Bihar Regional Area Devlopment Authority Act 1974

1. Assented to by tt,e !;'resident or. 23-0"1-1982 and published rn Brha; Gazette (ext- 4 ord.) dated 25-1-1982.

!P~P61f O ~ uhce !Bu[iatr L9J®gJU©)h1~~ lO.>®~J®~[»Lc»mrut~u r~ ~~ ~!lu@rrnillJ !0\~)19 ti 9)14), [BIHAR ACT 40 or "1982]1 An Act to provide for the Dovelopmeni of various teqions of tne Stm'o of Bihar according to plan end for matters ancillary thereto.

Be it enacted by the Legislature of the State of Bihar in- the twenty-eighth year of the Republic of India as follows:

CHAPTER i PRELIMINARY

1. Short tit;e and commcncement.-(1) This Act may be called the Bihar Regional Development Authority Act, 19111.

(2) It shall come into force on such dale and in such areas as the State Government may, by notification in the official Gazette, appoint.

Comments and case-law [Comments.-The Bihar Regional Development Authority Ordinance, 1974 (no.175 of 1974) was prornulqated on 19-9-1974. By successive ordinances ii was kept alive and finall; converted into ihe present Ac1 of 1982. The list of Or­ dinances after 175 of 1974 is as follows:

33 of 1975; 92 of 1975; 126 of 1975; 128 or 1975; 59 of 1976; ·129 of 1976:

187 of 1976; 40 of 1977· 98 of 1977; 162 ot 1977: 207 of 1877; 255 of HJ77: 3.3 of 1978, 98 of 1978; 38 of 1979; 86 of 1979: 113 of 1979; 2 of ·1980; 95 of "1980:

116 of 1980; 10 of 1981; 120 of i981; 191 of 193-1 and Act 40 oi 1982.

The Act is not the replica of its predecessor ordinances, rather soma changes in some sections were introduced while converting it into an Act.

A significant controversy seems to be there in the assignment of 'year' to this Act. While the heading carries the year '1974: in section 1 (1) year '1981' has been assigned.

The text ot this P.c1 (40 of ·1982) was published in the Bihar Gazette .only in HindL However, tho 1 ,ublishing of substantial portion of the Act in English in this Book could be ·ren0~red possible by comparing the text of the Act in Hindi with the text .m Hindi of earlier Ordinances and taking the English text of the Ordinances (the Ordina ces appeared in both English and Hindi) where the two Hindi texts taliied exactly 01 where very minor translation was involved.

Tho purpose of ih" Ac! is. to plan the town anti thus to keep industrial ar­ eas away from the residential or commercial areas. Swastik Rubber Products l.td. 11.. Municipst Corp, stion, AIR 1981 SC 2022.

A statute providing remedy of appeal only against some decisions of the Town Planning Officer, cannot be held to be discriminative for that reason Pralmsh Amichend Shah vs. State of Gujrat, AIR 1986 SC 468: ("1986) sec

581.

The scope and authority or a precedent should never be expanded unnec­ essarily beyo ,d the needs of a given situation. ibid.

The eitc;ct ot non-performance of G dutv imposed by a statute in the man ner prescrioed by the statute is not discovered by a simple answer to the ques tion wheiher he provision is mandatory or directory. BX. Srinivasan vs. State ot :;arnataka, (HJ87} I sec 658.

Where two or more laws operate in the same field each containing a non­ oostente clause stating that its provisions will override those of any o her law, the conuict has to be decided with reference to tt,e object and purpose or the :aw.cs. Where the newly enacted Act, is made nugatory on account ot the orovi­ sons of the earlier Act, the newly introduced Act will provaii. Md. Yunus vs. Bibi Phenlcani, 1987 PLJR 65:1986 BBCJ 736.

Iho restrictions contained in this Act with rsqard to erection of buildings are mandatory in character. A complete embargo is 'put on the authorities to grant sanction except in accordance with the "Master Plan". Doman Paswan vs. State of 9ihar, 1983 PUR 968. . . .

Laws imposing taxes can amount lo restrictions on trade, commerce and hi­ tar-State ;ntercqurse, if their imposition hampers the free flow o: trade and these are not what cart be termed lo be compensatory taxes or regulatory measure.

West BP.ngal Hosiery Association vs. State of Bihar, 1988 PLJR (SC) 96.

A proviso should not provide beyond the field covered by the substantive provision. t, the proviso does so, if must be read down. State of Punjab vs.

r-<ailash Nmh, {1989) i sec .321.

Provisions of Bihar Land Ceiling Ad are also applicable lo agricuaural land, situate within limits of a Municipality or a Notified Are2. CommiHee. Ram Chandra Singh vs. Sub-Divisionn! -Otticer, ·1989 PLJR. ·i 03.

Blacltlisting .any person 'ln respect of business ventures has civil conse­ quence for the future business ot 1he person concerned in any event. Even if the rules do not express. so, it is an elementary principle. o~ natural justice that µ:~rties adversely affected by any order should have the right of being heard and making representation against the order relating to blacklisting, Raghunath Thakw v. .srate of Blher, {1989) 1 sec 229. also see Erusian Equipment end Chemicals Ltd. vs. State of WB., (1975) I 'sec 70. · ?avemen'1 stalls creating conqestion and inconvenience can be removed fol­ ;owing procedure prescribed by law. Municipal authorities have no !egal obliga­ tion to pro~ide the pavement squatters alternative shops for their rehabilitation.

Munic1;oal Corporation of Delhi vs. Gumam Kaur (1989) I sec ·101.

The issuance ot the draft notification proposing to P.;cch2de certain areas from the territorial limits of the Municipal Corporation or Authority cannot eifeci the exclusion of those areas.' The issue. oi final notification to that effect is nec­ essary te bring abou; their exclusion. Services Housing co-operative Society Ltd.

VR. State of Bihar, i99'j ('i) PUR 2i. .

If the procedure laid down in the Ad, laying down the mode of giving no­ tice to the owner or occupier of the building· to [umish certain particulars of the building are not followed by the concerned Au1ho,iiy, ths .suosequent proceedinqs may be held to have become vitiated . Services Housing Co-operative Society Ltd. vs. Stale of Blhsr, '1990 (2) PLJR 832 (FB) . • Bihar Regional Development Auihority Act, 1974 ,., l ~ J • If ·thP.re is a bonafide dispute 'regnrdirig the. tills of tno State Govcmmen, ·any property, the State Government r .. ~not tako an unilateral decision in its o favour that the disputed ,;xoper!y belongs to it. Suah a dispute must be w::fj~1 cated upon by the ordinary course of law. Sm!' Hekhe Singh vs. State of eih . ·1992 (2) PLJR 854.

A _doclar i:on o1 law ,is binding on all concerned whether a person ts pa to that proceec ing or not. Bihar Chamber or Testing Stations vs. Steto of Biil 1993 {1) PLJ 164.

A legislative Act will not be held to be uli,a vires for want ol' valid expm guidance given in that regard, if there are any inbuilt safeguards therelor in i Act itself. Builders Association ot India vs. State of Bihar, 1992 ("I) PLJR I {~ Practice adopted ;n the past cannot override Zhe statute and staiutory re<.:

tations. B.RS.T.E.vs. State of Biner, 1993 (1) PLJR 352.

Courts must endeavour to harmonise different provisions of Hie same ,c and where two interpretations arc equally possible, prefer an intcrpretaiion whi will leaO: to i1mmonious construction rather than one that will result 1:~ incense ency o- make , provision. redundant. Mosst. Pomlo vs. Hirata/ IV/ahto, · 982 :

PLJP 858.

There is urgent need for taking effective steps tor ensuring prevention descretion or damage to monuments of historical and archaeoloqlca' importarc Courts are competent to give directions for shiting industrial units for effeciuati1 this purpose. Surondra Kumar Singh vs. State of Bihar, i 99·1 {2) PLJR ""i·1 iS( Authorities are bound by the procedures laid down by them. Unless !"le pr cedure laid cown is, complied· with the order passed :n violation thoreo: would I subject to judicial review. Rajdeo Pissed vs. State of Bihar, 1990 (2) PLJR 20 A Corporation may be "State" within the meaning of Article 12 of ,he Co stitution being an instrumentality of State, but an agreement entered into I such Corporation cannot be termed as an aqreoment ·by .the State so as to < tract Article 29!) ot the Constitution. Usha Breece Ltd. vs. State or Bihw; 191

(1) PLJ1 183 Auction Purchaser of land or building through open auction bid -csnnot :

equated with allortes under Hire Purchase Scheme of the State GovemMer( any Housing Authority. Rajendra Prssed. Singh vs. State, "i 993 (t J PLJR 36i The Act 'las been enacted to provide for the development of various r gions of the State of Bihar. By reason .of the regulatory measures provided the Act and iis Bye-Laws, .the right of an individual to ul~ise his privaiely owrn land in 'any manner he may choose has been ·sornewt~t rsstricted, Uma Sh.va Parivar Trust v:: State of 81har. 1990 (t) PLJR 503.

Development Authority may adopt the mode oS draw of lots jor makinq , lotme·1t of plots of land to applicants, where number of applicants is much mo than the available number of plots of land or housing units. Whern such allc ments are mac" from time to time continuously, there is nothinq unfair in 11· Authority asking to· payment at the rate prevailing at the lime or altotrnent, wi option to the .., llottee to accept or decline the offer. ODA vs. PK. Jeir; 19f Supp. (3). sec 494. .

A Statutorv Authority has no power to review an order, unless the ;:iower review has been conferred upon i1 expressly or by necessary implicalion. HO\ ever all Statu1o. '·' .,..ribunals have. power or procedural review. Bigna Ram vs. Sta nf Rih~r "'~% l1' PLJR 502.

Bir1ar Regional Developrnent Authority Act. 1974 Sec: 1 ] · · ..

{ j ) {('lq,

(ii) ~~-q-~ (ii,) <t~l<.I~,

(iv) D.6tGct·l (~ ..:~PIT~).

( V) tcc•IS .il1l 3l("{' (?ell$ ~, (VI) fq'l\tf ~ -~ ~:l~ ·fus,

(e) Tha Principle of natural justice as a part of procedural law has ocen c1p piied and extended to quasi-judicial proceedings and administrative matters to ensure that no one is adversely affected without reasonable opportunity and fair :,eating. No order can be passed without hearing a person lf it entails civil con sequences, UP. Aw.;,s Eva.m Vikash 03rishad v!:. Gyan Devi, (1995) 2 sec 326.

fliialafide.-A plea of malatide must be clearly alleged· and stnctly proved.

A- finding of rnalatido cannot be. recorded on vague allegations unsupported by cogent materials. R. B.A.G G.f I.C.S. ltd vs Steto of Biher, 1995 (1) PLJR

164.

Legitimate Expcctation.c,-..Fair procedure and just treatment ir, the core. of !r.dian Jurisprudence. The principle ot 'legitimate expectations' applies where a person having no enforceable rights is ynt affected or is likely to be afrncted by order passed by Public Authority, U.P. Awas Evam vikest: Perisned vs. Gyen D,9vt; ("1995) 2 sec 326.

Taxing Statutes.-Ta)(ing Statutes are lo be strictly construed. If the subject rnal' er of tax does not fall within the plain language of the taxinq provision, no ax an be imposed. Puri Munfcipa( Council vs. Indian Tobacco Co. l.td., (i996) 1 sec 293.J

2. Ud'ini~ions.-ln this Act unless the context otherwise requircs:-

(a) 'amenity' includes road, water-supply, street lighting, drainage, sew­ erage, public works, housing, play-fields, parke, educational; com­ munity rind recreational facilities and such other convenience as the s;nte Government may, by notification in the official Gazette.

sp0cifv 10 be an amenity for the purposes of !his Act;

(b) 'Authority' means the Flegionnl Development Authoritv constituted under section 3 of the Act;

(c) 'buildinr!' includes any structure or part of a structure which rs in­ tended to be used for residential. industrial, commercial or other purposes whether in actual use or not, and compound wall or fenc­ ing thereof;

(d) 'bi, lding operation includes erection or re-erection or a building, or anv part thereof, roofing or re-roofing of any part of a· building, or or any open space, any material <literation or enlarqernent of a buudinq, any such alteration 01 a building as rs likely to affect an alteration of its drainages or sanitary arrangements or materially af­ feet its security, or the construction of a door openinq on any street or lr:nd not belonging to the owner. .

