The Delhi Development (Master Plan And Zonal Development Plan) Rules, 1959
Published vide G.S.R. 1348, dated 5th December, 1959, published in the Gazette of India
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In exercise of the powers conferred by sub-section (1) of section 56 of the Delhi Development Act, 1957 (61 of 1957), read with clauses (e), (g) and (r) of sub-section (2) of that section, the Central Government hereby makes the following rules, namely:- CHAPTER I
General
1. Short title and commencement. - (1) These Rules may be called the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959. (2) They shall come into force on such [date] as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions. - In these Rules, unless the context otherwise requires,- (i) "Act" means the Delhi Development Act, 1957 (61 of 1957);
(ii) "Authority" means the Delhi Development Authority constituted under section 3 of the Act; and
(iii) "Advisory Council" means the Council constituted under section 5 of the Act.
CHAPTER II
Survey, Form And Content Of The Master Plan
3. Civic Survey. - The civic survey to be carried out by the Authority may include survey and analysis of the physical, economic and sociological features of Delhi, with reference to natural resources distribution of a population, industry, communications, housing requirements and such other matters as in the opinion of the Authority, relate to the development of Delhi. 4. Form and contents of Master Plan. - (1) The draft master plan shall, subject to the provisions of sub-section (2) of section 7 of the Act, consist of such maps, diagrams, charts, reports and other written matter of an explanatory or descriptive nature as pertain to the development of the whole or any part of Delhi. (2) The written matter forming part of the draft master plan shall include such summary of the main proposals and such descriptive matter as the Authority may consider necessary to illustrate or explain the proposal indicated by maps, charts, diagrams and other documents. (3) The draft matter plan may include all or any of the following: - (a) reports of the survey and analysis of the socio-economic features of Delhi with special reference to the trends of growth of population, industries, business, commerce and such other matters as may relate to planned development;
(b) "a land use plan" based upon such survey of the present use of land as may be necessary as well as analysis of estimated future needs and consisting of comprehensive proposals for the most desirable utilisation of land such as land agricultural, government, commercial, industrial, residential, cultural, educational, recreational, transportation and other activities;
(c) "a transit and transportation plan" based upon reports of survey and inventory of volume of traffic and capacity of existing roads, highways and consisting of proposals for a system of street roads, highways and parking, loading, unloading and terminal facilities;
(d) "a public utilities plan" consisting of proposals for provision of water, electricity, drainage and disposal of sewage and refuse;
(e) "a housing plan" consisting of estimates of housing requirements and proposals relating to standards of new housing units;
(f) reports of survey and proposals for elimination of slums and blighted area;
(g) "education, recreation and community facilities plan" indicating proposals for parks, open spaces, recreational, educational and cultural centres;
(h) "a financial plan" containing capital improvement programme, estimate of revenues and resources, estimates and objective of public services any such other fiscal matters and proposals for the implementation in stages of the master plan;
(i) "An administration Plan" consisting of proposals and recommendations for the administrative structure and procedure and processes such as zoning, sub-division and building regulations as may be necessary for the implementation and periodic review of the plan; and
(j) such other reports on specific development plans, satellite township schemes, industrial estate schemes, relocation of rehousing schemes, or improvement programmes or any specified purpose as in the opinion of the Authority are necessary or desirable for the planned development of Delhi.
(4) In the case of any contradiction between the particulars of proposals shown on one map and shown on any other map or maps in respect of any land to which the draft Master Plan relates, the map which is to a larger scale shall prevail, and in case of any such contradiction between any map and the written statement the latter shall prevail. CHAPTER III
Procedure For Preparation Of Master Plan
5. Public Notice regarding preparation of Master Plan. - (1) As soon as may be after the draft master plan has been prepared, the Authority shall publish a public notice stating that - (a) the draft Master Plan has been prepared and may be inspected by any person at such time and place may be specified in those notice;
(b) suggestions and objections in writing, if any, in respect of the draft master plan may be filed by any person with the secretary of the Authority within 90 days from the date of first publication of the notice.
