Bare ActsThe Himachal Pradesh Town and Country Planning Act, 1977

Section 7

Amendment status not verified — confirm the current text below against the official source.

The regional plan shall indicate the manner in which land in the region should be used, the phasing of development, the net work of communications and transport, the proposals for conservation and development of natural resources, and in particular :- * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act 2013 (Act No.41 of 2013) Establishment of Regions Director to prepare regional plan Contents of regional plan Survey 11 (a) allocation of land to such purposes as residential, industrial, agricultural or as forests or for mineral exploitation; (b) reservation of open spaces for recreational purposes, gardens, tree belts, and animal sanctuaries; (c) access or development of transport and communication facilities such as roads, railways, water ways, and the allocation and development of airports; (d) requirements and suggestions for development of public utilities such as water supply, drainage and electricity; (e) allocation of areas to be developed as “Special Areas” wherein new towns, townships, large industrial estates or any other type of large development projects may be established; (f) landscaping and the preservation of areas in their natural state; (g) measures relating to the prevention of erosion, including rejuvenation of forest areas; (h) proposals relating to irrigation, water supply or flood control works. 8.(1) After preparation of the existing land use map, the Director shall cause to be prepared a draft regional plan and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than sixty days from the publication of the notice. Such notice shall specify in regard to the draft plan the following particulars, namely:- (a) the existing land use map and the narrative report thereon; (b) a narrative report supported by necessary map and charts explaining the provisions of the draft plan; (c) a notice indicating the priorities assigned to works included in the draft plan and the phasing of the program of development as such; (d) a notice on the role being assigned to different departments of Government the Town and Country Development Authorities, the Special Area Development Authorities, and the Local Authorities in the enforcement and implementation of draft plan. (2) The Director shall consider all the objections and suggestions received by him within the period specified in the notice under sub-section (1) and shall, after giving a reasonable opportunity to all persons affected thereby of being heard, prepare the regional plan containing such modifications, if any, as he considers necessary and submit it to the State Government for approval together with all connected documents, plans, maps and charts. 9.(1) The State Government may approve the draft regional plan submitted under section 8 with or without modification or reject or return the same to the Director for reconsideration. (2) Immediately after the draft regional plan is approved under sub- section (1) the State Government shall publish in such manner, as may be prescribed, a notice stating that the regional plan has been approved and mentioning a place where a copy of the plan may be inspected at all reasonable hours and shall specify therein a date on which the regional plan shall come into operation: Preparation of regional plans Finalisation of regional plan. 12 Provided that where the State Government approves the draft regional plan with modifications, it shall not be published, unless the State Government having published s u c h modifications in the Official Gazette along with a notice inviting objections and suggestions thereon, within a period of not less than thirty days from the date of publication of such notice have considered the objections and suggestions after giving a reasonable opportunity of being heard to persons affected thereby. 10.(1)Notwithstanding anything contained in any other law for the time being in force, on or after the date of publication of the draft regional plan no person, authority, department of government or any other person shall change the use of land for any purpose other than agriculture, or carry out any development in respect of any land contrary to the provisions of the draft plan, without the prior approval of the Director or any officer next to him authorized by the Director, in this behalf. (2) Notwithstanding anything contained in any law for the time being in force, the permission referred to in sub-section (1) shall not be granted otherwise than in conformity with the provision of the draft or final plan and no permission, if granted, shall be construed to confer any legal right whatsoever on the person seeking the permission. (3) If any work is carried out in contravention of the provisions of this section, the Municipal Corporation, Municipal Council or Nagar Panchayat within its such local area, and the Collector in area outside such local areas may cause such work to be removed or demolished at the cost of the defaulter, which shall be recovered from him in the same manner as an arrear of land revenue: Provided that no action shall be taken under this sub-section unless the person concerned is given a reasonable opportunity of being heard and a notice calling upon him to remove or demolish the work within a time specified therein. (4) Any person aggrieved by the order of the Municipal Corporation, *Municipal Council or Nagar Panchayat or Collector, as the case may be, calling upon to remove or demolish the work may prefer an appeal to the Director within fifteen days of the receipt of the notice under sub-section (3) and the order of the director in such appeal shall be final.

Section 7 – The Himachal Pradesh Town and Country Planning Act, 1977 | DailyLaw.ai