,, ·· ~··, ~~~4 ~...........;i, -- -, ~ f' r .,.,. '·.;\IC"I•• -;.Cf1-;011u1 ~ "'11~14'! ti <.l-1~1<-:1 <TI' '<"'1!<•;1 \.f'ffl' <.'>I~ fl -ICt 01 .ii '1i->1f\"if.tirn ~~·an~ ~w-, 31~~. ~ ~ ·~ ~~ ~~:.;sit- [ Sec. ? Bihar Regional Development Authority Act, 1911 ,~ ]

(vii)~ ~~I ~ mrr f:rfl ~ ~ ~ w:r -q' it~ ~ ~Ii ~. ~;u~, f~ -.;ir ~ ~~<h" "1r<.1'1 ~ ~ ~:rii' · a:i-mli-6f'1f <fi" ajt~ '3«n ~ q;- ~rJ t.clr mf<m m1 ~<l:11.st.d<~(U! ~ "<t f.ma;{Uf ~ ~- ~ ~ ~ ~ YiI<'if i° fu ~ ~ .:w.f ·J; -~i'f ·f.f::;r~ c8" l[f,.;p::rriJf aj ~ ~;- ( i) ~ cfil G~ff ii, Tic., t"ll,r1, ~, ~1 ~. fc;i_\'11 T~~- cJ>l~/t;

H!?.~, ~f ~~~ii-~ V,Fli1Jur <fil ~14~{ ~ ~1;;:rraj •. ,i:l.;i ~~,. :-1-1rr c ii) ~ ~ Tim c;;'l· r..'Vff ii ~1 ~-. -r:? ~ <IT ~- :;-iH~ .( ~J~1A¥i-1) ~ <m~ fm:tITT' r

(f) 'Chairman' means the Chairman of the Authority;

(g) 'development' with its qramrnaticat variations means the carrying rn or building, engineering, mining or other operations in or over or 11r der land or the mal<ing of any material change in any building c land anr' includes re-dovelopment and layout and subdivision c any land and 'to develop' shall be construed accordingly;

· (11) 'Development Area' moans any area declared to be developrnon area undor sub-section('1) of section 8;

(i) 'engineering .operations' include the formation or layin!=! out of streo or road or means of access to a road or the laying out of 'T'eam of water-supply, drainage, electricity, gas, transportation and othet public L'lility services; ·

(j) 'Master Plan' means the plan prepared by the Authority under sec­ tions 17 and -1 a;

(!<) 'Khas Mahal land' means land vested in 1he State of B1har;

( 1) ''I.~' w: ·?i ~ *· ;,m- ~m ~ m~ ~ m ,_r-;:1 ~ mer ~ '1~,::\1 ~-!f!. <i, -::mil' 11llTllf w:1· -?i- ~ u cffi'.l<l-'lf. ·« ~ ~ ~fi:l("'[ ih (m} 'Local Authority' means any IVlunicipal Corporation, 'i local body constituted under Bihar and Orissa Municipal /,\ct, 1992 (B. g O.Act VII of -1922) or Panchayat established under the "[Blhar Panchavrti Raj Act (Bihar Act \/II of 194-8} or any such local body constituted in any region to which this .Act applies;

(n) 'means of access' includes· any road or means. of access. whether private or publice, for vehicles or pedestrians.:

(o) 'Regulation' means a regulation made under this Act by the Re­ gional Development Authority constituted under section 3;

(p) 'Rule' means a rule made under this· Act bv Stc1te Government:

(q) 'Region' means any area declared as such under sub-sect'on (2) o/· section 1 or suo-eectiorut) of section 8; · (I) Regional Plan' means the plans prepared by the Authorily under section 16, ts) ~ ce-Chamnan' means the Vice-Chairman of the Authority;

ZDna' rocans arrt cne -Of the dw.ions in which the Development Area ma, t..:::. .:dad for the purpose of development under this Act:

Bihar Reqional Development Authority Act. 1974 Sec. 2 ] • C~iA?T~f3 ~J THE REGIONAL Dt:\/ELOPMENT AUTHORITY ll.NO ITS OBJECT :_:,;, \~t::fJO~ila, O:av;;i!o;p1111tenft foiwRhor1H!JJ.-(1) The SI.ate Govemmer' shall, at' any time attsr U ,. commencement of ihis Act, oy notitication in ihe o1ficia, Ga­ zotte, constitute ror the purposes of this Ad, an Authority to be cal.ed us :=le· g'or.al Dcvelopm ·1t Aulhority bearing the name o, that Regim~.

{2) The Autharily shall be a body corporate by the '1foresz.id nano, shat nave pe1peil.18l succession anti a common sen! with power lo enter inio contract and to accuire, hdd and dispose of propen:y both movable and immovable- and shail by the s.c,id name sue ar.d _be sued.

(31 The A.uiho,·ity shall consist of the following members, namely;--

(a) a Chairman, who shall be the rVJinister of ~ne Urban Development Department of ths Staie of Bihar or any person nominated by the Slate Government and his ·:enure shall b~ generally of ~hrea years:

(b; \/ir,0 ~hairrnan, ·10 be appointee by the State Government;

(c) a planning Member wilO shaH be U1e Chief Town Planner, Bihc.r, or his nominee not below the rank or Assistant ·rcwn Planner (Ex­ oiticio}:

· ( d ) ~Tii~ ·wfu\~l(f i1' ~~~ o!l'R ~if'<X ~4¥ ~ ·x-4~~~ o1i ~r,;r ~ '?~I !l!fuf.rfui m?i ~ 3l1JZ!ey; i:;:--<1, ~ ~- m 3':f~T'«<f "1'1-;-;,rftr ~ 1 ~ *( ~ ~,:;yr "lf.Tff, "-iT{ ~ ~ GfU ~ ·f.f'~ f'~ ~;

(G) two other persons to be nominated by the State Government of whom one shall be a person of administrative or technical experi­ ence and the other shall be a social scientist:

(f) Adrni11istraior/Chiei i=J(ElCutive Officer of fhe rJlunicipal Corporation or Enecuiive Officer/Spoclal Officer ol the fVlunicipality scuated at the Headquarters of tho Reagional Development Authority;

(g) Chairman, Bihar State Housing. Board or his nominee who shot.Id not b-1 below the rank of 'Elcecutive Engineer (Ex-officio);

(h) r~o· more than three members of the Bihar Leglslature of tho Re­ gior:ai DevelopmentArea nominated by the State Govemment;

(u) 'Zonal Development Plan' means the plans prepared t.y the Author­ ity under section 19;

M 'Urban Area' means the standard urban area as defined in the Cen­ sus Act, 1948 (Act 37 of 1948) Comments ll.: ~c-law [Bui!din9 means a rootsd structure. Mere construcuon of walls docs not consrn:.rte a building. Sewai tat l(ha.nfla v. State. 1930 BLJR 489.

T!1G expression "lo erect or re-erect" m relation to any building includes ·a-:e reconstrucuon of lhe whole or any part of the external wails of the b~1ilding. Akin Nandi vs. State, 1964 BLJR 520.

Areas included in the "Green Belt" according to Master Plan prepared for the· region ha v go'! to be kept as such ':le treated as vacant lard within the r •• ~aning of. the provisions or section :2(0) (i) Doman Paswan 11. State o: Binsr, ~ £~::! P1-JR 963.]

[ Sec. 3 Bihar Regional Dovelopmont Au!hority Act, 197'1 G •

(i) Collector or Deputy Development Commissionsr-curn-Chiet E:.1cec• tivs Officer of the district, to be nominated by the State Goiter meat (Ex-officio);

0) Chief Er.gineer, Public Health Engineering Department or his nom nee noi below tho rank of Executive Engineer (Ex-otiicio};

(k) Chief EngineE!r, Public Works Department or his rommee not beloi the rank ot Executive Engineer (Ex-officio); , (I). Secretary, Urban Development Department or his nominee net be 1ow !he ran« of Deputy Secretary (Ex-officio).

(4) The Vice Chairman shall be a whole-time Government servant

(5) The Vice-Chairman shall be entitled lo receive from the funds of the t'.\L thori1y such salaries and such allowances, if any and governed by such c.,-;ndi tions of service ~s may be determined -by rules made in this 0ehall.

(6) Other members specitied in clauses (d}, (e) and (h) of sub-section (3 may be paid from the l'unds of the Authoriiy such allowances, if any; as may b1 fixed by the State Government in this behalf.

(7) The Chairman, if he is a person nominated by the Stats Governrnen under clause (a) or sub-section (3) of section 3: and the Vice-Chairman shal hold office during ''h:a pleasure or the Slate Government.

(8) Members reterred to under clauses (d), (e) and (f) shall hold office for c term of three years from the date of their nomination to the Auihority:-

Provided that such term shall come to an end as soon as the rnernbei ceases to be a member of th::; body from which he was nominated.

(9) A member other than an Ex-officio Member may resign f1is officG b~ writing. under his hand addressed to the State Government but shall continue ir o'fice until his resignation is accepted by that Government.

(10)_.No act or proceedings of the Authority shall be invalid by reason of 1h<:

existence of any vacancy in defect in or the constitution of the l-\uthori1y.

Comrnenlls sinci caise-Jaw [The State Government has the choice in the matter of nomination oi Chair­ man, either to noromata the Minister-in-charge himself or any olher person, orcli­ harily tor a term of three years, at the time or constituting a Regional Develop­ . men! .Authority. Once this choice or option has bean exercised, the power under • sub-section {2) (a) .o: section 3 is exhausted and cannot be re-sxerciseo. The Chairman's appointment cannot ·be cancelled by e}cercising the power conferred by section 3 (7). The Chairman cannot be removed from office before the expiry of the term except Linder the provisions of section 5. R.P Raja vs. Si"ai·e of Bihar, 1987 PLJR 275.

The doctrine of "pleasure" is merely an empowering one. The exorcise or "ptaasure" under Article 310 of the Constitution can only be made. in the manner indicated in Article 3i 1 ofr<neConstitution and not otherwise. The doctrine of "pleasure" being .a serv.ce concept, the "pleasure" theory cannot apply to a Chairman o1 a rlegional D~lopment Authority. ibid.

:-he Chairman of~- egional Development Authority is not an employee . working for. salary. The C airman is a statutory authority created by ihe statute and can in no manner b described as a Government servant or an emp!oyee of ~n\/&;ill"nn-'lc.:Jn~ Tho rfnrtri .o nf 11nl.o?ic., n-c," ,omhn.rfiorl ;n 1\,-\l'i...-.lc t:,·~ n ,-...f ·~h'"" r> r-v ....,r-~;:.,.

Bilcar Regional Development Authority ~.ct, 1974 Sec. 3 ] .tl~u·,~tir,n ir .-. ..... , ........ ...J .... r-4 - •• · •

(2) P. person shall nor be disqualified under clause (c) of sub-section (1) or t:3 deemed to h. •ve any share or interest in any incorporated company which hc:s any snare or interest in any contract or employment wilh by or on behalf of ihe Authority by r•~ason only of his being a shareholder ot such company :

Provided· ~h, . .: such person discloses to the Govarnmeni thH nature and e::-::mt or the share hold by him, .

;~ .. f-:eJTi0~1.ml of the member.-(1) The Government may. b-.; notihcation, re­ move any member from office-

(a) i, he has. withoui the permission of tne /\ui horit y. boon absent fio, n more 'han three consecutive meetings of the Authority, or (bl if he. being a legal practitioner. acts or appears on behalr o; any p,:..-son other than the Authority in any Civil, Criminal or other legal procc~eding in wllich the Authority is interosted, either as ~ 'party or otherwise. or

(c) ir ,,., has, in t:,e opinion of Hie Government, contravened the provi­ siorr of section JO. or

(d) if he in Hie opinion of ihe Government. had become physically or memally unable to act as a member :

Provided thai when the Government proposes to take action under sub-soc­ tier: {1) an opportunity of explanation shall be given to the member concerned, and no such action shall be taken except after· taking into consideration his ex- ,. ..

tion is a serv1 . .__ concept. There is 111Jth1ng rn tne Constitulion provioinq for the extension of t lor.trine of "pleasure•· to non sorvice person ibid. · The Stai ... Legislature has no authority to leg1slaie en the "nleasuro" oi thr-> '3ovemor al a State. Sub-section Cl) of section 3. in so tar as :1 is made appli­ cable , the case of a Chairman of a Fleg1onal lJevelopmenl Authority ,s ultra vtres. 1: ihe }Owers conferred 'by provisions of section 3 (7) are not controlled by secnon 'i, .hoy will be hif by Article 1L! of the Constitution of India, as confer ring arbitrcry, unguided, uncanalised and unbridled newer on the Slc1te Govern­ r,;:.,.,nt. 1i1id. · J r. 1Ji;;,cj••.iU.icaa:on for a:opointlr,enl of a member ci lhe Authority. (1) A person shall be disqualified tor boing appointed as and for being 2, member oi •he Authority if hG- {a) has been convicted by a Criminal Court foi offence involving moral turpitude, unless such conviction has been set aside:

{b) is en applicant io be·adjudicated a bankrupt or insolvent, or is an unceriificated bankrupt or undischarged insolvent; .

