the duty of the in the Local Authority Loans Act, 1914 (9 of 1914) for the purpose of borrowing Authority to furnish all the relevant records requisitioned by the said Officer. money under that Act but the provisions of that Act and the rules made there.under shall have effect subject to the provisions contained in this Act. (7) It shall be the duty of the Authority to remedy any defect or irregularities (9) The State Government may make rules t -egulate the borrowing that may be pointed out by any of the audit. by the Authority under Sub-section (5). · 82. Annual report -The Authority shall prepare for every year a report 2[78. Duty on certain transfers on immovable properties-•••1 of its activities during that year and submit the report to the State Government 79. Contribution by urban local body-(1) Every urban local body in such form and on or. before such date as may be prescribed by rules and within the development area shall pay to the concerned·A uthority on the first the State Governmen.t shall ca1:1se a copy of the report along '!'Ith the annual day of each half year, so long as the Authority continues to exist, a sum not statement of accounts and balance-sheet prepared by the Authority under exceeding ten per centum of its revenues in a year from all sources other Sub-section (1) of Section 81 to be laid before the State Legislature. than service taxes, as may be det~rmined by the State Government, from 83. Pension and provident fund-(1) The Authority shall constitute time to time. for the benefits of its whole-time paid members and of its officers and other 1. Ins. vide O.G.E. No. 1427, Dt. 06.10.2015 employees in such manner and subject to such conditions as may be prescribed by rules such P.ensions and provident funds as it may deem fit. 2 Omitted vide O.G.E. No. 489, DI. 20.03.2013 ' ootSHA LOCAL LAWS s. 86] 0 . Development Auth . orrties Act. 1982 240 241 • or provident fund has been constit 7['[ ... J h State ( 2 G ) o W ve he rn re rn e a n n t y m s a u Y ch d e pe c n la s r e 1 o t l r 1 y h a to t t s h u e c h p r f o u v n i d s io as n s I ' f o I ' t f w th e e r e P a ro G vi o d v e e n rn t r ,, 0 . u t n e d d anY purp P o r s o e v id . i n e d d e p 2 { e . n .. d l t e h n a t t o w f h a e b re u i l l a d n in d g a , p d p e u v r e t l e o n ant to a b u 1 . l dr . n g is used lor t e 19 f 1925) shall app rnent Act. 1925 (Act o separately for such use also. Pment charge may be levied provident fund. CASE LAW: 86. Assessment and recovery of d 1 ho intends to carry out any development ev.e opment charge-Any person 'd Fund and Miscellaneous Provision Provt en 1 · s Act W . . or rnstitute or cha Sec. 83 • Employees duct an inquiry for assessing the clues f • any land or burlding for which permission is r . nge any use of 1952. Sec 7-A . No11 . ce h ' · ss ·ty u e t d o w to e r c el o s n C ontractor's employees. Writ. The Cont~a o c t O lh r$ e • h e has applied for such permission or not • and ae n q y u p rr e e ~ d o u n n w de h r o h th a is s A c c o t whether Cuttack Development Aul on · • tracts to execute a work entrusted to th the carrying out of any such development or has earned mmenced d by such ~on e 111 · t d h d out such development employees are engage d between such contracts and the C.O A S or inst1tu e or c ange any such use shall apply t th A . . t execute · · • llch · d · h 0 e uthonty w1th1n pursuant to the agree I m b e n u r contrac t o rs to provide workmen to the C.0.A · . S u ch such ume an in sue manner as may be prescribed b Y ru 1e s for the asse • s sment contractors are not a 0 t be governed under the Act, 1952 • Held of development c h arges payable in respect thereof. employees of I h e co ntractors ca C n 0 n oA and 85 such action of the Regional Provi • c t the (2) On an application being made under Sub-sect· (1) 'f Act. 1952 does not 8~P'.Y to}hen o;i;e ~nder sec. 7-A of the Act, 1952 being With &fJf such app I1 . ca 1· i on · r s ma d e. after serving a notice in ·t· ion or 1 no Fund Commissioner in '~suing . Cuttack Development Authority v.' Reg{ out . wr1 ing on the person liable to such payment, the Authority shall after giving the p 1ur1sdiction 1s unsustai~a~le · . Lab./.C. 63'(0ri.) : 2009 (Supp.-lf) ~"L•I . _ • erson concerned Provident Fund Commissioner · 2010 R an opportun.1ty of being heard. and after calling for a report in this behalf 447. from the officer conc.erned of the Authority, determine whether or not any CHAPTER-IX developmen.t charge rs le viable in respect of th_at land or building as a result '{Levy of Oeve I opmen t charges • City Infrastructure Impact fees , User of the carryrng out s~ch development or institution or charge of use. the I ' Fees etc.] amount payable and fix a date by which such payment shall be made ?" . Levy of development charges-Sub.ject to th~ provisions of · (3~ determination ~f the development charge leviable on any 84 this Act and the ru,les made thereunder, the A~~hor~ty may, with the previous land or building under Sub-section (2). the Authorit.y shall give to the person sanction of t'he State Government, by notrfrcat1on le.vy a ~evelopmen1 liable the pay s.uch c~arge a notice In writing of the amount of development charge on lands and buildings within the area. ~nd.er rts JUr~sdiction '(al charge payable by htm and the date by y."hich such payment shall be made such rates as the State Government may, by not1frcatron, specify, from time and such notice shall also state that in the event of failure to make such to time, in this behalf) payment on or before such date. interest at the rate of six percent. per annum shall be payable from such date on the amount remaining unpaid. ·. Provided that different rates of development charges may be specified for different parts of the relevant area or areas and for different usei;. (4) (a) The development charges payable in respect of any land or 85. Rates of development charges-(1) The develop(llent charges building. shall be a'first charge on such land or building, subject to the"prior on lands and buildings leviable under Section 84 shall be assessed with payment of land revenue, if any, due to the State Government thereon and reference to their use for different purposes, such as- any other sum due to the Authority. (1) Industrial : (b) All development charges payable in respect of any land or building· by any person shall together with interest due up to the dale of realisation, (ii) Commercial; be recoverable from such person or his successor-in-interest in such land (iii) Residential and or building as arrears of land revenue. (iv) Miscellaneous : (5) Any person aggrieved by an order of assessment of development Provided that in classifying the lands or buildings under any of the charge may prefer an appeal to the Tribunal within one month from the date purposes mentioned in Sub-section (1) the predominant purpose for which of service of the notice under Sub-section (3) : such lands and buildings are used shall be the main basis. Provided that the Tribunal may admit an appeal preferred after the (2) The rates of development charges shall be determined- expiration of the said period if it is satisfied that the appellant had sufficient (a) in the cases of development of land, at a rate to be specified per cause for not preferring the appeal within that period. hectare: and (b) in lhe case of development of a building at a rate to be specified I. Substituted vi de Odis ha Act No 23 of 1982. per square metre of the floor area of the building : 2. Omitted vide O.G.E. No. 1427. DL 06.10.2015 Subs. vide O.G.E. No 1427, Dt. 06.10 2015 (S. 86-A ODISHA LOCAL LAWS 242 s. 89) 0 Development Authot1t1es Act, 1982 243 Im act Fee: (1) The Authority may '[86A. Levy of City lnfrastru~tu~~e :Urpose of creation of city level (iii) the restoration and conservation of archeological and historical levy City lnfrastrnc.ture Impact ~~e, ~~ the development plan in operation sites and sites of high scenic beauty : · infrastructure rac1l1t1es as specified be prescribed in the regulation (iv) the grants, concessions and other modes of compensation for and such other purposes, at such rate as may purchase or acquisition of properly lo be paid by the State Government forall- or any Authority and the conditions. subject to: which such grants, (a) commercial buildings; concessions and compensation should be made ; and (b) apartments and group housing buildings; and . . . (v) any other matter referred to the Commission by the State Government. (c) mullistoried building including, residential, commercial or lnst1tut1onal (3) The powers to be exercised, the functions to be performed and or Educational the procedure to be followed by the Art Commission shall be such as may (2) The City Infrastructure Impact Fe~ l~vied under.sub-section (1) be prescribed by rules. shall be payable at the time of grant of perm1ss1on. (4) The State Government may, after consideration of the recommendations (3) All such fees collected shall be credited and maintained in Comprehensive of the Art Commission and after giving an opportunity to the Authority to Development Plan Infrastructure Development Fund (CIDF) and same shall make any representation, issue such directions to, the Authority as it may be utilized for development of city level infrastructure: think fit and the Authority shall comply with every such direction. Provided that no such fees shall be levied during grant of permission NOTIFICATION for building of Govern°ment's Departments and Statutory Bodies established '[No. 37639-T.P. Estt. 65/83-H.U.D.