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Section 58

The West Bengal Town And Country ( Planning And Development ) Act, 1979State Act of West Bengal · Act 13 of 1979

(1) A scheme may be made in accordance with the provisions Scope of the l of this Act in respect of any land which is— deve schemoe.

pment

(a) in the course of development,

(b) likely to be used for building and other purposes, or

(c) already built upon.

143 The West Bengal Town and Country (Planning and Development) Act, 1979.

[West Ben. Act (Chapter VIII—Development Schemes.— Section 58.)

Explanation.—The expression 'land likely to be used for building and other purposes' shall include any land likely to be used as, or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreational grounds, parking spaces, or for the purpose of executing any work upon or under the land incidental to a scheme, whether in the nature of a building work or not.

(2) Such schemes may make provisions for all or any of the following matters:—

(a) the laying out or relaying out of land, either vacant or already built upon;

(b) the filling up or reclamation of low lying swamp or land to which damage has been caused by subsidence due to operation of mines or unhealthy areas or levelling up of land;

(c) the laying out of new streets or roads, construction, diversion, extension, alteration, improvement and stopping up of streets, roads and communications;

(d) the reconstitution of plots;

(e) the construction, alteration or removal of buildings, bridges or other structures;

(f) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all kinds;

(g) the undertaking of housing schemes for different income groups, commercial areas, industrial estates, provision of community facilities like schools, hospitals, and similar types of developments;

(h) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal;

(i) lighting;

(j) water supply;

(k) the preservation and protection of objects of historical importance or natural beauty and of buildings actually used for religious purpose;

(1) the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the number, height and character of buildings allowed in specified areas, the purposes for which buildings or specified areas may or may not be appropriate, the sub-division of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking space and loading and unloading space for any building and the size of projections and advertisement signs;

144 The West Bengal Town and Country (Planning and Development) Act, 1979.

XIII of 1979.]

(Chapter V111.—Development Schemes.— Sections 59, 60.)

(m) the suspension, to the extent necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend;

(n) acquisition by purchase, exchange or otherwise of any property necessary for or effected by the execution of the scheme; and

(o) such other matters not inconsistent with the objects of this Act, as may be directed by the State Government.

59. The Scheme shall contain, so far as may be necessary, the following particulars:—

(a) the area, ownership and tenure of all existing plots covered by the scheme;

(b) the land allotted or reserved under clause (f) of sub-section

(2) of section 58 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses;

(c) a full description of all the details of the scheme under such clause of sub-section (2) of section 58 as may be necessary;

(d) the laying out or relaying out of the land either vacant or already built upon;

(e) the filling up or reclamation of low lying swamp or land to which damage has been caused by subsidence due to operation of mines or unhealthy areas or levelling up of land;

(0 the extent to which it is proposed to alter the boundaries of the existing plots in accordance with the proposed schemes;

(g) an estimate of the total cost of the scheme and the net cost to be borne by the Development Authority; and

(h) any other particulars which may be prescribed.

Where this provision sits

ActThe West Bengal Town And Country ( Planning And Development ) Act, 1979
Section58
JurisdictionState of West Bengal
StatusIn force as published by the source

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