(c) has. dlrecttv or indirectly. by himself or by any partner employer or employee any share or interest, any contract or employment with, by Of on beha!f of the Auihority ;

(d) iG a directer, or a secretary, or a manager or other salaried officer of a;,y incorporated company which has any share or interest in any contract or employment wltn, oy, or on behalf of. the .A.ui11oritJ1 : or

(e) it, of unsound mind.

f Secs 4-S Bih"'r Re11ional Development Authority Act 1974 8 j Comments 8: case-law [The State C:: vemrnent has \he choice in the matter of nominaticn of Chair man. either to nominate the Minister-in-charge himself or any other: person, ordi narily for a term of three years, at the time of constituting a Regional Develop ment Authority. Onr.e thls choice or option has-been exercised, the power unoo sub-section (2) {a) of section 3 is exhausted and cannot be re-exercised. Thi Chairman's appoin rnent cannot be cancelled by exercising the power ccnrerrer by section 3(7). The Chairman cannot be removed from office before the eJ(i)i'"'.

of ihe 1crm except under the provisions of section 5. R. P Raja vs. Staie o Biher, 1987 PL.JR. 275.

The doctrine )f · pleasure" 1s merely an empowering one. The exercise of "Pleasure" under Article 310 of the Constitution can only be made- in the mannei indicated 1n Article 311 of the Constitution and not otherwise. The doctrine ol "Pleasure" being a service concept, the "pleasure'. theory cannot apply to a Chairman of a Regional Development Authority. ibid.]

., ....!.-- G. Staff of the Authority.-(1) The Authority shal! have a Secretary, 10 bP­ appointed by the State Government; who shall exercise such powers and per­ form such duties as may be prescribed by regulcJtions or delegated· to them by the Authority, or the Chairman.

(2) The Authority may, subject to such control and restriction as may be prescribed by rules approved by Government appoint such number of other ofi'ic­ ers and employees {including experts for technical work such as Economic Plan­ ner. Transportation Planner, Health and Education Planner, Data Information Sys­ tem Planner) as may. be necessary for the efficient performance ot its functions and may determine their designation and grades.,

(3) The Secretary, and other officers and employees of the Authority si1all be entitled to receive from the runds of the Authority such salaries and such al­ lowances if any, and shall be go'lerned by such conditions of service as m~ be determined by regulations : · Prov1ded that appointments to posts with minimum salary of HS. 500 shall be made on the advice of the Bihar Public Service Commission. The Authoritv may appoint a person on any post carrying salary above Rs. 500 after approval of tho State Government and the total period of such appointment shall in :10 case exceed six months.

(4) The Authonty may appoint a consultant on hire to assist in pli,nning and other tasks, provided that in case a consultation fee exceeds rupees five thou­ sand tor a consultant prior approval of State Government shall be necessary.

Comments ll-t case-law · [Where the statutory rules lay -down the requirement of approval of Public Service Commission, it is necessary to follow it. The State Government can cli­ rect to terminate (u/s 65) the contract of service where the appointment was made in violation of the above requirement, The High Court will not interfere in such a case. Parbhat Kumar Mukherjee v State of Bihar, 1969 PLJR 56 (SC).

Section 6 (3) of the Act only empowers tho Authority to .appoint the Sacre-

(2) 1-, member removed under the foregoing provision sh:.ill not he eligihk.i fc re-election or re-: nomination 3ihai- Regional Development Authority Act, 1974 -Sec. 6 ] "SO is onli a breathi!lg elbow power given to the Authority to make temporary r.1,::r90:nlment so that the work of the Development Authority qoes on pending re cruiitnent Santosh Kumsr Verma vs. Slate of 81har, 1997 (2) PLJR, 9,(SC)

7. :.1.~(~.:.,iii,gs of il11;1 &uthoi-i1y.-(1) The Authority shall meet 3! least she tin~ :n each calender year and there shc.11 not be a gap of more than sildy c!av~, IJ:·:•:.,r,30n two consecutive meennqs.

,2,. Tha conduct oi' the meetings, quorum, service or notices, aqenoa. atc., ::-,;,-,j1 b-::i as prescrosd by regulations .

. S::·.i.::,Mfa~·m·(enic of Regional and De:v~lopment area and ~a:er.!.tion of '.}u:.a~· Ri,,.-irk;.--(1} The State Government may, by notitication in tho officid G.,.­ Z.Si'.•a, r.?.s!2.b:is:1 areas tor the purposes ol this Act by defining their li'""1its. to be tr;·;,-.r;n as ~i) Region and (ii) Development Arna, tor which the Authority :,,hall r,rGf\';!1-.z a Master plan and carry out development works therein :

ProvicfrxJ that no Military Cantonment or any pan o; its area required for mi!r~ry or defence purposes sh::ill be included in such areas without 1he sanction d ii 1G Cent.al Government.

(2} The State Government may, by notification in· the official Gazette, altei:

•i)e !:r.;Hs o1 the Region and the Development Area. so as to include therein or io o~c:(,i::b therefrom such area as may be specified in the notification {3} .~. 131,.-::, showing the boundary of the Region and the Development Area .;:.,; <f!SWblished under thls section shal' be available for inspection in office of ihc !~ti/hority, oi'Hce of the Collector and Local Authorities concerned.

(•'>) I; for purpose o~ decentralisation and fac:lity ot work the Siate Govem­ (jl(:,;·.: sets Ly a new !=legional Development Authority, whose notitied area, whol'.y c. ::-sir:ry, overla::is that of an eidsting Regional Development Authority, the 1awly sC:i-l up t-.•.1tho,ily may function, with the dictates, referred for approval or the c,~stng P.1.1thority, so far as it concerns the arsa overlapping.

·~. U::::·&l:::ili~tri.cm-1 of Counmii~eas.-(1) Ihe Authority may constitute Com­ n,;riG·'=' consisting wholly of members or wholly ot other persor.s or pan!y of ff,.:,mrJ:icrs and pmily of other persons ior such purpose o~ purposes as it ,-.-iav thinl: rn.

(2) .~. Commiiiee constituted under this section shall meet ,i~ such time and ri2ic:; <:1ncl .c;i12r; observe sucn rules or procedure in regard to the transaction of til.!::.i;-,e;>:'.'::; :)l rs meetings es may bo determined by regulations made in 'his betiaif.

P) .'", Commitiee constituted under this section, shall have such duties, re- • spon:.,iiJilities and· powers as way be prescribed by the Authority and c:11 lls rec­ .::wmne11~;c1~ions and acts shall be subject to final confirmation by the /\uthority.

(4) The members of a Committee shall be naid such fees and allowances "or 3rioncling its meetings and for atlenciing to any other work oi' the Aethority, :::s. r,~c:iy bo detorrnincd by regulations made in this behalf.

·Jf1, ~tfir,,Mf:•~l'S i,ll .ihe Aufthority not to iakf} par? in prroceed:ings in. which :11,.;:r "'L·. [•or:::-G111@111 iniav-~:.:.,etl.-(1) A member or person associated with tho ''.'JibJri:~, er a member of any Committee who-

(a) has direc11y or indirectly, by himself or any -partner, employer or employee. any such share or in\erest in respect of any matter; or (b} has, 2cied professionally, in relation to z.ny matter, on behalt of .per- · son havina U1P.rnin ::m11 c:11rh ch,,·~ ~- :-•-··--· - , · · ( Secs. 7-10 Bih; t Regional Development Authority Act, 1974. '1 0 J shall not vote or taks part in any proceeding of tho Authority or any commstec relating to such matter.

(2) If any member or any person associated with the Authority or any mem­ ber of a Committee appointed under section 9 has, directly or ir~directly. any benoiicial interest in any land situated in an area comprised in any ho•Jsing or development scheme framed under this Act or in an area in which it is pronosed to acquire land fo, any of the purposes of this Act- {i) he shall at a meeting relating to such area of the Authority or ariir Committee inform the person presiding, of the nature of such i'lter­ est whicr. shall be. recorded in the minutes of the mee"linfJ,

(ii) he shall not take part in any proceeding relatinf; lo such area at a meeting of :he Authority or any Committee.

(3) Nothing 'r sub-section (2) shall prevent any member or any person assc­ ciatcd with the AU:hority or any member of a Committee appointed. under section 9 ·:rom voting on, or taking part in the discussion of. any resolution or ouestion relating to any subject other than a subject referred to in that sub-section.

11l. Objects o1 ihe Authmilrlf.-The objects of the Authority shall be to pro­ mote and secure planned 'development of Region in general and Developrrent Area in particular and for that purpose the Authority shall have. lhe power ~P acquire, hoid, manage and dispose of land and other property, to ram; cct build­ ing, engineering, industrlal, agricultural and other operations, "o execute worlts fn connection with transportation, supply of water and eieciricity, disposal oj sew­ age, drainage, and other services and amenities and generally to do 3illfih:ng necessary or expedient for purposes of such development and for purposes in­ cidental thereto and the Authority shall be the principal agency to provide ;,.II infrastructure for t11c development of the aforesaid areas :

Provided that save as specifically provided in this Ac1 nothing contained therein shall be construed as authorising the disregard by the Au!horily or any law ·for the time being in force.

CHAIPTIER m RESPONSIBILITIES, POWERS AND FUNCTIONS OF THE AUTHORITY

12. Rsspo01slbili"ly o~ ihe ::t,.uthoviiy forr plarrmfrllg ~ll1ld emacn..l~Oolio ii.vii' schemes reiaftirog to ihe IOevellipmeill1t airnas.-(1) Subject to the provisions o~ . this. Act, the Authority shall be responsible for formulation, co-ordination and supervision of the execution of" au· planning .and works relating lo the develop­ ment of area or part thereof and more specifically for-

(a) land acquisition and development of land;

(b) general improvement .works including laying and relaying or· modliying the streets. roads and drainage, disposal of -sewage;

(c) plot reconstitution schemes:

(d) Housing Schemes including sub-urban and rural housing;

(e) Slum Clearance and S!urn lmprovemenl Schemes:

(f) Transportation schemes including riverine transport;

(g) schemes for supplying essential services lilte water, cooking gas, electncity, etc;

(h) schemes for provision of community facilities like retail anal whole­ sale trade, hospitals educational and cultural institutions, recrea- .·.:- ~-- • 1: __ :1:1.: __ -·-··---··-....!- ~~·~'~- -·-· f "J1 Bihar Regional ~evolopment Authority Acl 4 Q Secs. 11-12 J Comments & case-law [Section 12 r/w Articles 243W, 24~ZD and 243ZE and Twelfth Schedule of Constitution o, India-collapse of habjtat planning-urban planning with people's p3.rlicipation is oart or Hie democracy envisioned in the Constitution -oevelop­ mont authorities in Bihar have cleverly kopt the mandate of the Constitution awav 'from therr- -slected representatives have been kept at bay from develop­ meni auihorities- this is bad legal architecture to retain power which rs man­ dGie{) lo self govArning institutions- Constitution speaks of spatial planning, not construction=-spaust planning refers to space allocation .tho planriing of ii and resorving these ;:.J2.ces for conforming use of land- violation of these spaces is an illogality which is incurable-phenomenon of compounding' has been com­ pleicly misunderstood-> Court proposing the setting up of a committee, corn­ plefe!y independent and composed of. protossionals whose job will be to plan habitat. R. Usha vs. State of Bitter, 2002(2) PLJR, 301J .