-31.8.1983-ln exercise of the powers under the provisions of any Act. but such exemptions shall not be available conferred by Sub-section (1) of Section 83 of the Odis ha Development Authorities to such buildings which are constructed under commercial projects.] Act, 1982 (Odisha Act, 14 of 1982) the State Government do hereby constitute 87. Tribunal-(1) The State Government may, by notification constitute an Art Commission for the State of Odisha consisting of the Chairman and a Tribunal, which shall consist of one person only to be appointed by the the Members as specified below, namely : State Government '(who is or has been a District Judge or Additional District 1. Chief Architect, Odisha Chairman Judge in the State of Odisha]. 2. Artist Member 3(Provided that such District Judge or Additional District Judge must 3. Principal Government College of not have been premature·ly retired ] Arts and Crafts Sculptor-Member.] . (2) The .Tribunal shall have the power to call for records of all proceedings 89. Power of entry-The Director or any officer authorised by him. relating to the dispute and shall, after giving the parties concerned a reasonable opportunity of being heard, pass such orders as it deems fit. the Valuation Officer or any person authorised by the State Government, the Authority or by the aforesaid Valuation officer may enter into or upon any (3) 1.n disposing of an appeal, the Tribunal may make such consequential land or building with or without assistants or workmen for the purpose of· or~ers and ~ssue such directions as it may deem necessary for giving effect to 1ts dec1s1on. · (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building or.taking photographs thereof; (4) The decision the Tribunal shall be final and binding ·on all parties and shall not be called in question in any Court of law. (b). examining works under construction and ascertaining the course of sewers and drains ; CHAPTER-X (c) digging or boring into the sub-soil: Supplemental and Miscellaneous {d) setting out boundaries and intended lines of works; . 88. Art Commission-(1) The State Government may by notification constitute an Art Commission for the State which shall consi~t of a Chairma~ (e) making such levels, boundaries and lines by placing marks and ~7 su~~ Other members representing among others, visual arts or architecture cutting trenches; n 1an 1story of Archeology and the Environmental Science, as it may appoint'. (f) ascertaining whether any land is being or has been developed (2) It shall be the duty of Art Commission to make recommendations in contravention of the development plan or without the permission to the State Government as to- referred to in Section 81 or in contravention of any condition subject (i) restoration and conservation of urban design and of the en · to which such permission has been granted; or in the development area ; . Vlfonment (g) doing any other thing necessary for the efficient administration (ii) th e .plannrng and development of future urban design and of the of this Act: environments ; Provided that- 1. Ins. Vlde O.G.E. No. 1427, Ot. 0610.2015 (i) no such entry shall be made except between the hours of sunrise 2. Subs vide O.G.E. No. 1427, 01. 06.10.2015 and sunset and without giving reasonable notice to the occupier. 3. Added vide 0 GE. No 1427, DI. 06.10.2015 or if here be no occupier, to the owner, of the land or building; 1 · Vide Notfn No. 37639-TP·Esst.-65/83-HU0/31.8.1983. ODJSHA LOCAL LAWS [S. 90 244 ' s. 91) 0 · Development Authorities Act, 198 2 245 (ii) sufficient opportunity shall in every instance be ~i~en lo enable women. if any, to withdraw from such land or bu1ld1ng , subject to which such permission. approval or sanction has been granted (iii) due regard shall always be had, so far as may be compatible, '[or any development deemed to be a development undertaken · d d 'th I · , came out with the exigencies of the purpose for which the entry is made, of complete w1 . ou a perm1s~1on as referred to in Section 15 under Clause to the social and religious usages of the occupants of the land (b-1) of Sub-section (2) ~f Sect!~n 128] any officer of the Authority empowered or building entered. by it in th.is behalf, may 1n addition. to a.ny prosecution that may be Instituted under this Act, m~~e an o~der directing that such development shall be 90. Penalties- (1) Any person who, whether al his own instance or removed by demollt1on. falling or otherwise 2(or secured by sealing)by the at the instance of any other person or any body (including a department of owner thereof or by t~e person at. whose instance the development has Government), undertakes or carries out development of any land in contravention been cor:nmenced ?r 1s being camed out or 'has been completed, within of the development plan or without the permission, approval or sanction such period no~ being less than five days and more than fifteen days from referred to in Section 15 or in contravention of any condition subject to which the date on which a copy of the order of removal, with a brief statement of such permission. approval or sanction has been granted, shall on conviction the reas?~s t~erefor, has been deliv.ered. to the owner or that person as may be punishable with simple imprisonment for a term, which may extend t~ be spec1f1ed in the. order and on his failure to comply with the order, the six months, or with fine which may extend to ten thousand rupees or with officer of the Authority may remove or >[cause to be removed the development or seal or cause to be sealed such development and the expenses incurred both and the Court shall in such order of conviction direct that if such contravention therefor) shall be recovered from the owner or the person at whose instance continues after the date of the order of conviction, a fine not exceeding five the develqpnient was commenced or was being carried out or was completed hun~red rupees per day during the period during which the contravention as arrears of land revenue : continues, shall be recovered from the person so convicted : Provided that no such order shall be made unless the owner or the Provided that in the absence of special and adequate reasons to person concerned has been given reasonable opportunity to show cause the contrary, to be mentioned in the judgment of the Court, the fine shall not why the order should not be made. · be less Iha~ two thousand rupees, and the case of continuing contravention (2) Any person aggrieved by an order under Sub-section (1) may of the prov1s1ons, the fine shall not be less than one hundred rupees per appeal to the State Government or an Officer appointed by the Slate Government day. in this behalf, against that order within thirty days from the date thereof, and . (2) Any person who uses or permits the user of any land or building the Government or the Officer, as the case may be, may after hearing the in contraventro~ ?'the prov.soons of Section 19 or in contravention of any parties to the appeal either allow or dismiss the appeal or may reverse or terms an~ cond1t1ons pres~ri~ed by regulations made under the proviso to · vary any part of the order. The decision of the State Government or the Officer that section ~hall, on conv1ct1on, be punishable with simple imprisonment shall be final· and shall not be questioned in any Court of law for~ term which may extend to three months, or with fine which may extend (3) The provisions of this section shall be in addition to, and not in t~ five thousand rupees, or with both, and in the case of continuing offence derogation of any other provision relating to demolition of buildings contained wit~ further fine which may extend lo two hundred rupees for everyday, durin~ in any other law for the time being in force. which the offence continues after conviction. CASE LAWS : r (3) An~ person who obstructs the entry of any person empowered Unauthorised construction by builders · Compounding of deviations - To ,o duly auth~nsed under Section 89 to enter into or upon any land or building be dealt with at a higher /eve/ by mu/ti-membered High Powered Commil/ee so thal or prevents in any manner such person from the discharge of his lawful the builders cannot manipulate - Officiels who have connived at unauthorized o'r illegal constructions should not be spared · In developing cities the strength of ~uties, after s~ch entry shall, on conviction be punishable with simple imprisonment staff which is supposed to keep a watch on building activ11ies should be suitably or a term which may extend to three months, or with fine which may extend increesed : Friends Colony Development Committee v. Stale of Odlsha and to one thousand rupees or with both. · others : 2005 (/) OLR /SC) 84 . . (4) Whoever contravenes any provision of this Act or any rule or Unauthorised construction • Compounding and regularisation • Slobility regulation made thereunder or any direction issued in pursuance of an report by structural analyst suggested removal of 5th floor and cantilevers constructed dev~lopment plan approve.d under this Act and if such contravention is n:i by