Adoption of scheme sanctioned under the Town Planning Act as Zonal Development Plan

Section 12-A of the Jammu and Kashmir Development Act, 1970 deals with adoption of scheme sanctioned under the Town Planning Act as Zonal Development Plan. –Notwithstanding anything contained in this Act or in the Jammu and Kashmir Town Planning Act, 1963 or in any other law for the time being in force,–– (1) If at any time the Government decides that scheme sanctioned under the Jammu and Kashmir Town Planning Act, 1963 in respect of any area which is The Act came into force on 31 Oct 1970.

¹[12-A. Adoption of scheme sanctioned under the Town Planning Act, 1963 as a zonal development plan.––Notwithstanding anything contained in this Act or in the Jammu and Kashmir Town Planning Act, 1963 or in any other law for the time being in force,––

(1) If at any time the Government decides that scheme sanctioned under the Jammu and Kashmir Town Planning Act, 1963 in respect of any area which is included in a local area under this Act, may be adopted as a zonal development plan under this Act, the Government may, by notification in the ^*[Government Gazette],––

(a) declare the area covered under the plan so adopted as a zone for purposes of this Act ;

(b) adopt such scheme as a zonal development plan in respect of that area for purposes of this Act ; and

(c) specify a date of operation of the zonal development plan so adopted and the name of the place where a copy of the plan may be inspected at all reasonable times.

(2) The Government may by notification also direct that in respect of acquisition of immovable property, if any, required for the purpose of the said zonal development plan, the provisions of Chapter VI of the Jammu and Kashmir Town Planning Act, 1963 shall apply mutatis mutandis as if the said zonal development plan were a scheme for purposes of the said Chapter.

(3) Every zonal development plan adopted under this section shall be deemed to have been validly prepared by the Development Authority and approved by the Government under this Act.

(4) Upon the publication of a notification under sub-section (1) nothing in––

(a) the provisions of Chapters III and IV of this Act ;

(b) the provisions of the Jammu and Kashmir Town Planning Act, 1963 except so far as provided in this section ;

shall apply to any zonal plan but in the application of the other provisions of this Act to such zonal plan––

(i) in section 13 reference to section 11 shall be constructed as reference to clause (c) of such sub-section (1) of this section ;

(ii) in sub-section (3) of section 14, the words, brackets, figures and letter, “in relation to any matter specified in clause (d) of sub-section (2) of section 8 or in relation to any other matter” shall be omitted ; and

(iii) section 16 shall cease to apply as soon as a notification under subsection (2) of this section is issued.

Section 12-A, The Jammu and Kashmir Development Act, 1970 (Act 21 of 1970).