,:-::. f'.'!'.t".J,:-,c;,y may give dii'ection to the oca' Awfr1oi'ilies.-(I) Notwith­ ;;ti.li1Cl:nr aoy frw,g contained in any other law for ths time being in force, the Au ihoti1V •nay give such directions with regard to the impiementation ot any develc.nme:,,.-,, hl"ni,""lr-t ""',... ,,, ~---· .. .,,1 ... : ..... 1. r:L • .. ·

(i) anti polfution schemes:

(i) afforestation. gardening or any other schemes for improvement of the environmental conditions;

,;,1 scheme, for industrial business and ot'ier commercial de, 1\/ILlf-is (2 Sul . ect to the provisions oi this Acl the Authority mc;_y fror t'rrn; lo time incur expenditure and undertake development works mentioned in sub-sec tiun (1) in the development area.

(3) SubjGct to H1e provisions of this Act, ihe .'\uihnrity ~hall b,3 respcnsible for the preparation of a phased programme of developrnent of agriculture, infra­ structurcsano other works essential for lhe gent1ral socio-economic nnd physical jevelopmen! of rura] and urban 'areas.

{L:) In particular and without prejudice lo the grn,:,;-aiity of the loregoi11g iunctions, the Authority shall also dlscharqe the iollowing functions, namely ·-

(a)~ ;;.':fup;qiy ~ ~ ~ 3lftl~ ~ ~ ~ 3mA m ·~ f.l'fu ~ ~ ;:i.jh_- -~w.ic nm·«~~ 'fclosf{.f.;;, ~I\Jl•·acl ,:;{-io,>,I ~ mttf ~ .a.a"h­ ·~f-1~<::;- ·;tj-\'"~ % ~ ~ f.i;,i\cf #,, ~cl 6~ ~ c:.~ ~,,;

(b) to sper;!fy the development projects for the implementation of which any 1und i"eferred to in clause (a) of this sub-section shnll, subject to such conditions and rostrlctions as the Authority may rrnposo, · be applied by any Municipal or other autnoritv or body corporate :

(o) to provide for the seiting up of planning information and storaqe retrieval ,:-.ystems which May be upto-dated frequently

(d) to perform such other functions as may be prescribed by the State Government.

(5) The Au..iority muy, Qi'; such terms and conditions as may be agreed upon, take over, the execution of any of the aforesaid schemes on behalf ot a !ocal Authority, body corporate, co-operative society, an employer or a IJepart­ ment er the Gov rnrnont.

"1 Bihm Rogionai Doveloprncnt Authority Act, 197a i 2]

(2) The Au1honly shall so exercise tho powers of supervision referred 10 sub-section (1) of section 12 as may be necessary to ensure that sucn dev1 opment project is executed in-the interest of the overall devolopmen' of rl area and in accordance wilh "!he approved plan.

14. ?ower of the Authority to implement schemes of other ai1f'f.10r;:lee body corporate and a Department oi Government in case of their fnih.1,::; I implement s.::nem"J.-(1) 'where the Authority is satisfied that any directk given by it under sub-section (1) of section 13 with rogard to any dsvelopme project has no1 bee·i carried out by tho local nuthority, body corporate and olhi agencies referred lo therein or that an}' such loc. authority, body corporate < departmeni of Government is unable to fully implornc~1l any scheme undertake by it for the development of anv part 01 ihe area, lhe Authority may itsell ur:de take any works and incur any expenditure for 1ile execution ol such developrner project or implementation of such scheme, as the case may be, anc recover th cost thereof from the local authority, body corporate or any other agencies.

(2) The Authority may also undertake 2.ny works as may be directed by ih State Government and may incur such expenditure as may be necessary tc the execution of such work.

(3) Where anv work is undertaken by the Authoritv under sub-section (,), shall be deemed to have, for the purposes of the execution of such work. all th1 powers which may be exercised under any law for the. time being in :ort;e b:

the Authority referred to m sub-section ('1) of section 13.

(4) The Authonty may, for the purposes of performing tile functions men tioned in section 12 and for carrying out the rnsponsihilities conferred by sub sections (1) ano (2). undertake survey of any area within the development arec or tho Region and for that purpose it shali bo lawful for any officer of ·i:.o Au· thority

(a) to enter in or upon any land to make survey and to take leV9i of such land;

(b) to dig or bore into the sub-soil;

(c) to murk levels and boundares by placing marks and cutting trenc. hes;

(d) where the survey cannot be completed, levels cannot be taken and boundaries cannot be marked otherwise. to cut down and clear away any part of any standing crop, fence or jungle :

(e) to oxarmne works under construction and to ascertain ihe course Of severs. drains or other Utilities :

Provided that before entering-upon any land the Authority shall give notice ot its intention to io so in such manner as may he specified in the regu!alions made under· this Act.

-1s. Matters .o be. prov.c'ed in the Scherr'.e.-Notwithstanding anything contained in any other law for the time being in force .. the schemes mentioned in sub-section (1) of section ·12 may provide ior all or any of the following mat­ ters, namely:

(a) the acquisition by purchase. exchange. lease or otherwise o1 any property necessary for or affected by the execution 01 the scheme ;

(b) the laying or relaying of any streets or roads cornprised in the Bihm Regional Development Authority Act, 1974 Secs. 14-15 ] (c; tlie distrioudon or redistribution of sites belorigrng to owners of the "iroperty comprised in the scheme .•

(d) 1~1e closure or demolition of dwellings or portions ot dwelling 01 any •pe Q'; construction including drains, supply mains. Arc l,Tlfit or angerous for human habitation , and

(e) tho demolition of obstructive buildings or for portions of buildings or streets or any iype of construction.

CM.O.PTIER 1V NEGION.L~L PLAN. MASTER PU-\N ANO ZOI\JAL DEVELOPMEN-:- Pl Ai\.

i!f;. [>)lr<=l})ara~ioril oV if11® J=legional Plcnn.- The Authority shall as soon as ue.y be, carry out Regional Socio-Economic and Geographical Surveys anc pre­ p2r0 a Regional Plan which shall indicate ·:he manner in which tno land of the reg:on sii::11! be used in broad categories, whether by carrying 'out thereon devel­ opmeni or otherwise, the staqes by which any such development is .o be car- 1·b:! ou1, the natwqrk of communications and transport, the proposals for censer­ v21ii:m znD: development of natural resources, development of intrastructure for the hoalil,, sducatlcn, TU.-al housing, etc and such other matters as are likely to havo irr,partant influence on ,he development at the region, and any such plan '1n p31r,icular, tTl6\Y provide ror all or any of the following matters, or for such of the fol!owing matters as the State Government may direct, that is to say :-

(a) allocation of land for different uses, general dislribution and general locations of land, and the extent to which the land may be used tor residential, industrial, commercial or agricultural purposes O" for, Governmen1 and other offices or as forest or for mineral exptoita­ tion;

{b) reservation of areas for open spaces, gardens. recreation grounds, zoological gardens, nature reserves, animal sanctuaries, dairies, compost pits and health resorts ;

(c) transport and communications, such as roads, highways, railways, waterways, canals and airports including their developrnont and ex­ tension ;

(a') water supply, drainage, sewerage, sewage disposal and. other public utilities, amenities, and services including electricity and gas ;.

(e) intrastructure for health, education, rural housing, ale;

(f) reservation of site, for nGW towns, industrial estates/areas and any other large-scale development or project which is required to be undertaken for 1he proper development of the region or new town;

(g) preservation, conservation and development of areas ct natural· scenery, forest wild life, natural resources and landscaping;

(h) preservation of objects, features, structure or places. of historical, natural, architectural or scientific interest and educational value;

{i) areas required for 'military and de'fence purposes ;

(j) oressrvation of erosion, provision of-afforestation or detorestation, im­ provemer11 and re-development for water front areas, rivers and lakes:

(1,) proposals for irrigation, water-supply and hydro-electric works, f!opd control and prevention of pollution of river and other sources ot 1nr::ill'>r ;::11nnh1· [ Sec 16 Bihar Regional Development Authority Act, 1974 Secs. 17-18 J Bihar Regional Development Authority Aci,·1974 (I) shilling of population, or industry tram over populated anci indt congested areas, and indicating the density of population or co icentration of industry and other economic ac1ivily 'lo be alto in 2 riy area;

(m) recommendations to the State Government regarding the direci1 to be issued to the local authorities in the rngion and differeni par ments or the State and Central Government in respect oi "iorcement and implementation of U1e proposals contained in 1he .gional Plan.

H. Civil SUi'\lelJ ~ncJ ii\flasier Plan.-(1) Simultaneously with ihe prep< lion or the Regio'lal plan or as soon as may be thereafter ihe Auttioriiy st carry out, socio-economic and physical survey of· and prepare a draft maste~t-:

for the developmcnl area within the basic framework of the Regional Plan.

(2) Master Plan· for the entire areas or part thereof already approved ii notified by .the State Government under lhe provisions of the Bihar Town Pl1 ning and Improvement Trust Act,"195"1 (Bihar Act V of 195i) before '!he co mencement of this Act, shall be deemed to have been prepared by lhe Aui:ho and sanctioned rJ\f the State Government under the relevant provisions oi' t Act, till such time as the Authority modifies the Master Plan or prepares a frio Master Plan.

(3) The draft master plan shall -

(a) define the various zones into which the development area is ·10 1 divided for the purposes of development and indicate lhe manna, which the land in each zone is proposed to be· used (wheqher I the carrying out thereon of development or otherwise) ·and ii stages by which any such development shall be carried out, an

(b) serve as a basic pattern of framework within which·ihe zonal d 'veloprnent plans Qf the various zones are to be prepared.

CommeilliS & case-i.llW [Vice -Chairrnan of PROA directing petitioners to remove ·installed f2,c101 building etc. from the site located in Panta City area as ii had been constructs in contravention of provisions of sections 23 and 36. As per section 17 (2), m 'Masfor Plan' of the entire area or part thereof already approved and norifievl ~ the State Government under the Public Improvement Trust Act prior to th9 enac ment of the BRDA Act, is to be deemed lo have been prepared uncer th BRDA Act. Although as per the provisions of· section 24, the Authorities ar required to revise or alter the Master plan on e:<piry of every iive years, mere!

because there 1-ias been no alteration or revision of the Master plan, it cannot b held that the provisions of the BRDA Act have been rendered redurda.nt Rar Krishna Goenka vs. PR.D.A. i996 (1) PL.JR, 445.]

18. Confte111!:s o(" Masiorr IPHan.-The draft master plan shall generally i1 dicale the manner in which the. use of land in the development areas shall be regulated, and also indicate the manner in which the development of lane therein shall' be carried out In particular, it shall provide so far as may be nece ssary for all or any of the following matters, that-is to say __:

(a) proposals for fixing the use of land ·tor purposes such as rnsialen, tial, industrial, commercial, agricultural, recreational and other uses

(le) proposals for planning standards and zoning regulations ior different ZOilP.S.

19. t·"l'C!f1,:i·11. :ion of Zone.I Develo,ome:n'' Plan.-{1) Simultaneously with tile ;XGparai ion of the Master plan or as soon thereafter .as may be, the Authority sha!! proceed wi'.h the preparation of Zonal Development Plan for each of thA zones mto which the development meas may be divided,

(2) A Zonal Development Plan may -

(a) contain a site plan and land use plan for !he development ot ihe zone and show the approximate locations and extents of land uses proposed in the zones for such 1hings a public building and other public works and utilities.

roads, housina, recreation, industry, business, markets, schools, hospitals pub­ lic and private open space and other categories of publir.: and private uses:

(b) specify the standards of population. density and building density and other norms if required;

(c) show every area in the zone which may, in the opinion of !he Authority, co required for development or re-development ; arid (di in particular, contain provisions regarding a!I or any of the following matters, namely : -

(i) t:1e division of any sits into plots for the erection of buildinqs:

(ii) tho allotment or reservation of lands or roads, open spaces. gar­ dens, recreation grounds. schools. markets and other public pur­ poses;

(iii) the development of any area into a township or colony and the re­ strictions and conditions subject to which such development may areas;

(b) proposal for the fixation ot land for pubhc purposeu, sue» <1s schools, collages, and other educational institutions, markets. so cial, welf::\re and cultural institutions, theatres and places or puhlic enteriainr ,,eni 01 public assembly, museums. art galleries, religious buildings anc other amenities,

(c) proposals /o; desiqnatlon of areas for open spaces, play ground1.,, stadium, Zoological qardcna, green belts, nature reserves. sancu.