the respondent - High Court directed that if the builder submits a revised plan for the construction the authority should consider the same in accordance with law p~n1shable u~der.the foregoing sub-sections, shall. on conviction be punishable -Held, Regularization of deviations by way of compounding as per Municipal Laws w~th simple imprisonment for a term which may extend to three months or should be sparingly used • Only such deviations deserve to be condoned as are with fine which shall ~ot be less th.an fifty rupees and not more than one bona fide or ere attributable to some misunderstanding or are suc/1 deviations thousand rupees or with both and in the case of continuing offence with where the benefits gained by demolition would be far less lhan /lie disadvantage further fine which shall not be less than ten rupees and more tha~ f'ft suffered - Deviations by professional builders need to be dealt slernly l/1a11 an Individual constructing his own building • Fvnd to compensate unwary purchasers rupees for everyday during which the offence continues after conviction.' y to be buill up therefrom : Friends Colony Development Cdmmittee v. Stale of 91. Removal of unauthori.sed development-(1) Where any development Odlsha and others : 2005 (I) OLR (SC) 84. has been commenced or 1s being carried on or has been com leted in 1. Inserted vide Odisha Gazette Ext No. 21/85115.12.1984-0rdinance No 12 ol 1984 contrav~ntion of the de~elopment plan, or without the permi;sion p or sanction referred to in Section 15 or in contravention of any' ca::;i~~an 1 2. Ins. vide O.G.E. No. 1427, Dt.06 10 2015 3 Subs. vide O.G.E No 1427. DI. 06 10 2015 246 ODISHA LOCAL LAWS [S. 91 s 92] O. Development Authorities Act. , 982 247 . r n . construction made deviatin Demolition of unauthor1sed construe ~ ':J e situated in thickly built are g Sec. 91 (2) . No appeal is maintainable under the Section at the n 0 8 a third party : Santosh Kumar Trlpathy v. State of Odisha & 2 h ' .stance of approved plan without leaving any set back · objection certificates filed b OLR 1000 ot ers . 2015 {I) where construction with no set back, is allowed ·d ; • Owner willing to regular;/ 1 neighbours • Unauthorised construcl1?n compoun a ~·ron order set aside : sm: Sec. 91(2), 103 · CDA land • Allotment · CDA is the authority for takin construction after paying compounding fees • Demo~/~ 2003 Ori 114. · decision for allotment .of land on such terms as may be considered expedient an~ Santllata Sahoo v. State of Odlsha and Others · 'hBS to be at mark_et prtce • Sate Government, in its capacity as appellate authority/ Whether provisions contained I n S ec.. 9 1(2) of the Arc t't/o" t a h n e d e " f s fe h c a t l l t h n a o t t the revisions/ au.thorrt~ und~r Sec. 91(2) or under Sec 103(3), can only interfere if q "d u e e c s i t s i i o o n n e d o " f i t n h e a n S y t a C le o u G rt o o ve f r l n a m w e i n m t p o ll r e d th ly e o O u f s f t i s c e t r h e s h 1 .a u l m l_ d b 1 ~ c t 1 1 . ? n n a °.f the c I · V I . _ 1 C o u~t b e • ( / 1 h ) e r i e s i l s im a it n e y d ll t l o e . g t a h / e 11 i ' s ( s o u r e i m o p f r p o o p l r ic ie y t y d i i r n e c th ti e o n d s e c a i n s d io n n o o t f f o th r e d e C a O li A n g • w S i c t o h p a e n o y f i n s d e i c v . i d 1 u 0 a 3 l After discussing in detail the provisions of the Act and taking into consi~erat1on allotment: Residents Development Association of Sector-7, Markatnagar Abhinab the Civil Court jurisdiction the Hon'ble Court has held that the Act ~as provided !or Bldanasi, Cuttack v. State of Odlsha and 4 others : 2014 (Supp.-1) OLR 713. adequate efficacious remedy for redressal of the grievances of a c111zen undertaking '/Note-Jn exercise of the powers conferred by Sub-section (2) of Section deve/opmenVconstructions on his own land in shape of appeal to ~tate ~overn!"'en~ or to designated official; but thereafter he can approach. f-!1gh Court invoking cerlloran 91 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). rhe state Government do hereby appoint the Secretary to Government, Housing and jurisdiction. A person aggrieved by an order of demo/Ilion passed under Sec. 91 of Urban Development Department es appellate authority to hear and decide appeals the Act has adequate and efficacious remedy in sh_ape of ~ppe~I !o ?ta.le _Government against the order of the Development Authorities under Sub-section (1) of the said end thereefier he can approach High Court invo.k1~g ~e~tiorari 1u:1sd1ct10.n ~ Po~ers section of the said Act.] conferred under Sec 91 stated in detail· Held, JUflsd1ct1on of C1v1I Court is 1mpl1edty barred so far as the redressal of grievances for which as adequate provision has 92. Powers to stop unauthorised development-(1) Where any development been made . Civil Court has also no jurisdiction to grant interim injunction restraining in any area has been commenced In contravention of the development plan the Statutory Authorities from exercising statutory powers • But Civil Court shall or without the permission, approval or sanction referred to in Section 15 or ,•.' I . have jurisdiction to examine cases where there are allegations that provisions of in contravention of any conditions subject to which such permission, approval the Act have not been complied with or the statutory authorities have not acted in or sanction has been granted. the Authority or any officer of the Authority conformity with fundamental principles of judicial procedure: Puri Konark Development empowered it by in thi.s behalf. may, in addition t.o. any prosecution that may '• Authority v. Raina Bhadra and others : 2002 (II) OLR 128 : AIR 2002 Ori. 207. be instituted under this Act. make an order requmng the development to be Allegation of unauthorised construction and for removal of the same • discontinued on and from the date of the service of the order, and such Show cause notice issued According to facts and circumstances simple issue of order shall be complied with accordingly. show cause notice not sufficient . Personal hearing should be given-There should be a proper enquiry -Otherwise rules of natural justice are violated-Even though (2) Where such development is not discontin~ed in pursuance. of there is no provision for enquiry, yet it should be read into the provision -Held, the order under Sub-section (1) . the Aut~ority ~r the officer of !hf? Authority, when facts and circumstances cry aloud for an enquiry for resolution of disputed as the case may be, may require any police officer to remove th7 person by and contentions issues of fact, absence of an enquiry at the original stage would whom the development has been commenced and all his assistants and not be just and proper -1986 (/) OLR 621. workmen from the place of development 2[and to secu~e such place?~ development Secs. 91, 92 • Construction of multi storied residential building • Order of by sealing] within such time ~s may be s~~cif1ed in the. requ1s1t1on and such demolition as approval not obtained from B.D.A. - Plea of petitioners that B.D.A. police officer shall comply with the requ1s1llon accordingly. . has no jurisdiction lo insist for permission, when the permission was granted by (3) After the requisition under Sub-section (2) has been complied the Serpench of 'K' Gram Penchayat · 'K' Gram Panchayat wes included in the with, the Authority, or the office~ of the Authority, a~ the case may be, may B.D.~. at a later stage by virtue of the Notification dated 24.3.2003 . Held, Act not depute by a written order a police officer or an officer or employee ~f the applicable and provisions of such cannot be extended and applied to the territories Authority to watch the place in order to ensure that the development 1s not of Gram Pancheyet · B.D.A. having been constituted for the area comprising master plan area of Bhubaneswar. Khurda and Jatni has no authority or power or jurisdiction continued. to include the villages of ·K· Gram Panchayat by notification.dated 24.3.2003 under (4) No compensati9n shall be claimed by any person for any damage Sec. 3(2) of the Act without creating any Development Authority.

