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Section 57: Development of Housing Colonies outside local area.

The Jammu and Kashmir Development Act, 1970Union territory Act of Jammu and Kashmir · Act 21 of 1970

Notwithstanding anything contained in this Act or in any other law for time being inforce,––

(1) The Authority may undertake development of a housing colony in any area other than a local area and for that purpose prepare with the previous approval of the Government, a plan containing––

(a) a site-plan and use-plan for the development of the colony indicating the approximate locations and extents of land uses, proposed in the colony for such things as public buildings and other public works and utilities, roads, housing recreation, markets, schools, hospitals and public and private open spaces and other categories of public and private uses ;

(b) standards of population density and building density ;

(c) provisions regarding all or any of the following matters, namely :––

(i) the division of any site into plots for the erection of buildings ;

(ii) the allotment or reservation of land for roads, open space, gardens, recreation grounds, schools, market and other public purposes ;

(iii) the erection of buildings on any site and the restrictions and conditions in regards to the open spaces to be maintained in or around buildings and height and character of buildings ;

(iv) the alignment of buildings in the colony;

(v) the architectural features of the elevations or frontage of any building to be erected on any site in the colony ;

(vi) the number of residential buildings, which may be erected on any plot or site ;

(vii) such other matters as may be necessary in connection with the development of a housing colony.

(2) The Authority shall publish the plan, as approved by the Government in the [Government Gazette] and thereupon the provisions of this Act, shall apply to the development of such housing colony subject to the following exceptions and modifications, namely :––

(a) in section 2––

(i) clause (e) shall be omitted ; and

(ii) clause (k) shall be substituted by the following clause, namely :––

“(k) “Zone’ means any area specified in the plan for the development of a housing colony under this section.” ;

(b) in section 3 sub-section (1) shall be omitted ;

(c) sections 7, 8, 9, 10, 12 and 12-A shall be omitted ;

(d) for section 11, the following section shall be substituted, namely:––

“11. The date of publication of the plan in the [Government Gazette] shall be the date of its operation.”

(e) in sub-section (3) of section 14, for the words, brackets, letter and figures “in clause (d) of sub-section (2) of section 8”, the words, brackets, letter and figures “in sub-clause (c) of clause (1) of section 57” shall be substituted ;

(f) in sub-section (2) of section 51 clause (f) shall be omitted ;

(g) in sub-section (1) of section 52 clause (d) shall be omitted ;

(h) in the application of this Act to the development of the housing colony––

(i) the area covered under the plan for the development of the housing colony, shall be deemed to be a duly declared local area ;

(ii) the Development Authority, as may be specified by the Government by notification in the [Government Gazette], shall be deemed to be the Development Authority duly constituted for the housing colony ;

(iii) reference to the master plan or the zonal plan or the plan, with their grammatical variations, wherever occurring, shall be construed as references to the plan under this section ; and

(iv) any reference to local area shall be construed to be the area covered under the plan under this section.]

Where this provision sits

ActThe Jammu and Kashmir Development Act, 1970
Section57
Marginal noteDevelopment of Housing Colonies outside local area.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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