.arit1s and dairies;

(ci) transport and communications such as roads, highways. p,:rl< ways, railway, waterways, canals and airport including their extension and development;

(9) water-supply, drainage, sweraqe, sewage disposal. other public l!l!li· tics, amenities and services including electricity and gas;

(fJ preservation. conservation and deve!opmeni of areas oi natural, scenery and landscape·

(g) preservation of features. structures or places of nisrorical, natural, architectural and scientific interest and educational value;

{h) proposals for flood control and prevention of river pollution;

(i) the filling up or reclamation of low lying, swampy or unheallhy areas or levelling up ol' lands;

(j) proposals lor re .. development and improvement of existing built up f Soc ·i g Bihar Ragional Development Authority Aci, 1974

(iv) the erection of bdldings on any site and '!he restrictions ,nd wnd1 tions in ··ega~d to the open spaces to be rn, 1in1ained in or c. our« buildings and height and character of buildinqs,

(v) the alignmant 91 buildings on any site , (vO the architectural teaturss of the elevation or frontago of 21nv bui.d Ing to be srocted on any site ;

(vii) the number of residential buildings which may be erected on cii1) piot or slts:

(viii) 'lhe amenities to be provided in relation to any site or buiidings c-, such site whether before or after the creation of building and 'ih, person or ir.stitutio:i by whom or at whose expenco such ameni!ie:

are to be provided ;

(ix) the prohibitions or restrictions regarding erection of shops work shops, warehouses or factories or buildings designed for particula purposes in the locality ;

(le) the maintenance of walls, fences, hedges or an}' other structura constructions and .the height at w:1ich they shall be maintained · {}d) the resjrictions regarding the use of any site for purposes othe thar- erection of building ; and ()cii) any other matter which is necessary for the proper development a the zone or any area thereof according to plan and for preventinc buildings being erected hap~azardly in such zone or area .

. 20. Su[cimtssior, ot' plan to the S~ate Govemme111i for apprrovr.:il.-(i) Ir this. Chapter tho word "Plan", includes the Regional Plan, the Master P:ao1 anc the Zonal Development Plan.

(2) Ever)' plan shall, as soon as may be after its preparation be submiUt:e by the Authority to ~he State Government for approval arid tho Stale Govem ment may ei~:,e, approve the plari without modifications or with such modi ica, tions as ii may consider necessary, · or· reject the plan, with directions to lhE Authority to prepare a fr~sh plan on lines wbich may be indicated .

. ?1. Prrocsd!i.U".: to be followed in pre1Paring and :iippro,,ing the') [.Ol.?J11.-(·1;

Before preparing any 'pian finally and· submitting ii to the .State Government fo:

approval the Authority shall prepare a draft Plan and publish ii by making a copy thP.reof available for inspection, and publishing a notice in such form and man ner as may be prescribed by rules made in this behal' inviting objections anc suggqstions from any person with respect to the draft plan before such date a~ may be specified in the notice, not. being earlier than tour months fro1, fie pub­ lication of the notice.

(2) The author'ty shall after giv.ing adequate opportunity to the concernsc persons of being • ieard and after considering the suggestions, objections and representations, ii any, modify tho draft plan. if necessary, and submit it to Jn" · State Government for approval. ·

22. Puhlicaiion oU Pf.~n :iind date o1 its operntion.-lmmediately ofter ihf?

Regional Plan is approved b)! the State Government, the Slate Government sha] publish in such manner as may be prescribed by rules, a notice stating that the Regional Plan has been approved, and naming a· place where a copy ot the n,."'' ,.......," h.P 'f'\!".OP.cted at al! reasonable hours, and shail specify hereir a date Bihar Regional Development Anthority Act, 197" r ·1; Secs. 20-22 ] {not being ocrlier than 3bcty days from the date of the publicallon of such notice) on which the Regional Plan shell come into operation.

::_:::". f-':r-,,sMci:io11 on cl":,afga of' use of- l~nd or clevi::lopm0ni thereof. -(1) No person shall on or after the publicaiion of a draft Plan instituie, ·or charge the US'."! of any land covered b;1 the Plan io · qny purpose other than agriculture, or carry out any development in respect of any such land wi:hou! the previous per.

mission in writing of the authority.

(2) Notwithslanding anything contained in any law for the tim~ bP.ing 111 force, the permission referred lo in suo-sectlon (t) shall !'10! be granted 0111ervv1sE:

!hz.n in conformity with the provisions of the Plan.

Commen'm & cas..:-1.mw [Reservation for persons whose land was acquired by, the authorities ror constructions of !he houses, being allotted 10· applicants by the Authority, ap pears to 'be. based on sound principles. I L. Dhingra vs. State of U. P., (1987) 2 sec 533.

Sub-sectiofl (2) or section 23 provides for non-obstente ck-:-.use, as a result whereor notwithstanding anything contained in any law for ~he time being in force, any permission tor use ot any land in terms of sub-section (1) thereof .cannot be granted otherwise than in conlirmity with the provisions. o;' tho Master Pian. Doman Paswan vs. §tate of Bihar, ·; 988 PLJR 968.

The Draft Nlaster Piao in respect of Patna which siill survives can only be alierec' or amended in accordance with ih0. orovisions of section 2·4 of the Bihar Regional Development Authority Act. The- schemes framed under the .Bihar Town Pl;.:;nning and Improvement Trust Act should be deemed to have been framed under :he tl. R: D. Act 1974. The areas. shown in the Master Plan as "Green Beii" area cannot bo utilizeo for other purposes. ibid.

P1 person going to be affected by order of removal· of encroachr-ient must be asked to oroouco his .;ight, title and interest over trie area, which should be measured by the Governmeni "Amin" and areas not covered by the documents produced by the alleged encroacher alone should be cleared of thfl encroach­ ment A'ifec(bd party may also have his own "Amin". This procedure-is applica­ ;:>le in cases ot roadside encroacnrnents and not for deciding inter-se disputes . bern1eon ·:wo private claimants. Kelem vs. State of Biha,~ 1989 PLJ8 264.

1a'lsmtr,,r Pl.!!n.-Development Authority sliould not seek to charge user of land. from "C~y forest" or "Green area" in the Master Plan· and tum it into resi­ dential" or commercial area. Supreme Court directing Development Authority in 1he interest oi environment control to maintain the area in -quostion as Chy for­ est area as shown in Master Plan. M. L Sud vs. Union of India, 1992 Supp (2) sec 123.

, Once the Draft Master Plan has been published, the provisions of section 23· r:ct onlv provide restrictions oh the right of concerned land-holders about user ::il' land but also puts restrictions on the power of the Development Authority it­ seh to sanction a building plan which is not in conformity with the Draft Master Plan. No land can be permitted to. be used for purpose other than that shown in the Master Plan. Srikrishnapuri Boring Road Vy.apari Sangh vs. State of Bihar, "1995 fl~ P .J:=l 413.

~- .... u, na..,. ..... ,,:.in~ ----i\loticc to tenants. in possession not given.-\vhere the · ' • i: - -•:fl,....,tinn nf ih~ [ Sec ?3 Rillar Regional Development Authority Act, 1974 Town Planning Scheme in the official Ga«:ette. 'such persons wiil be enti fed re being provided with Suitable accommodation on rent i, suitable locality consid ering the nature their requirement both residential ·an-.. fo, , usiness purposes Mansukh/a! Jac/avji vs. Ahm_edabacl Municipal Cotporatkn, A1R. 1982 SC 152.

De\leloroment Au~horHv.-Arbitrary enhancement of costs of housing al time of delivery of housing unit to the Allqttee by the Development .Autho,ity is open to inlcrference by Courts.-. The Development Authority is obliged to e;cplain the reasons !or'disproportionatc enhancement of cost at the limo of deiivc,)l tc the court. However, where the explanation by the Authorily for tho enhancement of cost is tounc to be reasonable, the Supreme Gour -may refuse to interfere, Indore Dove/opment Authority vs. Smt. Sadhna Agrawal, ·1995 (1) All PU·I. (SCj iOS . (-1995) 3 sec 1.

P21auing !PIOCG fo, vehic!es.--A Mwnicipal Authority is under· no obiiga,ion to provide :and for being used as parv..ing place. Courts car ai the most direct Authority to consider need or persons seeking a parking place in a part.cutar area. Corporation of the City of Bang/ore vs. Fuel Lorry Owner a. /Vierch,:mts Association, AIR 1994 SC 487. · I-lousing .an~ .tmprovement Scher.1es.-"Approval" and "Permission". Ordi­ nariiy the difference between the expressions "approval and "permission" is U,a1 in the former case the action taken in anticipation of "approval" holds good until it is "disapproved". wh:fe in ihe latter case it does not become effective unH: ih'.3 "permlsslon is obtained' from the concerned Government. However, perrrussion subsequently granted may vahdate the previous action. U. P Avas am i/ik,w Parisad vs. Friends Co-oporatlve Housing Society Ltd. (1995) Suppi.. (3) sec

456.]

.. 24. '<'l)"'~"'I~- m "3'fR;wif•riilf ~ ~~-( 1 ) ~R: ~1· ~ 'lF<ifii~; if 3-TR' o~ ~'fl1c;

~ ~ ~ "f~ <ff ·grf:;.rc:m- ~ ~ ~· ~ m ~-~ffiJf 3ticq>~ m· .ill.

Tit;;q-~""R m~cm- ~ ·n.:i- ~ <ll·wll <iSI' a.q~-il~o, ~ ~, ~f~ (.rm~ ·q ~-H ~ ~ ~7floir ~!, aj ~ ~ Mf1l ~ ~ ~ ~ ~ ~. ~"1"ff ~; ~'U;;-R'<li tr(~~ ~;Tli ~ f-im' ~ ~- oliT ~;,;rm,~ afR" ~ffl ~ ~f:!W ~ "'II·~ ~t· ( 2 ) 3~~ ~ ~- "Ql~[ ~ ~ ~~ iR' "Zfk--ff m -wr~; ~~ji?;.;J ~t.1" %1~ ';fr~~ 'ffl' onl <:1tf.i"il Tlfct~)e,;=i ~ ~, Comrnsnts llt case-law [In view of section 30 of the Bihar Housing Board. Act. 1982 lhe decision o, the State Government is to be regarded as final in regard to any dispute relating to the Master Plan of , 952. Section 24 gives the authority under the Act ,h~ right to alter the plan ror any area. Srnt. Krishna S.ingh vs. State of Biha1; 1985 PLJR (NOC) 37. · · A total stranger cannot be pormitted to challenge the layout of 2 Co-cpo.a­ tive Housing Society, ibid.

Validity of allotment of land to 'Co-operative Housing Society canno, be assailed again bcrore the High· Court when the High Courl has already L!ph,3lcl . the allotment of that land to the Society in an earlier judgment. ibtd.

In view of the provisions in section .17. the Master Plan tor Patna is still operational. The Supreme Court, therefore, set aside the order o1 the Pa!na High Bihar Regional Development Autho;ity Act, 1974 Sec. 24 ]

2C. Gomp,,i!so,11 acquisition ot lano1.-(1) It in the opinion of \he State Government any land .is required tor carrying out ,ar.ir function o, the Authority under this Act it shall be deemed to be required for a "public purpose" and the State Govern-ncnt may acquire such land for ihe authority in accordance with any iaw for tho time being in force. . ·

(2) Any land either bqlonging to the State Government or which has been acquired by the State Government for the Authority may be handed over to the atr/hority by he State Government by notitication in the official Gazette.

Comments Bi case-law [Acquisition of land for Trust-for the purposes oi acqu:ring land for the Trust, the machinery of the· Land Acquisition Act, 1894, as modified is contern­ plated, The Town P!annmg and Improvement Trust Act, does not exclude the Land Acquisinon ·Act on the contrary it makes t- applicable, but subject to modi­ tications ,.md exceptions. The Master Plan has to desig'1ate the 'and which will be subject to compulsory acquisition by the various authorities therein mentioned inciud:ng ths State Government: Patna Improvement Trust vs. Smt. Lakshmi De11i, "1963 BL.JR 790 (SC). _ Persons whoso land or house has been acquired by the Trust Authority are displaced persons'. Such persons are entitled to get 2 piece of land 2.f'd claim priority in ailotment ot a plot at the appropriate time. This being a legat right for seHlc:nen! or a plot, it follows that a statutory du1v has been- cast on the Au­ \1- -.riiV and the same can be enforced by a writ of mandamus. Prem. Shankar .Sahay 11s. Chairman, 1982 BBCJ 185.