Notification dated which he may sustain in consequence of the removal of any de~elop~ent 24.3.2003 is also contrary to the provisions of Sub-section (1) of Section 3 of the under Section g1 or the discontinuance of the development under this sechon Act : Jagadish Prasad Naik and another v. State of Odisha and another : 2012 (Supp.-//) OLR 325 (5) The provisions of this section shall be in addi~io~ to and not in derogation of any other provision rel.ating t? stoppage of bu1ld1ng, operations . . Sec. 91(1), 16 · Construction of either A.C. sheet/thatched roofed houses by pet1/1oners • Pet1t1oners have not produced any title deeds to show their occupation of contained in any other law for the time being 1n force. th.a property/land. which have been earmarked for the proposed alignment of 200 ft. CASE LAW: wide development plan road in the development area • They have not obtained permission/ Sec. 92(1) • Unauthorised constructions ·Stoppage of· Unless~ coor d r.n ated approval for construction ·As per sec. 16 of the Act every person including the department effort is made by the Development Authorities as well as law enforcing abgen,cikes, of the Central Government or e State Government or a local authority is required to · 1 1·ons Action to e a en obtain permission from the authorities constituted under the Act • Show cause notices one cannot expect to stop the unauthortsed cons rue 1 · 01 h indicated : Nlrakar Sahoo v. Bhubaneswar Development ,Authority and ers were ~ssued to lh_e_p etitioners end as they did not submit any reply, order was passed dlfecting the pet1t1oners to ~~move una~t~orised constr~:tions • Appellate Authority : 2011 {II) OLR 556 upheld the orders of demol1t1on and eviction of the pet1/1oners • Findings based on 1. Vide Notfn. No. 7058-T.P.-A. 2584-HUD/15.2.1984-see Od1sha Gazelle Ext No fmdmg of facts · Petitioners have no right to challenge the order of demol11ionleviction 371114.3.1984. • No interference : Surendra Ojha v. State of Odisha and others : 2013 (Supp.-/) OLR 1090. 2. Ins. vide O.G.E. No. 1427, Dt. 06.10.2015 - - -- :: :.. _-.:.. -.:.c;: .:;::- f ~. ..~. _. ~..;..-::--""'{ ,..-~ ~c:- -~ :,.-:;: '~~ ,.~ ~ .-~-~ •r ... h ~.. . .o. ~--;...:- - : - . : - : .. - ~ ;: z -:: - . ~ ~ .. ,,:'" ~_....,-_,.~ r'.:" -- .: c. ~ lr''!!k~ ~ ~_.... ~....-... :r~ ~ ,...~~ ~ ~­ ;> t'"~ --.1 ...~ -,,.. -e:r:!" ~ T~ ~ -!!~~ - -- :-...c- --.:-=- .... -~~~ _-;e;.;;~ _. . ..:-~ -~ 7- -~ - ~=- ~ -~ ~- ~- - -- - - - - -: - :- - - - - --~-- - - ~~::-:..-~= ~-~ ;..~ a;.,a; .._ - r - ~ .a ~ : a - 1 ~ t li . ~ - ~ ~ c f1 i ~ o , ~ r . , , . , n ,s ~ ; ~ ~ c - ~ Y a ~ ~ - ' ~ ~ P f ~ t ;< - c . r , . ; , .. ; ; s a : - ~ : e ; - i _ ; . r . b .. , r _ " ,, . ,. . rr. O "'; '. . . _ - , ' , , - .... . . .. .. - ~ ~ i - . ~ _ : . - ~ ? ~ .. ' -~ l ~ ~ ; .... I - ... r . / - ~ \ - ' - . ~:..-- ~· ~e :.;;_ -a:>' -- ~~~ ;.. 'S 'lh ~ ~. ... -..: • - -~ - --:e4:::: ...::,_~~ - :.--:~~ i:..- : --~ --~ - .-:-·:·' ...~ ~ _-... ·~~~ -- _.. '°'"So> :,._;::.. ~-- _;;- ~-? -:. * -: ' . :."':. ~ :;::... ~,. ~ ~ • :.-~ -:... -:.-... ~~r.-. -::r - -.-.. *"" ::-:.. :.. ~-i: :.. . ~ ..:;;-.o;.-:.-~- :. a:-:. --- -:. -: --=~ ~::. J_f'.f.J '°oJ'7 ::r ~-: f*'"-: :.. .. -:.. .... r;. ;.·~ ~":. ~-:,. ~~ :.i·~ ~~ ~~?-:_ "l ;_~,- .r' ~ . ~ ~ .. ·- ~- .: w~ --i.z-17~ -;r~ ~~ ..~ '!a~ 'irY 1f 1~ ~ r:e-;. :r ;It''?'~~~~ :r ~ ~ ~<;:Y~~l!c 11~~ -:r1reo __, . . .._,.- :r it" - '!::"""CP-:r i1" -~> :-:~ ._..::.·--~ :.- - -~ :.-;;-~c;a---"cr :f'r:e-v::Jt'er~c>c~;; "eo-..i.i.cr .. ~,,..,.- ? '<!" - -= ; :e 7J'P.:c:t ;i.rr,,c--; .... _ -~-~-~ -:,a:. ~J,; .. r;:-· - ~~ ~ -;:a.e '!b!:' ~'!" 11 -:t~Ci!o ::f -t:1s. :.c -:r ~ :r ~arn:r -iS!!J< ":o. -~-... -· -~----~ JT. .. e: ~~ ~- :: ~ --:rr~ r - -c o- - vr· ,...-; .. as~ - ~ ::fu~ el 31 ... ?l'ia:Bt.:. ~ ::-<:1"~ :e::. ---.t: c :.: '!!" ~ -c 7'~ -:;r :::>ar~ -:i' ~...e: --ff ..' ! ~ : :i= ::...P.:': -;::---:: : ~..s _.r..- ·-:: 2 :=-ze;..~ ':.._. ...... ~~;;f:;c r...r .... !!--~ --~-:: :.-:.-:e'!:Z ~. .. -~-~ ~--:. --1!: -~'= ~~ :..a:r..;;. :: ~~ :.-~ -~ -~:. -~ :. ~ - -- ~~ --~- - r- :.~- :..:r_c:-~ ~ =at~_e:- -? ~~ •72 ,.ii:': :_~-;::-- .... -- -'( P~-: ... _ --:. ;.._ _ .. lii = ~ ~ - - 'l : :. ...--~::.-~ - :_ .. : , .. -~­ - .. -:: . : . ... - -~ .. ... :. :.,_ .. :.r -~ ~~: ·-:~ .... ~:: ::. -~~.: ~ -~,.-11!!: r~ -~ ~-: -~ _:.;;:_~ :.· ~ :.- ~:.~ s [S. 98 105) 0 . Development Authorities Act, 1982 ODISHA LOCAL LAWS 251 250 eneficiary may, if the recovery thereof is no1 "'"! re . d . Sub-section (1) shall ~e ~·e~7hed t~· apply b ther provision of this Act, shall be recoverabl; bry ,:slAy P\hrov~ded for In any (3) Nothing containe in . ed is an injunction o w IC e o 1ection 0 e '[and the St t G e u onty as arrear of to a suit in which the only re!i~f cla~~he notice or by the postponement of the 1and revenu . a e overnment may appoint an officer of the A . would be defeated by the giving 0 as Cerllfi~ate Officer who ~hall be deemed to be the Certificate Office~~~\~~~ the meaning of the prov1s1ons of the Odisha Public Demands Recover A institution of the suit. ce etc.-(1) The Authority or any person 52 to recover such dues of the Authority.} Y ct'. 98. Compounding of offen ral or special order, may- 19 authorised by it in this behalf by ~~~~aw from any. legal proceeding under 1 o.3. Control by ~tate Go~ernment-(1) The Authority shall carry out such d1fec~10.ns as m.a~ ~e 1ss~ed lo 1t, from time to time, by the State Government (a) institute, defend or Wl~e thereunder; for the efficient adm1n1strallon of this Act. this Act or any rule ma . t tution of the proceedings, compound (b} either before or after th~ 1~5 ~le under this Act or any rule made (2} .If in, or in connection with the ~xercise of its powers and discharge any offence made punis a of its functions by the Authonty under this Act, any dispute arises between thereunder; and · d th A the Authority and the State Government, the decision of the State Government . "thdraw any claim made un er e ct or on such dispute shall be final. (c) admit, compromise or wi . any rule made thereunder · . . . (3) The State Government may, at any time, eithe1 on its own motion '[Provided that the A u t hority or any d . p erso e n n d a i u n t g h o in r · is ed by 1t in this or otherwise, call for the records of any case disposed of. or order passed behalf shall not withdraw any legal procee mg p by the Authority for the purpos: of s~tisfying itself as to the legality or propriety (a) Criminal Court without the consent of that Court :. a.nd of any order passed or d1fect1ons issued and may pass such order or issue . . 'th t leave of that Court, wherever 1t 1s necessary such directions in relation, as it may think fit : (b) ~~~~~~hu:tp~~vi~~ons of the Code of Civil Procedure, 1908 (5 of Provided that the State Government shall not pass an order prejudicial 1908.)) . to any person without giving such person a reasonable opportunity of being (2) When an offence has been compounded, the offender. if m ~usto~y, heard. shall be discharged and no.further proceedings shall be taken against him 104. Returns and inspection- (1) The Authority shall furnish lo the in respect of the offence compounded · State Government such reports, returns and other information, as the State 99. Members and employees of the Authority to be public servants Government may, from time to time, require. \ All members, officers and employees of the Authority. the members .of the (2) Without prejudice to the provisions of Sub-section (1), the State Advisory Council and committees and all other persons entrusted w1th the Government or any officer authorised by the State Government in this behalf, execution of any function under this Act shall be deemed, whe~ acting o~ may call .for reports, returns and other information from the Authority in regard purporting to act in pursuance of this Act or the rules or regu~at1ons made to the implementation of any development scheme or town planning scheme. thereunder, to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860). (3) Any person authorised by the Slate Government or the officer 100. Protection of action taken in good faith-No suit, prosecution referred to in Sub-section (2) may enter into or upon any land without assistants or other legal proceedings shall lie against any person for anything which or workmen for ascertaining wheth.er the provisions of the development is in good faith done or intended to be done under this Act or any rule or plan are being or have been implemented, or whether the development is regulation made thereunder. being or has been carried out in accordance with such plan or such scheme. 101. Duty of ~olice officer-It shall be the duty of every police offlcer (4) No such entry shall be made except between the hours of sunrise (a) to co-operate with the Authority for carrying into effect and enforcing and sunset and without giving reasonable nqtice to the occupier, or if there the provisions of this Act or any rule or regulation made thereunder; be no occupier, to the owner of the concerned land or building. (b) to communicate without delay to the proper officer or employee 105. Service of notices etc.- (1) Alt documents including notices of the Authority any information which such police officer receives and orders required by this Act or any rules or regulations made thereunder of a design to commit, or of the commission of any offence against to be served upon any person shalt, save as otherwise provided in this Act this Act or any rule or regulation made thereunder ; and or rules or regulations, be deemed to be duty served- (c) to assist any officer or employee of the Authority reasonably (a) where the document is to be served on a Government Department, demanding the aid of such police officer for the lawful exercise railway, local authority, statutory authority, company, corporation, of any power vested in him under this Act or any rule or regulation society or other body if the document is addressed to the head made thereunder. · of the Government De 0 partment, General Manager of the Raitw~y, 1O ~. Mode of recovery of dues of the Authority-Any money due to Secretary or principal officer of the local authority, statut~ry au~ho~1ty, th~ ~uthonty on account .of fee or charges, or from the disposal of lands, company, corporation, society or any other body at 1ts prmcipat bu1l~mgs .or other properties, movable or immovable or by way of rents and branch, local or registereo office, as the case may be. and is profits or m pursuance of any agreement executed by the Authority with any either- 1. Added vlde Od1sha Act No. 15 of 1984-w.e.f. 6.6.1984. 