[Provided that where the Central Government considers it expedient so to do for the purpose of maintenance of public order or in case of any exigency likely to affect the interest of the public it may require such suggestions and objection to be filed within in period of three days from the date of the notice] (2) This notice may be in Form A appended to these rules without modification with. such modification as may be necessary. 6. Mode of Publication of Public Notice. - The Authority shall cause the said notice to be published in the manner prescribed by section 44 of the Act and may also cause it to be published in the Official Gazette. 7. Notice to and representation from local authorities. - The Authority shall cause a copy of the notice referred to in rule 6 to be sent to every local authority within whose limits any land touched by the plan is situate, and such local authority may, within a period of 90 days from the date of the notice [or within a period of three days under the circumstances mentioned inthe proviso to clause (b) of rule 5] make any representation with respect to the plan to the Authority. 8. Appointment of Board for enquiry and hearing. - (1) The Authority shall, for hearing and considering any representation, objection and suggestion to the draft master plan, appoint a Board consisting of not less than 3 and not more than 5 members of the Authority. Provided that such Board shall have powers to co-opt not more than 2 members from amongst the members of the Advisory Council. [(2) No business of the Board shall be transacted at any meeting unless at least three members are present from the beginning to the end of the hearing.] 9. Enquiry and hearing. - The secretary shall, after the expiry of the period allowed under these rules for making objections, representations and suggestions fix a date or dates for hearing by the Board of any person, or local authority in connection with any objection, representation or suggestion made by such person or local authority in respect of the draft master plan and shall serve on the local authority or any person who may be allowed a personal hearing in connection with such representation, objection or suggestion to the draft master plan, a notice intimating the time, date and place of the hearing. Provided that the Board may disallow personal hearing to any person, if it is of the opinion that the objection or suggestion made by such person in inconsequential, trivial or irrelevant. 10. Report of Enquiry. - The Board shall after the conclusion of its enquiry, submit to the Authority a report of its recommendations. 11. Preparation of final draft Master Plan and its submission to Central Government. - The Authority shall, after considering the report of the Board and any other matter it thinks fit, finally prepare the master plan and submit it to the Central Government for its approval. 12. Amendment of Master Plan. - The Authority may amend the whole or any part of the master plan, if necessary, at the expiry of every five years in accordance with the procedure prescribed by the Act and these rules as if the proposed amendment were new master plan. Provided that if the Authority is of opinion that having regard to the circumstances prevailing at any particular time it is necessary so to do, it may amend the master plan or any part thereof at any time prior to the expiry of the said period, in accordance with the aforesaid procedure. Provided further that the Authority may, without following the aforesaid procedure, but with the prior approval of the Central Government, permit on receipt of an application in this behalf, any change in the size of public parks and recreation grounds not exceeding ten per cent either way of the approved size. 13. Approval of Central Government to Amendment of Master Plan. - (1) Amendment of the master plan shall not take effect unless approved by the Central Government. (2) Immediately after an amendment has been approved the Central Government the Authority shall publish in such manner as may be prescribed by regulations a notice stating that the amendment has been approved and naming a place where a copy of the amendment may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice the amendment shall come into operation. CHAPTER IV
Zonal Development Plans
14. Contents of zonal development plans [Section 56(2)(a)]. - A zonal development plan may also include any of the contents that from part of the Master Plan. 15. The provisions of Rules 5 to 13 relating to the Master Plan shall apply mutatis mutandis to the zonal development plan. FORM A
Notice under section 10(1) of the Delhi Development Act, 1957 (61 of 1957) read with rule 5 of the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959, of the preparation and publication of the draft of the Master Plan for the Union Territory of Delhi.* Notice is hereby given that - (a) a draft of a Master Plan for the Union Territory of Delhi [*] has been prepared; and
(b) a copy thereof will be available for inspection at the office of the Delhi Development Authority, Regal Building, New Delhi between hours, of 11 A.M. on all working days except Saturdays, till the date mentioned in Para 3 hereinafter.
2. Objections and suggestions are hereby invited with respect to this draft plan. 3. The objection or suggestion may be sent in writing to the Secretary, Delhi Development Authority, Regal Building, New Delhi, before the ...................... day of ............20....... Any person making the objection or suggestion should also give his name and address ..................... New Delhi
Dated ............. Day of ................ 20.........
SECRETARY
Delhi Development Authority
