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Section 46: Procedure for preparation, publication and sanctioning of Detailed Town Planning Scheme

The Kerala Town and Country Planning Act 2016State Act of Kerala · Act 9 of 2016

(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or 1[get prepared or adopt with or without modifications] a Detailed Town Planning Scheme and shall notify the intention of the same, in the Official Gazette and in at least one newspaper having wide circulation in the prescribed manner and such notification shall state the boundaries of the planning area and the purpose for which such Plan is intended to be prepared.

1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).

(2) Every Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, in consultation with the 1[Local Self Government Department (Planning)] of the Government having jurisdiction over the area and other Government Departments and agencies, prepare or get prepared 2[or adopt with or without modifications] a draft Detailed Town Planning Scheme for the planning area within two years from the date of notification in the Official Gazette of the intention to prepare the Plan under sub-section (1), after reviewing Plans, if any, prepared earlier, duly approve such plan through resolution of the Council, and publish the draft Detailed Town Planning Scheme in the website 3[of the Local Self Government Institution] and the notice of publication in the Official Gazette and in at least two newspapers having wide circulation in the local planning area, of which one must be in the regional language, specifying the place or places where a copy of the same is available for inspection and also inviting objections and suggestions to be submitted within sixty days from the date of publication of the notice in the Official Gazette.

(3) Immediately after a Detailed Town Planning Scheme is published under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall forward a copy of the published Detailed Town Planning Scheme to the District Planning Committee and Metropolitan Planning Committee, if any, and the District Planning Committee or the Metropolitan Planning Committee may, as far as possible, within sixty days from the date of the receipt of such Detailed Town Planning Scheme furnish their remarks, if any, on such Detailed Town Planning Scheme to Government.

(4) After the expiry of the period allowed under sub-section (2) for filing objections and suggestions, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall consider all the objections and suggestions received and shall after allowing a reasonable opportunity of being heard, to any person who has made a request for being so heard, make such modifications in the Detailed Town Planning Scheme as it considers proper, as far as possible, within a period of sixty days from the time limit prescribed for receiving objections and suggestions under sub-section (2) and shall submit the Detailed Town Planning Scheme with or without modifications, together with all objections and suggestions in original, for sanction of the Government 4[through the Chief Town Planner].

5[Provided that the Chief Town Planner shall forward such plans to the Government within sixty days along with the remarks that whether such plans are in accordance with other plans under this Act and also with respect to any other matter pertaining to the Plan.]

(5) The Government may, as far as possible, within sixty days from the date of the receipt of such Detailed Town Planning Scheme after considering remarks, if any, received from the District Planning Committee and the Metropolitan Planning Committee

1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).

2. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).

3. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).

4. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).

5. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).

and 1 [ suggestions of] the Chief Town Planner, either accord sanction with or without modifications or refuse such sanction specifying reasons thereof:

Provided that if the Detailed Town Planning Scheme is returned for incorporating modifications, if any, suggested by the Government, the modified Detailed Town Planning Scheme shall be resubmitted within ninety days for sanction as if the same is submitted afresh under this Act.

(6) Immediately after a Detailed Town Planning Scheme is sanctioned by the Government under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall notify the fact of sanctioning of the Detailed Town Planning Scheme in the Gazette and publish a notice in at least one local newspaper having wide circulation mentioning the place or places where a copy of the same shall be available to the public for reference or for sale. The sanctioned Detailed Town Planning Scheme shall also be published in the website of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned. The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall also forward a copy of the sanctioned Detailed Town Planning Scheme to the District Planning Committee and Metropolitan Planning Committee.

2[(7) In cases where a sanctioned Detailed Town Planning Scheme already exists, its provisions shall apply until the Detailed Town Planning Scheme published in accordance with the provisions of the Act is sanctioned.]

Where this provision sits

ActThe Kerala Town and Country Planning Act 2016
Section46
Marginal noteProcedure for preparation, publication and sanctioning of Detailed Town Planning Scheme
JurisdictionState of Kerala
StatusIn force as published by the source

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