1. Added vide O.G.E. No. 1427, Dt. 06.10.2015 s. 113] 0. Developm t [S. 106 en Authorities Act, 1982 ODISHA LOCAL LAWS 253 252 108. Authentication of Ord . d d . . ers, documents t to such office; or anctions, or ers, ec1s1ons, notices and th • e c.-All permissions (i) sent by regislered post S 0 er document h I ' (a) on behalf of lhe Authority b th . s s a I be authenticated- (ii) delivered at such office; d. a partnership, if the document Authority, ' y e signature of the Secretary, to the (b) where the pers.on to be serve. tst its principal place of business, (b) on behalf of the Valuation Off' b . is addressed to the partnership~ le under which its business is . teer, y himself, identifying it by the name or s y or by any other officer authorised in this behalf b · . carried on, and is either- case may be, by the Valuation Officer. y the Authority or, as the (i) sent by registered post, or . . . 109. Jurisdiction of Courts-All off . 'd place of business, ences committed under the Act or (ii) delivered at the sat t . addressed to the person to any rule made thereunder Shall, on a complainrbein ma . (c) in any other case, if the documen ts by a Magistrate of the first class. g de, be, cognizable be served; and : 110. Sanction of prosecur N · . . . ion- o prosecution for any offence punishable (i) is given or tendered to him, or . under ~his Act shal.I be instituted except with the previous sanction of the b found is affixed on some conspicuous (ii) if such p~rson cannow 1 n e lace ~f residence or business or is Authority or any officer authorised by the Authority in this behalf. part of his last kno P dull member of his family or is 111. Power to delegate-(1) The Authority may, by notification, direct given or tendered 10 s~:~:s part of the land or building to that any power exercisable by it under this Act, except the power to make affixed on some conspt regulations, may also be exercised by such officer or local authority or committee which it relates, constituted under Section 6 1[or Special Purpose Vehicle constituted under (iii) is sent by registered post to that person. the owne (2 r ) o A r n o y c c d u o p c · ie u m r 0 e f n a t n w y h la 1·c n h d is o r r b e b u q i u ld ir i e nr d g t h m o r t a a y la u b n t e h d o a o r d i r s d e b r d e u s i t l s d o e i n b d g e " t n s h a e e m r o v i e w n d g n e o o r n • r m a se n a y c y t i a b o s e n m m 6 a A e y n o t b r i e o S n s p e p e d e c c t i h a if e l i e r P ' e d l i a n t n h , n e in i r n e s g in u . A c h u t c h a o s r e ity s a d n e d si g s n u a b t j e e d ct u to n d s e u r c h s e c c o t n io d n i ti 3 o A n ] s ' a i s f or "the occupier", as the case may e, o a . . . • : 1 d b ilding without further name or description and (2) The State Government.may, by notification, direct that any power describindg thatd at n b odr lu served if the document so addressed is sent or shall be eeme o e u Y , . exercisable by it under .this Act. except the power to make ruies, may also be delivered in accordance with Clause (c) of Sub-section (1). exercised by such officer 1[or such Committe.e, to be constituted by the State ( 3 ) Where a document is served ·on a partnership in accordance Government for the purpose,] as may be mentioned therein, in such cases with this section, the document shall be deemed to be .served on each and subject to such conditions, if any, as may be specified therein. partner. (3) The Chairman or the Vice Chairman with the prior approval of (4) for the purpose of enabling any document to be s~rv~d on. ~he the Authority, may by order, direct that any power exe.rcisable by him under owner of any property the Secretary to the Authority, may by notice in writing this Act, may also be exercised by such officer as may be mentioned therein require the occupier, if any, of the property to state the nam.e and address of in such cases and subject to such conditions, if any, as may be specified the owner thereof. therein. (5) Where the person on whom a document is to be ser.ved is. a minor, the service upon his guardian or any adult member of his family 112. ·Fines when realised to be paid to the Authority-All fines realised shaJI be deemed to be .service upon the mi no(. in connec~ion with prosecutions under this Act shall be paid to the Authority Explanation-A domestic servant is not a member of the family within at such time and in such manner as may be prescribed by rules. the meaning of this section. 113. Power !Jf Autliority to require local authprity to assume responsibility · 106. Public notice how to be made known-Every public notice lo be in certain cases -Where any area tias been ,developed by the Au'thority it given under this Act or the rules or regulations made thereunder shall b e may require the locar authority within whose local limits the area so developed in writing over the signature of the Secretary to the Authority or, as the case is situated, to 'assume responsibility 'for the maintenance of the amenities may be, over the signature of the Valuation Officer and shall be .widely made which have been provided in the area by the Authority and for the provision known in the locality to be effected, thereby by affixing copjes thereof in of the amenities which have not been provided by the Authority but which in conspicuous public places within the said locality or by publishing the same. its opinion should be provided in the area, on terms and conditions agreed by beat of drum or by advertisement in a local newspaper and· by such other upon between the Authority and that local authority, and where such terms means which the Secretary may think fit. and conditions cannot be·agreed upon, on terms and conditions settled by 107. Notices, etc. to fix reasonable time-Where any·notice, order the State Government in consultation with the local 'authority on a reference or other document issued or made under this Act or any rule or regulations of the matter to State Government by the Authority. · made thereunder requires anything to be done for the doing, of which no time is fixed under this Act or the rule or regulation. the notice, order or other 1. Ins. vide O.G.E. No. 1427, DI. 06.10.2015 document shall specify a reasonable time for doing the same. ODISHA LOCAL LAWS (S. 114 s. 121J 0 Development Authorities A t 254 c ' 1982 255 . efault by persons·( 1) If the Authority (2) Notwithstanding anything contained in an 114. Power of the Authority Ind t from any ol its officers or other (a) when permission for develo Y other law. afler holding a local enquiry or upon ref.o~ that any amenity which in the o bla m . e d under this Act su p ch m e d n t in respect o f any land has been information in its possession. is salt~ ie d for any land but has not been lo be unlawfully undert~ken evel.opment shall not be deemed opinion ol the Authority is to be provide nt of the land for wllich permission. fact that permission, approv~~ ~~rried out by re~son only of the provided for such land or that any developntu nder this Act but has not been other law for such development h sanction required under such approval or sanction has been oblaine ortunity of show·cause, serve as not been obtained . a d carried out. ii may. after giving reasonable op~esponsible for providing the (b) when permission lor such develo . · n upon the owner of the land or the perso~ case may be, a notice requiring under this Act, development shaltnment has not been. obtained amenity or carrying out the development, as 1 de velopmenl within such lime as undertaken or carried out by re 01 be deemed to be lawfully him lo provide the amenity or carry out lhe e approval or sanction required und:~~~ ~nlrho f :he fact the permission. has been obtained. c 0 er aw lor such development may be specified in the notice h development is n . . ·ded or any sue o1 . (2) If ~u~h ame~1ty is no 1 . pro~ 1 ~ the notice, then the Authority may '((3) T~~ P~~s~~ requiring a permission for development on a final earned out within the time specified d lopment or have it provided or po. w IC as ~een recorded as agricultural land in the record itself provide the amenity or carry ou~ the evh~ k fit . of rights and which has been carved out and a d d h . d h h h ency as it may I in . t n plann· h pprove un er t e came o P u r t o I v id ro e u d g tha su t e b ef a o g re 1a k1'n g any . a t cti . o n th e u n o d w e n r e t r h o i ' s f t s h u e b l - a s n e d c t o io r n to . t t h h e e s o c w he me or i p n e g r m s? 1t t e ~d m u e n , d d e e r v t e h l e o p p m ro e v n i t s i s o c n h s e o m f e s e o c r ti l o a n n d 1 6 p o o o f li th ng e Authority shall .give reason.a~le opportun. 