Contents of preliminary and final scheme

Section 69 of the Andhra Pradesh Capital Region Development Authority Act, 2014 deals with contents of preliminary and final scheme. In a preliminary scheme, the Planning Officer shall,- (a) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for the purpose of the Authority and the recons

Contents of preliminary and final scheme:

(1) In a preliminary scheme, the Planning Officer shall,- (a) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for the purpose of the Authority and the reconstituted plot/land;

(b) after giving notice as aforesaid, determine in a case in which a reconstituted plot/land is to be allotted to persons in ownership in common, the shares of such persons;

(c) provide for the total or partial transfer of any right in an original plot to a reconstituted plot or provide for the transfer of any right in an Original Plot in accordance with the provisions of the Act;

(d) determine the period within which the works provided in the scheme shall be completed by the Authority.

(2) The Planning Officer shall submit the preliminary scheme so prepared to the government for sanction and shall thereafter prepare and submit to the government the final scheme in accordance with the provisions of sub-section (3).

(3) In the final Scheme, the Planning Officer shall,- (a) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the provisions of clause (c) of sub-section (1) of section 95;

(b) determine whether the areas used, allotted or reserved for a public purpose or purposes of the Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;

(c) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;

(d) calculate the contribution to be levied under sub-section (1) of section 97, on each plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;

(e) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section 96; POCOCK (f) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of section 97;

(g) calculate the contribution to be levied on each plot included in the final scheme;

(h) determine the amount to be deducted from, or added to, as the case may be, the contribution to be levied from a person in accordance with the provisions of section 97;

(i) estimate with reference to claims made before him after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously affected by the making of the Town Planning Scheme in accordance with the provisions of section 100;

(j) draw in the prescribed from the preliminary and the final scheme in accordance with the draft scheme:

Provided that the Planning Officer may make variation from the 'sanctioned draft scheme', but no such variation, if it is of a substantial nature, shall be made except with the previous sanction of the Government, and except after hearing the Authority and any owners who may raise objections.

Explanation :- (i) For the purpose of this proviso "variation of a substantial nature" means a variation which is estimated by the Planning Officer to involve an increase of ten percent in the costs of the scheme as stated in section 95, on account of the provisions of new works or the allotment of additional sites for public purposes included in the preliminary scheme drawn up by the Planning Officer.

(ii) If there is any difference of opinion between the Planning Officer and the Authority as to whether a variation made by the Planning Officer is of substantial nature or not, the matter shall be referred by the Authority to the Government whose decision shall be final.

Section 69, The Andhra Pradesh Capital Region Development Authority Act, 2014 (Act 11 of 2014).