Telangana Town Planning Layout approval authorities.
The municipality, within a defined time limit, has to prepare a Master Plan
Every municipality, within a defined time limit, has to prepare a Master Plan. The plan has to comprise a detailed planning scheme, land pooling scheme, and local area plan. The local area plan has to cover various components like water supply, drainage and sewerage, sanitation, urban green space, and traffic & transport. The master plan would be the guiding principle for the overall development of the town.
Further, for securing the planned development of various areas, a detailed planning scheme or local area plan for specifically identified areas has to be prepared. The detailed planning scheme has to be prepared in conformity with the master plan and covers detailed road networks, urban green space, drainage, water trunk lines, rainwater harvesting structures, and solid waste management aspects in the area.
Layout fees prescribed to the owner to pay
The person or developer who intends to develop a layout (layout owner) has to pay the layout fee, development charges, and other fees and make an application to the municipality along with required documents for its approval. On its approval, the layout owner has to provide the necessary infrastructure and other amenities within the timeframe.
Layout application made online
The layout application has to be made online. It will be processed through a self-certification system by the layout rules, and as per the provisions of the master plan and detailed planning scheme or local area plan. If all required documents are furnished and the required fee is paid through a web-based online system, a tentative layout plan would be approved within 21 days and communicated online to enable the layout owner to carry out the infrastructure and other amenities within the timeframe.
Govt appoints approval committee for every district
The government may constitute a Layout Approval Committee for every district with the District Collector as Chairman and Superintendent Engineers or Executive Engineers of Roads and Buildings Department, Panchayati Raj Department and Irrigation Department as members to process the application for approval of layout plan and release the final layout plan after actual development of the area in conformity with the tentative layout. The whole process of approval of the final layout plan is detailed below and it has to be carried out in the manner prescribed by Government.
-The layout proposal has to comply and conform to the master plan and detailed planning scheme or local area plan regarding land use, road network and reservation of land for public purposes, etc.
-Besides road network, a certain percentage of land is to be reserved towards open space, i.e., parks, playgrounds, common parking places, and social infrastructure for solid waste management, etc. in the layout.
-The layout owner has to complete the infrastructure and other amenities within two years from the date of approval of the tentative layout plan.
-Certain percentage of plotted area for an amount equivalent to carrying out the infrastructure has to be mortgaged with the municipality and it would be released only upon completion of all infrastructure and other works.
-If the layout owner fails to execute the required works within the said time period, the Commissioner will get the left-over works executed within a year, and meet the expenditure by selling the mortgaged plots for an equivalent value. Further, the owner and developer are blacklisted and are not allowed to undertake further layouts in the State either individually or in partnership.
-After completion of infrastructure and other works in the layout plan, all roads and open spaces, such as parks, playgrounds, and common parking area as earmarked in the layout, have to be registered, free of cost and free from all encumbrances, in the name of the municipality, when they vest with the municipality. The Commissioner has to make a record of them in the register of roads and register of open spaces.
-Upon completion of the infrastructure and other works as per the layout plan, the layout owner has to submit an online application along with a self-certified cation duly attested by a licensed technical person, declaring that the layout has been developed as per norms and tentative layout plan, and all roads and open spaces in the layout have been handed over in favor of municipality through a registered gift deed. Based on the self-certification, the approval of the layout plan would be processed and the district-level layout approval committee issues the final layout plan online to the layout owner.
-The development and implementation of the layout would be verified ed by the Committee.
-After the issue of the final layout plan, Commissioner would release the area mortgaged with the municipality to the layout owner within 21 days.
-On the release of the final layout plan, the landowner can dispose of the house plots. Any transaction involving the land which is part of the earmarked road or open space is illegal, and the owner or developer who sells or claims such land for any use is penalized and punished, including imprisonment for a period not exceeding three (3) years.
-No new plot or sub-division be registered by the registration authority unless it is approved by the authority as per the provisions of this Act.
-In case, the layout is obtained by making a false statement or misrepresentation of material facts, it would be revoked.
-Any person or developer who takes up unauthorized development of land without obtaining necessary permission is liable for punishment with imprisonment for a term which may extend to three (3) years, or with a fine which may extend to twenty-five percent (25%) of the value of land in question at the time of using the land as fixed by the Registration Department.
-The developers or occupiers of all unapproved or unauthorized layouts, as on the date of commencement of this Act, have to apply to the Commissioner within a year and cause or carry out necessary developments or amenities. If they fail to do so, the Commissioner will carry out the developments and amenities, and expenses thereof would be recovered from them.
-The official who fails to take timely action is liable for disciplinary action.