1 Y 10 for carrying out the development Act, shall not require a writlen permission for conversion of the person responsible, for prov1d1ng the.amernty ~~ nol be taken. use of land for the purpose other than agriculture under tne provisions to show cause as lo why such action shou of section SA of the Odisha land Reforms Act, 1960 and rules 3) All expertses incurred by the Authority or the agency emplhoyed ~y ( made thereunder. but shall pay the conversion fees at the rate " · t the development, toget er with it in providing the amenity or carrying ou s ·1s made until payment provided in section SA of that Act which shall be credited to the . i nterest f rom th e d a I e w h e n a demand for expe d n se f ix shall be recovered by Comprehensive Development Plan Infrastructure Development at such rate as the State Government may. by or er • 'ble for providing the Fund referred to in sub-section (5-a) of section 77.) the Authority from the owner or the persons responsi · 120. Mode of proof of record and restriction on the summoning of amenity as arrears of land reven'ue. . an officer of the Authority-(1) A copy of any receipt, application, plan. notice, 115 Registration of documents, maps, plans not requlred-(1) Nothing order, entry in a register. or other documents in the possession of the Authority in the India~ Registration Act, 190S (Act No. 16 of 190S) shall be ~eem~d to or the Valuation Officer if duly certified by the legal keeper thereof or other require the registration of any documents, plan or map prepare. • ma e or person autho.rised by t~e Aulh?rity .ror the Valuation Office in this behalf. sanctioned in connection with a development plan or a town planning scheme shall be received as pnma fac1e evidence of the existence of the entry or which has come into force. document. as the case may be, and shall be admitted as evidence of the (2) All such documents, plans and maps shall, for the p~rpose ?f matters and transactions therein recorded in every case, where, and to the Sections 4S and 49 of the said Act be deemed to have been registered in same extent, the original entry of document would, if produced, have been accordance with the provisions of that Act : admissible to prove such matters. Provided that documents, plans and maps relating .to. be approved (2) Jhe Chairman, Vice-Chairman. member. officer or employee of development plan and scheme shall be accessible to the public in the manner the Authority or the Valuation Officer or any officer subordinate to him shall prescribed by regulations not in any legal proceedings to which the Authority or the Valuahon Officer is 1(116 .•• ·1. not a party, be required lo produce any register or document the contents of 117. Exemption from Stamp Duty under Indian Stamp Act, 1899- which can be proved under the preceding sub-section by a certified copy, or Notwithstanding anything contained in the Indian Stamp Act, 1S 99 (Act No. 2 to appear as witness to prove any matter and transaction recorded therein, ol 1S 99) no duty shall be imposed on any deed of transfer of immovable unless the Court for special reasons so directs. property either by or in favour of the Authority. 121. Development plans to stand modified in certain cases ·(1) 118. Power to make agreement-Unless otherwise provided in this. Where any land situated in a development area is required by the development Act the Authority shall be competent to make any agreement wit~ any person plan to be kepi as unbuilt upon or is designated in any, such plan for any or party in respect of any matter which is provided for under this Act, or the public purpose or subject to compulsory acquisition, then. if at the expiration rules or regulations made thereunder. of ten years from the date of coming into, operation of the comprehensive 119. Effect of other laws- (1) Save as otherwise provided in Sub development plan under Section 13, the land is not compulsorily acquired section (3) of Section 91 or Sub-section (5) of Section 92. the provisions of or purchased, by the State Government or the Authority, as the case may be, this Act and the rules and regulations made thereunder shall have effect the owner of the land may serve on the Slate Government a notice requiring notwithstanding anything inconsistent therewith cootained in any other law. his interest in the land to be so acquired. • Deleted vide Odlsha Act No. 10 of 1985-w.e.f. 13.5 1985. 1. Ins. vide O.G.E. No. 1427, Dt. 06.10.2015 ootsHA LOCAL LAWS . [S. 122 256 s. 123) O. Development Authorities Act, 1982 257 t fails to commence proceedings for th (2) If the Stale Governrnenl d Acquisition Act, 1894 (Act No. e Provided I.hat consultation with the Authority shall not be necessary 1 acquisition o f I h e I a nd under th h e d a a n t e of receipt of the no t i ' ce under Sub o . f the first occasion of the making of the rules under this section but the 1894) within six rnon.ths from \ e fter the expiration of the said six months ~~ate Government s~all tak: into consideration any suggestion w°hich the section (1) the land, immediate~ ad to be kepi as unbuilt upon or for PUbli, Authority may make in relation to the amendment of such rules after they shall be deerne~ to be not r~l~~i : ; f e acquisition, and shall be available to th~ are made. . v, (2) In particular and without prejudice to the generality of the foregoing purpose or. sub1ecl to compions Chapter for development for such uses ower, such rules may provide for all or ariy of the following matters. namely : owner, sub!ec.t to ~he provisf d' cent land in the relevant development plan as is perm1ss1ble 1n case o a Ja . . . · p (i) the salary, allowances and conditions of service of the Vice-Chairman . . f Odish a Public Premises (Eviction of Unauthorised and whole-time paid members of the Authority under Sub-section 122. Application o · . Th St G Occu ants) Act. 1972 to premises of the Authority -(1) . e ate over~ment (7) of Section 3. · may P by no1 1 . 1 1 . ca 1 . io n • , P r ovided thal from such d . a te as is stated ) th A e rein lhe (ii) control and restriction in relation to appointment of Secretary Odi~ha Public Premises (Eviction of Unauthons~d. 0 ccupan 1 s ct_. 1972 and other officers and employees of the Authority under Sub (Odisha Act 5 of 1972) shall, subject to. th~ prov1s1ons of Sub-sect10.n (2) section (1) of Section 4 ; apply to the premises belonging to, vesting in or leased by the Authority. (iii) the form and the manner in which the notice shall be published inviting objections with respect to the draft development plan (2) on a notification being issued under Sub-section (1), the ~foresaid under Sub-section (1) of Section 12; Act and the rules made thereunder shall apply to aforesaid premises with (iv) the form and contents of the development plan, the procedure lo the following modifications, namely : Qe followed and any other matter including time-limit in connection (a) the State G.overnmenl shall appoint an officer of the Authority with the preparation, submission and approval of such plan, under who is holding or has held office, whether under the Government Sub-section (4) of Section 12 ; I' I or the' Authority, which in the opinion of the State Government is (v) the form and the manner in which notice shall be published inviting not lower in rank than that of a Deputy Collector or an Assistant objections and suggestions with respect to the proposed _modification Engineer, to be the Estate Officer for the purposes of the aforesaid in a development plan under Subsection (3) of Section 14 . Act and one or more officers may be appointed as Estate Officer (vi) the fee to be accompanied with the application for permission to for different areas or for the same area ; develop under Sub-section (2) of Section 16 ; (b) reference to ·public premises· in that Act and those rules shall (vii) the manner in which and the fee to accompany the appeal against any be deemed to be reference to premises of the Authority and reference orders under Section 16 or 17, under Sub-section (1) of Section 18; .. to "the State Government" in Sections 6, 12, and 15 thereof shall (viii)the amount of fee to be paid for re-validation of permission, under be deemed to be reference to the Authority. Section 20; . ; '(Note-In exercise of lhe powers conferred by Sub-section (1) of Section (ix) such ottier matters, which may be provided in a to"."n planning " 122 of the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982), the scheme under Clause (i) of Sub-section (4) of Section 22 ; State Government do hereby provide that with effect from lhe 1st day of November, (x) the mariner of publication of declaration of intention .to mak.e a 1983 the Odisha Public Premises (Eviclion of Unauthorised Occupants) Act, 1972, town planning scheme under Sub-section (2) of Sec~1on 23 , shall apply to the premises belonging to vesting on. or leased by the Cuttack Development Authority.) (xi) the manner in which the Authority shall publish a notice a~d the 1/Note ·In pursuance of Clause (a) of Sub-section (2) of Section 122 of the form in which information shall be invited in respect of title, or Odisha Developmenl Authorities Acl. 1982 (Odisha Act 14 of 1982), lhe State Government Interest in the lands or buildings covered by the draft town planning do hereby appoint Administrative Officer, Cuttack Development Authority to be the scheme under Sub-section (3) of Section 23 : Estate Officer for the purpose of the said Act for the areas to which the Odisha (xii) the manner of publication of a draft town planning ~cheme under Public Premises (Eviclion of Unauthorised Occupants) Act. 1972 has been applied in the nolificalion of the Government of Odisha in the Housing and Urban Development Sub-section ( 1) of Section 25; . Department No. 46627 dated the 31st October, 1983.j (xiii)other particulars which a ~raft town planning scheme may contain 123. Power of State Government to make rules·( 1) The