The Govt. is Competent to make any variation or revocation of Scheme (G.T.P. Scheme) as per the provisions under Section 15 of APTP Act 1920 which reads as follows:
15(1) A town planning scheme sanctioned under section 14 may at any time be varied or revoked by 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 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 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.
(i). The land owner shall make an application for Change of Land Use. to the Municipal Commissioner duly enclosing attested copies of ownership document, site plan, topo-plan showing surrounding developments, FMB sketch, Encumbrance certificate, extract of Base Map and Master Plan showing the site under reference.
(ii). The M.C. shall place the proposal before the municipal council as per section 15(1) of APTP Act (with detailed remarks of the Town Planning Staff) for its acceptance for the proposed change of land use in the Master Plan.
(iii). The proposal shall be forwarded (under section 15(2)(a) to the Government through the Director of Town and Country Planning along with council resolution and technical and technical remarks of the Town Planning Staff.
(iv). After thorough verification of the proposal the Director of Town and Country Planning a hall forwarded the same to the Government, with his specific technical opinion along with required particulars.
(v). Basing on the recommendations of the Director of Town and Country Planning, Govt. if agrees for change of land use in principle, a Memo will be issued requesting the Director of Town and Country Planning for submission of draft variation plan and schedule of boundaries and directing the Municipal Commissioner to collect development charges as per G.O.Ms.No.158 M.A., dated 22-3-1996.
(vi). The Director of Town and Country Planning will prepare the variation plan (G.T.P.No.) and forward the same to the Govt. along with the draft notification, schedule of boundaries and details of D.C. paid (duly obtaining from the Municipal Commissioner) requesting the Government to issue notification.
(vii). Basing on the information furnished by the Director of Town and Country Planning, a notification will be published in the State gazette, specifying a date (15 days from the date notification) on or after which such draft will be taken into consideration and shall consider any objection or suggestion received in respect of such draft from the council or any person affected by the scheme before the date so specified under sub- section (2) of section 15 of APTP Act 1920.
(viii) If no objection are received within stipulated time Government will issue confirmation orders to the said change of land use and the same will be published in the official Gazette, under section 15 (1) of APTP Act 1920.
(ix) The confirmation orders will be communicated to the applicant by the Municipal Commissioner.
The issue that have been debated in last SIPU meeting is that, there is considerable delay in obtaining council resolution for change of land use as per Section 15 (1) of APTP Act 1920 required for Change of Land Use.
It is experienced that the Municipal Council either do not take up the subject or postpone the subject due to various reasons causing delay.
It may be made mandatory for the Municipal Council to pass resolution within 30 days failing which it is deemed to have been agreed for the proposal, to avoid delay and hardship.