PrincipJ,~ or determination of compensation payable to owners for the portion o! H1eir buildings or lands acquired eithe: under Section 298 or Section ?.99 of · · Court .3flCl remanded back the matter wtlh certain directions, Smt Krishna. Singh vs. Sfaio of B1ha1; 98b 0LJR (SC) 8 S•ip,·,;,u;:.i Gi:.ui'i's direction siftiar r·~m.and.---disput€d question of fact-in or­ der io gei the physical situation clarified, the High Court gave di:·ections fo; con­ stitwing a committee of technical experts as per iis directions, ind for tho im plemoatatlon or the recommendations of this committee hy the P. R D A Smt.

:Cd;;f;na 8ingh vs. Stale of Bihar, 1986 PLJR i 063.

M2st'er Plan for Patna is operational and has noi lost its force after the ei'.piry of tho period filwd by the Government. Section 17 provides that the Master Plan would be deemed to bo in :-,>:istence till another Mnster Plan fs pre­ pared or the present one is altered or modified. ibid.

Procedures for the formulation of a Mastm Pla11 ar.d its subsequent attera­ t'on and amendments have been laid down in sections 17 to ?4. Any maps not a:::,pearin9 to be! prepared in accordance wilf1 law cannot be described as amen­ ded form of Mnster Plan or an arnondrnont to the Master Ptan. ibio'.]

~& Da:t·~ or cporatlon o·? MastGr and Zonal Da'l:lelol')m-ant l?lan.-Jrn;nooi­ atoly nfier "l Master/Zona, Development Plan has been finalised, the Authority sha!I puolis, rt in such manner as may be prescribed by regulations slating therein the date of ns coming into operation.

CHAPlrEH "'JI ACQUISITION Al'.JD DISPOSAL OF LAND.

Bihar !=iogionnl Development Authoriiy Act, 1974L Secs 25-2u 2 01 compensation shall be confined only .to the loss sustamed or tho expenses m curred. by the owner, as a consequence of acquisition of his building or v m lying withir the regul"' Ii , of tho public street. Sub-section (I) of Sectior 30 I as it stands amends- i even !hough specifies the principle of compensation 1Jay­ able for land acquire · under either of the Sections 298 or 'J99 does not rnqu.re the payment of compensaiion to bo paid thereunder, to include the value of k:nct.

The amended sub-section, therefore, makes it clear that the payment of value.

that is. market value, as compensation for the acquired land is excluded 111"rn under. Therefore, _principle 'spocified in sub-soction (t) of Section 30 i for detP;

mina!ion of compensation payable io the owners for thei i nds or bui!din~ ac- . qulred under either of the Section 298 or Section 299 theroot, does not wa rant determination of compensation according to market valu« 01 such bui!ding or land. Municipal Corporution of Greater Bombay vs Centre! Bente of India, ("1994) 4 sec 590 (Under Bombay Act}.

For fixing the annual value ot the promises, it is the market value of the site and land attached to the house or buildinn, which has to be taken note of.

Even land taken on lease can have market value. As to what would be ihe market value. rs however, a matter which has to be worl<ed out by thA authori1}1 concerned keeping In view the restrictive clauses of each of the lease aeeds, bearing in mind what has been stated in this regard in Balbir Singh case. Tr e national market value shail have to be discounted appropriately as lhe rcsutctlor subject lo which leases were granted, would undoubtedly depress the same. New Delhi Municipal Committee vs. Gymkhana Club Ltd. (1994} 3 sec 498.

Since the compensation payable under sub-section {i) of Section 30i of the 81\/iC Act to the owner of" the acquired land or building can only be 'he loss sustained and the expense incurred by the owrer because of such acouismon, the compensation should be the amount which is required to be made good to the owner towards reimbursement of his loss sustained, if any, on account of acquisition and his expense incurred, it any, on account of acquisftion, Soms­ times lhere may not be any loss sustained and sometimes there may not bo any expense incurred. At other times, there may be botn loss sustained and · expense incurred by the 'owner. Therefore, depending upon a given situation.

what should be th& compensation payable under that sub-section, has 'o 'be determined. Moreover the requirement of 1he proviso to the said sub-seciion has also. to be 1aken into consideration in determining the amount of such cornpen­ sation. Municipal Corporation of Greater Bombay vs. Contra/ Bent: of indle,

(1994) 4 sec 690.J · 27 .. Disposal of !and by the Authoritv.-The disposal of land belonging to the Authority or without carrying out development thereon shall be done by the Authority in accordance with the regulations made for the purpose.

Comments & case-taw [Grant of leases of open space inside a public park 10 various orqarusations by the Stale Government violates every concept of urban planning and ciisr.ir.;line of law which requires parks to be preserved as parks. Court :nay order buiiciing constructed inside park to be dismantled. Arun Kumar vs. Nagar fVJahapalika, 1987 All.LT. 1038.

'5-, Government agency put in possession of certain lands by the State Government for the .purpose of developing the land and parcelling lhe sites and --.J.C..- U,-m .,.f =ri;\I r;itp_c; should Observe the equalitv clause and be Jclif • "> I Bihar Flegional Development Authority Act, 1974 Sec. 27 J · to the purchasers. Where the Development Aulhorii\f for unavoidable reasons is no: able to deliver possession. to the purchasers o allottees of some of the pio:s of land, ii should offq· them alternative plots without asking for an exorbi­ ·:ant price. However, d1e Development Authority canr-ot .be compelled to offer plots at the old price. Haryana Urban Development Authority vs Sunit« Rekhi.

AIR ,989 SC 1637.

Allotmr,;nt a; residential plots.~Where the.State Government had issued ad­ vertisement fo~ sale of. plots of land, stating that .lillv enveloped plots will ba provided, thP. Supremo Court deprecated the fc::ilu~0 to provide fully developed p:o,s ever. af!er e)cpiry of many years and directec hat possession of fully de­ veloped plots be given within six months. · Sector 6, Bahadurgarh Plot Holders Associafion vs. State·of Haryana, (1996) 1 sec 48b.

The Developme,~t Authority and State Electricity Board must dischar- ,e their statutory liabi1iiy to provide water and electricity connections to prospective con­ sumers within the area. The High Court may give directions to concerned Au­ ·,hority ·:6 provide the water and/or electric connecUoris in terms O! proviso 10 section 52. Ranchi Regional Development Authority vs. Ranchi Municiioal Cotpo­ retion, 1!J95 ("I) BUR 572. : tsss (2) PLJR 340.)

,r· .. !'>..cq11idiion oi pro_periies blf AuUcoritv.- The Authority mall acquire movable OF ;mmovable properties by purchase, exchange, gift, lease, !'i10,1gage or by any other method permissole unde; law.

CommeRts fu case ·la:,, [Nqtice is r:ol required to be served on an occupier of !he premises whose name is not entered in Municipal assessment list. It is tnreasonaole to assume tha: a duW has been cast upon the Improvement Trust to serve not.ce on the occupier of the premises even though his name is 1ot entered iP the municipal asscssmerr iist. /l. general notice. whic!i would be :i 1oticc to all the owners and occcpiors of the premises sought to be acquired for the imorovement scheme has been provided for in Section 46 (of 1951 Act). therefore, does no! impose sucn unreasonable restrictions as to attract the provisions o~ Ar:icle 19 (1) (f) o1 the Constitution of lndia. ShivJe11 Singh vs. Ststo, i963 8LJR 254 ] 22 •• -'-\~':f.>jUisltion of land fo'l purposes of i:t-iis Aci.-(·i) T11a State Govern­ rnsnt may acquire land for purposes of this Act by computsory acquisition under the Land Acquisition Act, 1894 (Act 1 of 1894) :

w~ ~~: ~~ ~ -~, ~ fc;ror,m .nf~c.i/tl( ;.,~ -a: ;:!-,o, ~m mr --~f'q- on'1 .:;:ii'hs:?,-;;;i•·;r cll' -~ai"'~~ i~.._.,,,i:, ~ ~. ~ ~ ~rn1i'I'.' ~ ~ ~ i)· M cl:i ~ c;~: •f~ ~) <.:~ ~1 ~~~ "l!l_,.;..,, °i{ ~r.{!-4 ~- o7i ~~T-1' ~f.i~ fsi...;rr .,...;1·: 1;,· cJm', <:IR; t¥•d-.s;; ~~ ~ cf. i:m~ ~ mt;€f ~ zy cJif (;;'j~ "IT"~ ~ ~ ~-e,·t' -~l"'II ,fo:i ~ 3'~41"h' .:m~ ~1!,m<1 -m..,.,-1, ~i f,:h'fir ~~l~ ~ ~a_ra ~T ~:i~it~• ~- emf ~ ~FT ~ 1",c!:J"" ~'t m1~ ~. ~ \\.~ ~f.rclr4 ~ ~ a:i-R>ra ..- ~ , .. , .. , (~· \l.Tj=.1 ~ ~ '$xl 11~ 3wfii; ~.- ~ ~ -~ ·if .::i.m ~ ~"r ~r ..,.~a i;;,°". ·t1 ... -.!11 ~-i~ehH -ff~~~ ~~-~I

(2) If the State Government failed to. acquire the land wifli'1 a oeriod of six months from tile· date of receipt of the notice, the Master plan or, as the case may be, the Zonal Development plan or the Regional plan shall have effect, af­ •~r •h"' ,,,,,..,, •. l'liion of the said six months as if the land wera not required to be -· -'~~;~..-..-,fnrl ~c:: c::1,hiecl to L Secs. 28-29 Bihar Regional Dev_e~opmr--nt ulhority Act. 1974 2 2] CMAPTIER Vf DEVELOPMENT OF LANO Al\lD BUILDING ,JONTROL

30. l\lo deye!oprrianft o1 lainol i9!fter commencement of this Act widt':mt pevmission.-Thc; provisions of this Chapter· shall apply 10 such areas o; rl'oior as .nay be 'lol!fier by the Authority from time-to lime, i\!o person or Jody (excluding a department of Central or State Govemmsm or local authority) shall instituie or change the use of anv land or carry o .. rt de­ velopment on any !and without obtaining permission in wniing from ihe Aut;1miiy·

Provided that in !he case of a department of Centre.I or State Government or· local authority intending to carry out on any land "'lny development other man those covered by the operational constructions as defined· in section 2 (e), tna concerned department or local authority, as "he case may be, shall noiifl' in writing to the Authority o" ils intenton to do so giving t, ,11 particulars there of and accompanied by such documents and plans as may be prescribed by the State Government from time to time, at least, one month orior 10 the undertaking of such development; and where Authority has raised any objection in respec. ol the conformity of the proposed .development. either lo any development p!ar under preparation, o. to any of the building bye-laws intorce at the time. or due:

to, any other material consideralion, the department or.the local authority as ih.::

·case may be sh.""11-

(i) either •nake necessary modification ·in the proposals fo_r develop ment to meet the objections. raised by ihe Authority, or

(ii) submit the proposals for development toqether with the objections raised ov the. Author~y to the State Government Ior decision. 11\/her proposals and objections have been submitted, no developmen shat be undertaken until the State Government has ·finally decider on the matter. · The State Government on- receipt of the proposals ior development 1oge!i1e with the objections ot the Authority shall in .consultation with tile Dsvelopmen Commissioner ei'he. approve the proposals with or without modifications or ma:

direct the concerned department or local authority as ~he case may be tc mak:

such moditication h the proposals as they consider necessary in \h_e circurn stances- :

"""' • ~~ 4 f. ... - " - h ~l'? ~ <41C; ~<:R'i 311.'ffTl<-:t e11 · oJ't>llCQ,(1"\'f ~ Molllx e;lT "Rt)fl.;. TiilG ·7,y l("°il~ ~ 6 i:illr<fi ~ ~-;; ~ ~ n1 ~- -r~ iY ~ ~~( ~~ cil' <.i:

~ WTT fu -~ ~~ $1' fufura- ~ ~ ~'.rr, ~~ -;:u-~- ;;;°'; G ·,ff:

~ ~"G"il ~ ~ -.;'fi'°';W TTf{ ~ ·;{ lr' m .~· fu~-..T· ~ m ;mv.:,~ ~)·u ft ' t.l~ifcld f;mfur ~ ~ zj'1 Comments and case-law [Chapter VI of t:1e BRDA Act provides for 'Development of land and bui!C:in control". In terms or the provisions of section 30, an emharqo has been pUL wit regard to the development of land by the owner thereof except with 11,e oennis · sion of the concerned Authority under the Act. Uma. Shyam Periver Trust •.t:

State of Bihar, 19fl0 (1} PLJR 603.

