(1) A town-planning scheme sanctioned under section 14 may at any time be varied or revoked by a subsequent scheme, published and sanctioned in accordance with this Act:
Provided that the municipal council shall be competent to modify a scheme after it has been sanctioned by the *[State Government] under section 14 by an agreement
37. Substituted by the Adaptation Order, 1937.
38. Substituted by Madras Act II of 1930.
Variation or revocation of schemes.
[Act No.VII of 1920] 13 entered into with the persons interested in the scheme and with the concurrence of the *[State Government].
(2) (a) The *[State Government] may, at any time, by notification in the 39[Official Gazette], vary or revoke a scheme sanctioned under section 14.
(b) Before issuing such notification the *[State Government] shall publish in the prescribed manner a draft of such notification together with a notice specifying a date on or after which such draft will be taken into consideration and shall consider any objection or suggestion which may be received in respect of such draft from the council or any person affected by the scheme before the date so specified.]
16. If at any time after the day on which a scheme has come into force such scheme is varied or revoked, any person who has incurred expenditure for the purpose of complying with such scheme shall be entitled to receive compensation from the municipal council in so far as, by reason of the variation or revocation of such scheme, such expenditure has ceased to be in any way beneficial to him.
17. After the publication of a notification under section 10 or section 12, no person shall erect, or proceed with, any building or work on, or enter into or carry out a contract in respect of, land within the area included in the scheme, unless he has applied for, 40[and obtained permission, in cases where a scheme has not been sanctioned, from the municipal council, and in other cases, from a responsible authority]:
39. Substituted by the Adaptation Order, 1937.
40. Substituted by Madras Act II of 1930.
Limitation of compensation payable to person affected by variation or revocation of scheme.
Permission to be taken for construction, etc., after publication of draft scheme.
14 [Act No.VII of 1920]
Provided that, if the council 41[or the responsible authority] omits for three months from the date of receipt of such application, to communicate to the applicant any orders thereon, it shall be deemed to have granted the permission.
18. From the date of the notification of the *[State Government] sanctioning a scheme under section 14, all owners of lands and buildings in the area affected by the scheme who propose to construct or reconstruct or in any way alter or add to buildings shall conform in every particular with the requirements of such scheme ; and no building shall be constructed or reconstructed in any area in which building is expressly forbidden in the scheme, or which is reserved in the scheme for any purpose incompatible with building.
42[18-A. (1) Subject to the provisions of this Act the competent authority shall levy, development charges at such rate as may be prescribed on the institution of use or change of use of land or building or development of any land or building for which permission is required under this Act in the whole area or any part of the development area:
Provided that different rates of development charges may be prescribed for different parts of the development area and for different uses.
(2) Notwithstanding anything contained in sub-section
(1) no development charges shall be levied on the institution of use or change of use of land or building or development of any land or building vested in or under the control or possession of the Central or the State Government or of any local authority.
41. Inserted by Madras Act II of 1930.
42. Sections 18-A and 18-B inserted by Act No.14 of 1996.
Obligation on owners to comply with scheme after sanction.
Power to levy development charges.
[Act No.VII of 1920] 15 18-B. (1) For the purpose of assessing the development charges, the use of land or building shall be classified under the following categories:-
(i) Industrial;
(ii) Commercial;
(iii) Residential;
(iv) Agricultural or conservation and recreational; and
(v) Miscellaneous (other uses).
(2) In classifying the use of land or building under any of the categories mentioned in sub-section (1), the predominant purpose for which such land or building is used shall be the main basis for such classification.]