State Government, under Clause (h) of Section 27: . after consultation with the Authority, may make rules to carry out all or any of (xiv) the manner in which and the method by whic.h compensation the purposes of this Act and prescribe forms for any proceedings for which shall be pa.yable under Sub-section (3) of Section 28 · it considers that a form should be provided : (xv) the form of permission to be granted by the Authority under Sub· s V1de Odisha Gazette Part fll·Al4.11.1983 applied to Bhubaneswar Dev. Area. section (1) of Section 32 ; · Off n d er u b • wel 111.1983. (xvi) the qualifications for appointment of Valuation icer u 1. Vlde Notfn. No. 46627/T. P. Essl. 100183-HU0/31.10 1983 section (1) of Section 33 ; f bdividing 2. Vide Notfn. No. 46628-HUD/31 10 1983. (xvii) the procedure to be followed by the Valu~tion ~!fleer or su the town planning scheme under Section 3 , ocALLAW~ ooisHf\ L s. 124] 0 . Development Authorities Act, 1982 259 258 f notice to be served by Valuar ner an d the ' f ) o rm f s 0 u b-S ection (1) . of Section 35 . • 10n (b) in respect of accounts lo be maintained by the Authority; (xviii) the man d r Clause (1 o f otice ta be given by !he Valuati (c) in respect of returns, statements, reports and accounts to be Officer un e d the form o n b-section (3) of Section 35 . on submitted by the Authority to the State Government : nner an ( ) of Su f I t , (xix) the ma der c1ause x . ·nary and the ina own ptanni (d) prescribing and defining the mutual relationship to be observed officer un. hiCh the prehml Sub-section (3) of Section 35 ."9 between the Authority and the local authority in any matter in form in w n under . Off , (xx) the hall be draw . . of the Valuation 1cer, shall b which they are jointly interested : scheme s hich the dec1s1on cerned under Section 37· e (e) in respect of principles, guidelines, planning standards, building (xxi) the form.~a~d to the party c~~ion of a person under Se~tion 51· regulations, conditions and restrictions in ac_cordance with which commune1dure of summa~Y ev1cnder Sub-section (1) of Section 5-.' development may be undertaken or regulated : .. )the proc 1ven u · <' (f) in respect.of authentication of development plans at the time of (xx'.'.. h form of notice to be.g f the draft variation of a town Plannin, (xx111)t e f publication o f Section 53 ; g approval by the State Government and custody thereof and the . ) the manner o ction (2) o procedure for its production before Courts for verification : (xx1v heme under Sub-se. f the draft amendment to regulation sc f ublication o s (g) in respect of calling of tenders, security amount, acceptance of xxv) the manner o ~ (1) of Section 55 ; tenders, issue of work orders, entering into contract, execution ( under Sub-section. claim is to be made by owner of any of w·orks, compromise of claims, and matters ancillary thereto : · h' which any k' f t ')the time wit in. . . • I ffected by the ma iny o a own planning (h) in respect of such other matter in relation to v.hich the Authority (xxv1 ·ght iniunous y a property or n · 65 · shall make enquif.y while considering applications for permission f scheme under Section t excess amount by owner under Sub. to develop; . d for paymen o (xxvii)the peno · 68· (i) in respect of the stages by which the development of any particular section (2) of Sect~on th~ borrowing by the Authority under Sub feature of a zone may be carried out ; (xx111ii) rules for regulati.ng 77· (j) in respect of the local enquiries or other hearing that may be section (9) of Section ~r in which the collections made under made before a development plan is approved ; (xxix) the tim~ and-thef 5ma~-:n 7 s shall be paid to the Authority under (k) in respect of the manner in which State Government land after Sub-section (1) o ec i t' n. transfer to the Authority shall be dealt with ; t' n (4) of that sec 10 • Sub-sec . 10 d th rme at which the annual budget of the Authority (I) in respect of matters relate·d to leasing or hiring out or transfer (XXX) the form 10 an e I · SQ· of any property belonging to the Authority and matter ancillary or shall be prepared under Section ' . . . consequential thereto ; . . which the Authority shall maintain its accounts and (xxx1) the form ind pare annual statement of accounts and balance (m) in respect of the powers to be .exercised and the functions to be r, records an pre . . performed by the members of the Authority including the Chairman sheet under Sub-section (1) of Section 81 , and the Vice-Chairman . .. ) th f ·n and the date on or before which the Authority shall (xxxn e orm 1 . . (4) In making any rule, the State Government may provide that a · 2 prepare its annual report under Section 8 : . breach thereof, shall be punishable with fine which may extend to one thousand ... )th manner in and conditions subject to which the Authority shall ( XXXlllc on e s titute provident fund under Sub-sec t i ' on (1) o fS ec t · i on 83· • r e u x p te e n e d s t a o n r d u i p n e t e h s e t h ev ir e ty n t p o er f t d h a e .y . c ontinuance of the offence, a fine which may (xxxiv) the time at and the manner in which application shall be made 124. Power of the Authority to make regulations-(1) The Authority to the Authority for assessment of development charge ur:ider may, with the previous approval of the State Government, frame regulations Sub-section (1) of Section 86: not inconsistent with this Act or the rules made thereunder for carrying out (xxxv) the po~ers to be exercised, the functions to be performed and all or any of the purposes of this Act and particularly in regard to all matters the procedure to be followed by the Art Commission under Sub· expressly required or allowed by this Act or the rules made thereunder to be section (3) of Section 88; regulated by the Authority. (xxxvi)the time at and the manner in which \he fines realised in connecti?n (2) In particular and without prejudice to the generality of the foregoing with the prosecutions under this Act shall be paid to the AuthonlY power, such regulations may provide for- under Section 112; (i) the summoning and holding of meetings of the Authority, the (xxxvii) the form of no objection certificate under Section 116: time and the place where such meetings are to be held, the (xxxviii) any other matter which has to be, or may be prescribed by conduct of business at such meeting and the number of members rules. · necessary to form a quorum thereat, under Subsection (12) of Section 3 ; (3) The State Government shall have power to make rules- (ii) the salary and allowances and conditions of service of the Secretary (a) in res~ect of conditions on which officers and employees of the and other officers and employees of the Authority under Sub· Authority may be appointed, reduced in rank, suspended, discharged. removed or dismissed ; section (2) of Section 4 - . -- ooISH~ LOCAL LAWS [S. 124 260 s. 1271 0. Development Authorities Act. 1982 261 h t may be paid to the members of th (iii} fees and altowa.nces ~tt:nding its meetings under Sub-sectio~ Advisory Council for (xx) the manner in which . the properties belonging 1o or under the control of the Authority shall be managed ; (5}, of Secti~n 5: olding of rneelings of a Committee constituted (xxi) the manne~ in which approved development plan-shall be accessible (iv) t u h n e d s e u r m S m ec or n 1 0 in n g 6 a • n t d h e h ti . m d e a t t o a f n b ·d u s th in e e p s l s a c a e t s w u h e e h r e m s e u e c ti . h n g m a e n e d ti n th g s to the publrc, under the proviso to Sub-section (2) of Section 115 . are to be held, the con u~sary to form a quorum thereat, undee '((xxii) the principles and guidelines in accordance with which developmen; number of members ne~e . r may be undertaken or regulated.-- · (2) of section 6 , (a) in respect of planning standards li.k~ transit oriented development. Sub-section able to the members of the Committee (v) the fee and allowan~es pajthe Authority) for attending the meeting wetland development. water sensitive planning and design; 0 (b) in respect of urban design and built form guidelines; (other than th.e mem ers rk of the Authority under Sub:sectio of the Committee or any wo n (c) in respect of conditions and restrictions to promote sustainable development and urban transport including street design guidelines (3) of Sectionf 6 :brcalion of the approved development plan under {vi) the manner o pu 1 · an.d to prescribe institutional framework for implementation of Sub-sectioh (1) of Section 13 : . . the same:· and carrying out the functions of the Authority under (vii) the proce du re f or (d) in respect of special conditions and restrictions in accordance Chapter Ill : . with which development may be undertaken or regulated in a (viii) the planning and building standards, under Clause (1} of Sub- development area or in any part of the development area or special section (1) of Section 15 : planning area, as the case may be; I (ix) works for the maintenance. impr?vement and other ~Iterations (xxiii) ariy other matter which has to be or may be prescribed by regulations.] 