Enquiry envisaged before amending or revoking tho development schem ' .,. ·• - ·· - ..J- -- ~"~ ""'"'"""rih1 m~~n :::i n11hlir. enouirv With oooortunn Bihai Regional Development Authority Act, i 974 Sec. 30 J oI l1earing elctendsd to citizens. }( Remdes Shenoy i's. State of Kameteks, 199~. supp. (2) sec 516 J :Jri. O,..nm..:,'s , .,Jligation when d~s?ling_ wif.h J..ind ~ b1.11if-.::ing sltas, -(f the owner oi' any lane including a local authority, a body corporate constituted un­ dor cny law and --lep2rtment of lhe Government utilii12s. sells, !eases out or otherw:se disposes of such land, Im shall lay down and rnako a street or streets giv;n~ access-and right of way to the owners of the plots 'into which the fare mai~ De divided so as to connect them with an ·exLsting public or private street, c:WG also provide other amenities.

Comments @ild CiiJse-la,11!

[Section 3i provides for the land owner's oblig:1iion l•trhcn dealhg wiih land as !.o!..'iidir:g sites Uma Shyam Parivar Trust vs. State of Binsr, 1990 (i-) PLJ 503.]

:~2. !.@l,'-i:or,1t Plan.-{1) Before utilising, selling or otherwise dec.:ing with any 1i:::1d under Section 31 , the owner thereof shall a?ply to the Aufaority ir. writing 1rt1iih a lay-out plan of the land showing followhg particulars, namely :-

(a) chs piots into wnich the land is proposed to be divided for the · erection cf bulidings thereon and ihe purpose or purposes for which · sud buildings are to be used;

(b) the reservation or allotment of any site •o~ any street, open space, parl· recreation ground, schools, markets or any other puolic pur­ poses;

(c) the intended level. direction ancl width oi street or streets;

(d) -the rogubr line of street or streets;

(e) Hv:i arrangements with specification 10 be ,~,acie for levelling, pavin!'.;.

metalling, nagging, channell:ng, sewering, drain;ng, conserving scrap­ ing anc lighting street or streets Every appdcauon under sub-section {1) shall be accompanied by such fee <1s may be prescribed by regulations:

Provided that no such fee shall be necessary in the case of an application made by a department of the Government. a local au1ho,·i,y or bociy corporate.

(2) The provisions of this Act and '{he regulations made thereunder as to th3 planning standards shall apply- in the case of L?t}1-out plan reterred to in sub­ . section (1) and al! the particulars refetied to in that s..ib-section shall be subject to U1e sanction 0f the Authority. · {3) Wiih;n ~ixty days after the receipt o.- any applicatio;1 under sub-section (1) . i110 /l,i.uhori1y after making such enquiry as it may consider necessary iP relation to any matter specified in sub-section (2) of Section 1 D or in relation to any other m1: 1er, sh--::.11 either accord sancuon to the lay-out plan on such condi!ion3 as ii mav ihiil!{ fit or disallow it or ssk for further information wi!h respect to it · (i!) Suell sanction shall be refused if the application does not conform lo tne provisions o~ this Act, regulation, rules or c1ny plan under this Act.

(5) The lay-out plan referred lo earlier in t'iis connection, sr.al;, J so required 'i:Jy ihe Author~" bo prepared by a Town Planner licensed by the Authorities.

Comnwn~s and C<'.lse-1:riw [VI/her: any site is reserved tor public purpose by the private coloniser, the • ·'·'~--a,• ,..,mnnt imnose a condition ior sanctiornnq the plan that ' -- --~ A11thnrit\/ Bihar Regional Development Authority Act. 1974 [ Secs. ~1-32 2 ,~!]

free of cost, it would not be proper to sir, itch pub Ii<: interest to create rigln and title over the property. Transfer of ownership to the Development Authority free r;;f.

cost is not permissible !.inder law. Pl. Chet Ram \l.1shist l c. Munici,oal corpors tion of Delhi (1995) · SGG :F:- Building Plans ; m.only.besanctioned according to the building regulations prevailing at the ti e ot sanctjoninq of such building plans In case of any change in building· regulations, the new regulations in torce on date of actual sanctioning of building plan ·wm be. applicable. Usman Gani J Khatri 1m. Ceman­ ment. Board. (1992) ~3 sec 455.

Town Planning.-ln drawing up plan for development of an area, the S!ale Government has complete discretion to draw of development plan wiihout hold­ ing public enquiry and providing opportunity or hearing to all persons lil<elv to be affected. K. Ramdas Shenoy vs. State of l<arnataka. 1991 Supp. (2) sec 5i7.

VI/here Munidpal land had been earmarked for "open space" for public use, that is to maintain ecology and hygenic environment, the Siate Governmer.l has . no power to sanction lease for house construction over: U1e land. Virendr;J Gaw vs. State of Haryana, (1995) 3. sec 1: 19~5 .(:t).°'AH 'PLR (SC) ms.

33. Alteration or clemclition oi' sfif(eef·iria~e,:'in br;eactu of Sscliorii 22'.­

(1) If any person lays out or makes any.;stree"t·. r.efer(~<(to ·in Section 32. with· out or otherwise than in conformity with- ~tie orders: c;,i the Authoriiy, 'he Vice Chairman may whether or not tho offender be prosecuted under this Act. b~ noiice-

(a) require U:e offender to show cause in writing and send to th~ Vice;

Chairman on or before such date as may be specified in the nonce why such 'street should not' be altered to ihe satisfaction of !ilE Vies-Chairman or, if such alteration be impracticable, wh:: sue+ street should not he demolished; or

(b) require the offender 10 appear before the Vice-Chairmen either per· sonall / or by a d!JIY authorised ageni on sucn day and at suer time and place as may be speclfied in the notice and show Cell.IS€ aforesaid.

(2) If any person on whom such notice is served iails to show cause re the satisfaction of the Vice-Chairman why such street should not be so alterer or demolished, ihe Vice-Chairman may pass an order directing the alteration 01 demolition of sue! street as he may think fit.

(3) The coot incurred in this connection shall be recovered from ihe parlie~ concerned as arrears of land revenue.

21,. Power of Vic;e-Chaiuman to order wor!f fro roe carrioo out 1.1r to IC"'il'li"l out himseli 1n rfofeiu3t-lf any private street or part thereoi is no: levelleci paved, metalled. ilagged, channelled .. sewered, drained, conserved or ;ighiened tc the satisfaction of the Vice-Chairman he may by notice require the owners o such street or part thereof and ihe owners of the lands and buildings in froni o or abutting on such street or part thereof to carry out any work whic.1 in hii opinion may by necessary, and wilhin such time as may be specified in suet notice.

(2) lf such work is not carried out within the time specified in t:is i1o1ice the Vice-Chairman may, if he thinks fit, execute it and recover the expenses ;r, curred thereon from the owners referred to in sub-section (1) in such proportior as may be determined by the Vice-Chairman as arrears of tax under this Acl.

Bihar Region:31 Dev~lopment Authorit'r Act. 1974 Secs. 33-34 1 Comments l1 case-law [The authonty must ensure that there is sufficier.l tiroe between the date of ;ldveriisement and lile date on which auction is to be relci. Merely ensurlnq a ili~he;- pries than that of ihe previous auction is not enough Mere compliance of requirement of issuing advertisement is. not enough. The action of Government msturnentahty must not only be lair but it also must appear to bo fair Ganesh Bf;andar vs. The Stsi», 1989 PLJR 299. · Section 34 empowers the Vice-Chairman to order warlc to be carried ou: or to carry out such work himself m detault of the land owrer. Uma Shyam Parivar Trusi vs. State of Bilwr. 1990 (1) PLJR 503.]

8G. ;::·.-ohiibi~ion to buikling wi'l.nout s~mclio11.-l\lo- person shalt erect or commence to erect any building, or make any addition o~ aneration to any build­ ing except wiih the previous sanction or the Vice-Chairman, and in accordance wiiil the provision of this Chapter and the regulations made under this Act.

Provided that the Authority ma/make separate set of nequ:ations for d!ffcr­ -a:-ii areas or difie~cnt l{ir.ds of areas.

Comments & case-law [In case -::>i Cl 1stn.1eiion made without obtainin·!1 pnor-sanction of tho control­ .linr.,. authority ft is '10t a requiromeni of law that the complaint be filed by the commi!ing authoritv State vs. Rajendra Presed, 1965 ell.JR 520, Res·1ricticm, imposed upon a person from making 2ny construction Without obtaining prior sanction of' the Controlling Authority by the provisions of the Act.

'::'.c, not in any way restrict tho power of the controlling authority itself to grant sanction to a plar even after the construction is made. Tho exercise o" sud power 01 post facto sanction of a plan is not, ln any .w2Jy, inconsistent with the purpose and object of the statute. Mosst. Lexm! Jain vs. R. S. Sobin), ·i 965 3L;JR 963.

Socilon 35 provides for restrictions upon ·all persons to erect or. commence tc erect ;..ry buitding or make any addition or alteration to' any building except with the previous sanction or the Vice-Chairman, and :n accorcanco with 01iaptor VI o: t:1is Ac"! and the regulations made thereunder. Doman .Paswan vs. State of 3il:12r, 1938 PUP. 968.

The authorities directed not to demolish such buildings, which have bean.

constructed strictll1 in· accordance wiih the sanctioned plan. in cases 1111hero !here ls a deviation hof"' the _sarictioned plan, the builders to file a detailed represen­ tation before the Vice Chairman. The Vice· Chairman to hear and pass appropri­ ::it:=: orders with reference to the materials on record and also consider regarding U,e ~imnt of post .acto sanction, with the building byelaws. where deviation has been done from the sanctioned plan. Ravindra Kumar vs. State of Bihar, 1998 ('l) PLJR 927.

A plan for senction of construction of 3 ooilciing cannot be rotused 011 the grounrl. or non-submission of documents .showinq mutation or the land owner.

/i.j,:.1y r-:umar Jha vs. Stete or Bihat; 2000 (i) PLJR 226.

Approval giv0n oy the authorities to a plan i'or- construction o1 a house ex­ :::a::ii on an aree falling in common between the member .of the same ·family: If _,.: .... -•: ........ ,,... .. ;h" r-nn- [ Sec 35 Bihm Regional Development Authority Act, 1974 2 3] struction in the common arcs demolition car. not be ordered by the c.utho~iti£ The owner of the house directed to file fresh representation before ths Vi< Chairman, PROA for according sanction for the disputed structure alongwi,~ t'· compromise petition. Uma Jeyesws! vs. Chairman Pl-?DA, 2000 (i) PLJR '2!::

- approval 91ven ,o pelilioner except on the area falling commor bctwe( members of the same family and it was observed that approval for cans ructrc on the common area woulcf be given afier petitioner has fited a comprome agreement for the common area- order for demolition of such area passed n, thereafter a compromise petition filed-in view of the compromise petition, dem lition is not required end V.C. directed to accord his approval after the ;:K!ition filed his application tor the same. Uma .Iayaswal vs. Chairman, PROA, 2GDO ( PLJR,125.

Seciion 35 read with Sye Law 5.3 (v) --a plan for sanction of constructk cannot be refused on the ground of non-submission of document showing m,11 tion of the name of the land owner. Krishna Kumar Giri vs. Vice Chairman, 20l

(1) PLJR 226.

- sanction of pl:1r;.i for erection, addition or aheranon -there is no ,sqllir ment l!/s 36 that the landlord should disclose, while applyinq for scncton, H occupancy by tenants of the portion ~"hich is for sanction of plan-word • vr.d any law" u/s 37 has to be read ejusdem qeneris - non- disclosure of occ pancy by tenants in the plan for sanction does not amount 10 mlsrep~essnlarv.

of fraud or evictlon of tenant bypassing lhe 8.8.C. Act, i 982 vivek Aror,? :, Patna Regio,1a/ Development Autnority; 200i (2) PLJA 798.]

. 36. Erec~!on of buildings, ei:c.-(J) Every person, inc!uding local aL•ihortl body corporate constituted under any law and a department of Central or 3ta Government who intcnds->

(a) to carry out a development plan or any other development wor'<

(b) to make any addition or alteration thereto, shall apply for sanctk by giving notice in writing of his intention to the Vice-Chairman such torm and containing such information as may be prescrior by regulations made in this behalf.

Provided that ·no such sanction need be sough1 if the alteration is to ~ done internally in a buikiing withoul affecting the position of oath-room, _;(itchE and drainage arranqements and further that the proposed internal aiieratio;-s doi "not violate the provisions of the building regulations or planning standards ti,i ~n iorce.

(2) Every such notice shall be accompanied by such documents anu p!a1 as may be prescribed.

(3) Every applicatton under sub-section ('i) shat be accompanied by sw fee as may be proscribed by regulation made in this behalf:

· Provided 'urthsr that the operational constructions of the Railways, 0111 Central Government Departments, and Departments of Staie Government m, be exempted i,orn the provisions as aforesaid.

In resped of other works ot Railways, Central Government Department and departments of the State Government such as construction of new !ir.e new build:ngs, new structures and new inslaliations and reconstruction of existi:

lines, buildings, structures and installations for both operational purposes and 1 extension of services permission of the Authority may be gmnteci or rejcc~!

Bihar Re~ional Development Authority Act, 19/4 Sec. 36] iaiesi by three weeks from the date of r:.cuip, ..:,f notice or proper applicatic ci· iha A1..!iih0rl,y for tha purpose. In case no orders of the Authority are passer' , riu .;cm;-11uiiica'.0d to within ihe aforesaid time-limit of three' weeks at the lates · "' R;;ii'.1::ays. Cantral Government Departments and State Government Departrr-ervs will be t;-0e to go ahead with the constructions. In caso .he Authoritv has rR jzcicd E:.ny proposal rn respect of Railways, Central Government or any Stato Gov3mment Departmeni· contained in the notice or apphc ition as aforesaid an apr,0c:1I si-i.:111 lie to the State Government if preferred withm a period of thirty nays. Whil& disposing of such appeal the State Govern'ment shall consult the Cenlral Government or the Department, of the State Government as the 'case nv:1y bs.

(•1) Where permission is refused under sub-section (2) of Section 37 the app!ic8r.i or any person claiming through him shall not be ,c:.n@eC: to get refund, o, ·1:10 fps paid on the application for permission bu! the Authorityrnay on an :::'.'Jp[~iion ior refund being made within three months of communications of the .

groi.mcls d the refusal, direct refund of such portion of the :eP. as ii may de:qm i:1roper ir: tho circumstances of the .case.

(51 ·nJe P.uihority shalt l<eep in such form as may be prescribed by regu!a­ ,'ons, ~ roqistar of aopncations for permission under ihis section.

{5) Ti19 said register shall contain such particulars mc?uding information as £0 lh3 manner ·n which applications for permission have been cieall w:th as r.iav i::0 p,e:::::;ribed by ·regli'atiQns and shall be avaiiable for inspection to the public at ail reaeonaole hours on· payment of such fee, not exceedinq rupees five es may be pr.~~cribed by re_g· •!ations.

Comamnts. l!, case l.:iw [Sec.Ion 36 provides-that every person including local authority or body corporate constitu-ed under any law for the tirno being in force is required to .vpp!y to: sanction 'or erection of any building, the restrictions. imposed are man­ c''21ory in characte- DomanPaswan vs. State of Bihar, 1988 PLJR 968.

~.~~"R""u' Pl@n.-The requirements of public. interest can outweigh the "IAgiti­ rrate enpectatlon" O'. orivate persons and the decision of a public body (such as a- Development Authority) on that basis in exercise of statutory powers is not assaila:J!e. Where Development At.1hority had changed land. use of an area in ;he Wi.zisier Plan from 'recreationat" to "residential" and again trorn "residential" to "l"a:reat:o,al", ihe first change by the Development Authority docs not" giva rise.

to 3 i.Z'l)ilimate expectation in a private coloniser owning land Jn the area that r.e coukl develop a housing colony therein merely because the coloniser had sub­ mt1o1 a plan '"or -approval to the Development Authority in cases whern grant o;

approvc:I o, such plan is not automatic and the statute permits amendment o~ U10 I\Jiaster 01afl by change ot land use. Ghaziabad Development Authorily vs.

De/I-·! 4uio and General Finance (P) Ltd., (1994) 4 sec 42 .

.3ei'o~e a space can be held to be a "street" under lhe Act, there must be :1 dedication by the owner to t!le public. in the present. case the appellant has ded'cated fne verandah in dispute tothe public use. It is being used tor pass­ ing and reoassinq by the public at large and as such is a "street" in terms of Section 3 (i 3) (a) of the Act. The appellant has, thus, surrendered his rights in · • · ·• • .,c, , ..,.L·- -· .i-1;_ TL~ , .,... ..... ,, .... ~ th ......... ~.,..,,n ...... 1·h, tc .-..nrl ~hM:;&\1-C ~ Sec 36 Bihnr Regional Development ,l 1fhority /-'CL 1974 2 8J dedicated to public by the owner for passing and repassmg, partakes it character of a 'street" and no longer remains under the control o! ths m•.rr.E The owner has no righi at all times to prevent the public from using tt same. When the owner of the property has, by his own volition permitted h property to be converted into c: "street", then he has no right to clarm ~• compensation when tho saf"1e property is made a "public street" under Se tior 171 (4) of the Act. Th!=! "Streets" are meant for public use It rs nece sary that the "streets" whicn arc being used by the public are rrequently r paired and are also saved from public abuse. in the absence of any regui tory control. the hawkers and squatters are likely to occupy the "street thereby creating nuisance for the public. In a situation like this i'I i::; nece sary for the Committee lo step in and exercise its powers under Ssciion 1"

(4) of the Act. The Committee exercises rngulatory control and is resporu ble for the repair and upkeep of the "public streets". The verandah in d1 pute is a "stres . It has .':)eon declareci as a "public street" for tne bett snjovrncnt of the public-right in the said street, When a "street" is dacta« as "public street" the owner of the property· comprising the said "street" hi no right to claim compensation. Gobind Prasad Jagdish Persed vs. NDJ1Jl1

(1993) 4 sec '38.

Seclions..,36 and 37 r/w section 38 -presumption of sanetior =-sancton f . a development plan may or may not be accorded but in either case an infc,;-:1 tion is to be given to the applicant and in case no o-uors are passed within period of four months, then sanction can be presumed after the lapse of. :

days of a reninder which goes unheeded -sections 36 ai1d 37 am comprens sive in nature and are a complete Code- section 38 is a coroliary rather a pr viso to section 37. Rajesh Singh Buddhpriya vs. Pante Reg. Dev. Author!

2002 (2) PLJR, 263.J 37 Sairnction or refusal of application for er~ciion ()U ai flJ)Mcl{]io-i(:j , m!lcliiion or alteration thereio.-(1) The Vice Chairman shall sanction the ere tion of a b.uilding or addition or alteration thereto if such erection of lhe buildi1 or addition or alteration thereto would not contravene any provision of ihis ,!:..ct any regulation made thereunder.

(2) If the proposed erection 'or alteration would ·:io in contravention' ot a, provision of this Act, or any regulation made in this behalf or under any 0U1 law, sanction of Iha plan shall be refused.

(3) The Vice-Chairman shall communicate the sanction to ii1e person wl has giver. the notice, and where he refuses the sanction he shall. record a nr statement of his reasons for such refusal and communicate the refUS31 alo:

with the reasons thereof to the person who has qiven the. notice.

(4) -:-he sanction or refusal· 'as aforesaid shall be communicated .n su, manner .as may be specified in the regulation made in this behalf.

(5) I"! at the expiration of a period of 3 months attsr application under S€ tion 36 has been made to the Vice-Chairman, no order in writhg has ,Jo, passed by the Vice-Chairman and no notice of the order passed by the Vic Chairman, in this connection has been sent to the applicant, the applicani sh .give a notice under registered post intimating that sanction shall be presumed nothing to the contrary is received or notified in respect .of his application will' 30 days troro the date of receipt of the notice.

Bihar Regional Development ~t!t'1orily Act, 1974 Sec. 37 ] 3ihar Heqional Development Authority Act, 197~1 comments lli case-law [Provisions of sub-section (5) oi section 31 are mancatory in nature. , he · f.acl of participation by a land owner in any enquiry conductec by an Authurit)' tPc.ler th~ Act cannot bu termed as waiving of the righi ol the land owner to pro­ ceed w[!h the construction after expiry of perioo of one month's nonce giv.en to ihc ?,~igic,mil Development P.uthority after ii hao not disposed of fae land owner's app!ic.:i.tion for s~nctioning cannot suffer for the delay or laches ot authorities cnc.lc·.- 'ihe Act. Uma Shysm Psrivnr Trust vs. State of Bifiar -, 990 (1) PL.JR 503.

Seciion 37, (5) does not create any rioht whicil is. capable of being waived .

• ~ person hos a right lo erect a building on his own land subject, of course, to the compliance of existing. Building Regulations. Th8 State merely" provides io, certain consequences once tho Authority fails to perform his statutory duty wi1l1in the time limi~ fiKcci by the LegislatL:e. ibid.

Section ;;7 (b) mises a legcil fiction as a result whereof ihe building plan, suba1Hted by the land owner after the expiry of ,he period ::,rescribed by the l_er:isla"iu:·e, allhougt, not expressly sanctioned, would be deemed to navs been canctionod, ibid.

t'1:?-01,,~_-; S2frCiio1,1.-Vl/hero the concerned authority had asked for certain ctariricat.on and udditional iniorrnation from the person who had submitted a "buikiing plan" for sanction, and instead of furnishing the additional information, ih(=: ~:,nC.: owner had claimed deemed sanction on e)(piry of statutory period for sanction o, ,Juiluing plan, the benefit of provision of demned sanction will no! be avai:able to 1he iand owner. Anset Properties and Industries (P) Ltd. vs. DOA, rcss supp (t) sec 61.

Sections 37 and 54 -afte, a plan is sanctioned by PROA, it is incumbent on them lo have w: .. tch on the construction so as to frustrate ihe design of de­ 'Jiations or ihe aevelopers. Mis Saket Housing Ltd. vs. Patna Regional Dev.

A'Jihoriiy, 2003 (·1) PLJR,832.J .

:J'.~. Sanc~ior:·• @ccordoo uncile1· misrepres1;ntation.- If at any time after the sanction to erection of any building or addition or alteration thereto has been accorded, tho Vice-Chairman is satisfied that such sanction was accorded in consequence of anv material misrepresentation or fraudulent statement contained ln i:1e notice given or informa.don furnished under Section 37 he. may by order in writing and tor reasons to be recorded cancel such sanction rind erection of any building or addition or alteration thereto shall be deemed to have been dorm wiihou! such sanction:

p,-,JV;ded "ll1at before makinq any such order the Vice-Chair-nan shall give reasonable opportunity to the person affected to explain as to why sucl 1 order i:: ;10..il::l not bo r:1m.iP Co1',tments iJ: c.,m::i-16:W' [The authority has ilO power under this provlsion to cancel ;:irs-or.dinance 1Juilclina permit, sanctioned by the controlling authority under the earner Bihar Town Planning and Imoroverncnt Trust Act, 195·,, Hanr:hi Club vs. State, ·1973 38CJ 51:.

Power under Section 38 can only be exercised if application had contained ·-·--- ~~~.,,.""n r,r frri11r!ulent statement, later discovered by authority.

Section sa -withdrawal of sanction-section 38 c otnes the Vicf'· Chairmru with the jurisdictlcn to recall, revoke or cancel the sanction, if the sarno is LI out come uf misrepresentation or fraudulent statement or suppression of mate rials facts =-sectlon 38 does not say that the question beyond what are pr-::vide< in section 38 can also be considered by the Vice-Chairman-however, in .=:. Gels, of fraud there is no scope for presumption unless the law permits it - tlw '-).Jli!

which complained to the Vice-Chairman. PROA about psndoncy oi a tills su:t am stay order passed therein was obligr"d to prove posltlvety that puiitionf!rs ha< positive knowledge of the p sndency or ~he title suit and the orders passer therein =-Vioe-Chairman presurrunq that tho petitioners had tho lmowlodge o pendency of suit and stay order v,~thout any positive evidence and witildrawin!

tho sanction acted contrary to law-impugned order set aside. F;lajesh Sing:

Buddhpriya VS. Patna Reg. Dev. Authority, 2002 (2) PLJA. 263.]

30. Orrolec' of stoppaqe of building; in certain t~nse.-(1) Where the erec tion of any building or addition or alteration tl-ierelo has been commenced or i.

heing carried on (but has not been completed) without or contrary to ths sane tion referred to in Section 37 or in contravention of any condition subject t< which such sanction has been accorded· or in contravention of any provisions o this Act. or rei;iulations made thereunder the Vice-Chairman rr.ay, in addition t< any other. act