11-. . r of any building for which perm1ss1on shall n?t be required under (3) Until the Authority is established under this Act, any regulation ,I I ' J Section 15; which may be made under Sub-section (1) or Sub-section (2) may be made ''t1 (x) the form in which application for permission under Sub-section by the .state Government, and any regulation so made may be altered or (1) of section 16 shall be made and, the particulars to be contained rescinded by the Authority Jn exercise of its powers under Sub-section (1). in and the documents to b~ accompanied with such documents; 125. Procedure for making rules and regulations-(1) In making (xi) other matters relating to which the Authority shall make enquiry rules·or regulations under Section 123 or 124, a draft of the same shall be while considering application for permission to develop, under published in the Gazette. ~ Sub-section (3) of Section 16 ; (2) There shall be published with the draft a notice specifying a I ,I (xii) the form in which permission granted under Sub-section (3) of date, being not earlier than fifteen days, on or after which the draft shall be 1 :' ' ' i"' Section 16 shall be contained under Sub-section (5) of Section taken into consideration. ,,· 16; . (3} The State. Government or the Authority, as the case may be, shall ··.· any (xiii) the manner in which order under Sub-section (3) of Section 1~, consider objection or suggestion, if any, that may be received before shall be communicated to the applicant under Subsection (6) of the specified date and make such alterations or modifications as it may Section 16 : deem fit. (xiv) the form in which the applicant shall draw the attention of the · (4) All rules and r·egulations so made shall be published in the Vice-Chairman with regard. to his application to develop under Gazette and shall come into force on the date of su.ch publication. Sub-section (7) of Section 16 ; .126. Canceliation of regulations by the State Government -The (xv) the form in which the Authority shall keep register of applications State Government may, in consultation with the Authority and after previous for permission, under Sub-section ( 11) of Section 16; publication of their intention, rescind any regulations made by the Authority, (xvi) the particulars including informations as to the manner in which and thereupon such regulat.ions shall cease to have effect. applications for permission have been dealt with to be contained 127. Diss9lutions of the Authority-( 1) Where ths State Government in lhe register under Sub-section (12) of Section 16; is satisfied that the purposes for which the Authority was established under (xvii) the terms and conditions subject to which use of any land and this Act have been substantially achieved so as to render the continued building in contravention· of development plan may be continued existence of the ~uthority unnecessary in the opinion of the State Government, under Section 19; . it may, by notific~ltion, declare that the Authority shall be dissolved with effect (xviii) the form in which completion certificate shall be obtained by from sych date as may be specified in the notification and the Authority registered architect or engineer or a person approved by the shall be deemed .to be dissolved accordingly. Authority under Section 20; (2) From the said date- (xix) the reg.ulations in accordance with which dispos.al of land or (a) all properties, funds and dues which are vested in or are realisable properties shall be done by the Authority under Section 76: by the Authority, shall vest in or be realisable by the State Government; 1 · Subs. vide 0.GE. No. 1427, DI. 0610.2015 .r • ODISHA LOCAL LAWS [S. 128 s. 128) 0. Development Authorities Act, 1982 263 262 (b) all liabilities which are enforcea ble against t . h e Authority shall a 2 n 3 d o f C 1 h 9 a 5 p 0 t ) e o r r X a V n I y I o ru f l t e h s e . b O y d e i - s l h a a w s M o u r n r i e c g ip u a la l A tio c n t, s 1 m 9 a 5 d 0 e ( O th d e i r s e h u a n A de ct r be enforceable against the State Government. . in force at the relevant point of time or any orders made or permission c) for the purpose of carrying out any development which has ~at ( granted in respect thereof within the whole or part of development f .. d t by the Authority and for the purpose of releasing 11 area and to which the provisions of Clause (b) do not apply. been ut. Yc afmed ouand dues referred to in Clause (a) the function proper 1es, un s St t G · · shall be deemed to be a development undertaken, carried out or f the Authority shall be discharged by the a e overnment. completed without a permission as referred to in Section 15;) 128~ Repeal and savings-(1) As from the date of the constitution.of. (c) all debts. obligations and liabilities incurred, all contracts entered the Authority- into, all matters and things engaged to be done by, with or for ( a) the Odisha Town Planning and Improvement Trust Act, 1956 (Odisha the existing Planning Authority shall- Act 10 of 1957) and Sections, 247 to 251 and Chapter XVII.of . (i) in respect of a development area be deemed to have been Odisha Municipal Act, 1950 (Odis ha Act 23 of 1950) shall. ce11s·e incurred entered into or engaged to be done by, with or for the to have effect within the area under the jurisdiction of the Authority'; concerned Authority; (b) the Improvement Trusts and Special Planning Authorities (hereinafter (ii) in respect ·of' area or areas other than a development area be · referred to as existing Planning Authorities) constituted under· deemed to have been incurred, entered into or engaged to be the provisions of the said Act in respect of the whole or part of done by, with or for the Planning Authority or Authorities that the area under the jurisdiction of the Authority shall stand dissolved. may be constituted by the State Government for such area or I (2) Notwithstanding the provisions of Sub-section (1 )- areas under the provisi6ns of the Odlsha Town Planning and l v (a) such officer or other employee serving under the existing Planning Improvement Trust Act, 1956 (Odisha Act 10 of 1957): . · . ~ I. ' I Authority immediately before the date of the constitution of the (d) all properties, movable and immovable, vested in, and all rents, ~ r Authority as the State Government may decide shall, on and from fees and other sums due to the existing Planning, Authority shall- I ' I such date. be transferred to and become an officer or other employee· (i) in respect of a development area vested in or be due to the I of the concerned Authority with such designations as the concerned Authority. Authority may determine and shall hold office by the same tenure, (ii) in respect of area or areas other than a development area at the same remuneration and on the same terms and conditions vested in or be due to the Planning Authority or Authorities of service as he would have held the same, if the existing Planning that may be constituted by the State Government for such area Authority had not been dissolved and shall continue to do so or areas under the provisions of Odisha Town Planning and unless and until such tenure, remunerations and the terms and Improvement Trust Act, 1956 (Odisha Act 10 of 1957) .in such conditions are duly altered by the Authority : manner and in such proportions as may be determined by Provided that any service rendered by any such officer or other such the State Government; employee before the dissolution of the existing Planning Authority shall be (e) all suits, prosecutions and legal proceedings instituted or which deemed to be the service rendered under the concerned Authority : might have been instituted by, for or against the existing Planning . Provided further that the concerned Authority may employ any such Authority, shall- . officer or other employee in the discharge of !:ouch functions under this Act (i) in respect of0a development area may be. continued or instituted as it may think proper and every such officer or other employee shall discharge by, for or against the concerned Authority; those functions accordingly- · (ii) in respect of areas other than a development area may be (b) anything done or any action taken (including any appointment, continued or instituted by, for or against the Planning Authority delegation, notification, order, scheme, permission, rule, byelaw, or Authorities that may be constituted by the State Government regulation or form made, granted or Issued) under the Odisha for such area or areas under the provisions, of the Odisha Town Planning and Improvement Trust Act. 1956 (Odisha Act 10 Town Planning and Improvement Trust Act, 1956 (Odisha Acf of 1957) and. Sections 247 to 251 and Chapter XVII of Odisha 10of1957). Municipal Act. 1950 (Odisha Act 23 of 1950) in respect of whole CASE LAW: or part of a development area, shall so far as it Is not inconsistent Sec. 128-The Odishe Towrf Planning and Improvement Trust Act, 1956 has with the provisions of this Act, continue to be in force and be been repealed-By virtue of Section 128 no substitution or fresh notice is necessary deemed to have done or taken under the provisions of this Act as the proceedings are to be continued and omcers have been transferred-1986 unless and until ii is superseded by anything done or any action (II) OLR (NOC) 32. taken under the said provisions;

'((b-1) Any work or construction or reconstruction of building undertaken aaa carried out or completed in contravention of Sections 24 7 to 251 1. Inserted vide Odisha Art No. 4 of 1985-w.e.f. 15.12.1984.