Procedure for approval of Change of Land Use (CLU)

PROCEDURE FOR THE CHANGE OF LAND USE IN THE SANCTIONED GENERAL TOWN PLANNING SCHEME (MASTER PLAN) AND AREAS WHICH ARE COVERED BY SANCTIONED GTP SCHEME PROPOSALS (MASTER PLAN) AND FALLS OUTSIDE THE HMDA/UDA/ULB LIMITS  

  1. INTRODUCTION:
  • A Master plan or a Development plan or G.T.P scheme may be defined as a general plan for the future layout of a city showing both, the existing and proposed streets or roads, open spaces, public buildings, land uses such as residential, commercial areas etc.
  1. STATUTORY PROVISIONS: 
  • Preparation of G.T.P Scheme
    • The GTP Scheme is a statutory document which is prepared duly following the provisions and procedures of APTP Act 1920 and rules made there under.
  • Section – 4(1)
    • A Detailed Town Planning Scheme may provide for all Land uses or part of Land use.
  • Section – 9(1)
    • Declaration of intention to make or adopt GTP/DTP scheme by the Municipal Council by a resolution and shall be published by notification in the prescribed manner.
  • Section – 11
    • A copy of every draft scheme with all its enclosures and the maps prepared in connection therewith shall be sent by the Executive Authority of the Municipality, to the Director
    • The same shall be publish under section 11 on the notice board of the municipal office by a notification which shall be called Notification No.2 and shall be in Form No. 12
  • Section – 10
    • Resolution to make or adopt GTP/DTP schemes
  • Section – 12
    • Any notification of the Government under Section 12, published in the Official Gazette, shall be republished by notice in Form No.16
    • On the notice board of the office of the municipal council;
    • On the notice board of the office of every local authority within whose limits any portion of the area included in the scheme is situated; and
    • In one or more newspapers circulating in the district in which such area is situated.
    • The rules contained in Part II, except rules 32 to 34, shall as far as may be, apply to schemes required to be prepared under section 12.
  • Section – 13
    • A Notice in Form No. 13 shall also be published.
    • On the notice board of the office of every local authority within a whole limits any portion of the area proposed to be included in the scheme is situated.
    • In the District Gazette concerned in case the whole or any portion of such area is situated in any district; and
    • In one or more newspapers circulating in the districts in which II such area is situated.

A copy of such notice shall also be pasted up in one or more conspicuous places in or near such area.

  •   Section – 15
    • 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.
    • 15(2) (a) The State Government may, at any time, by notification in the Official Gazette vary or revoke a scheme sanctioned under section 14.
    •    (2) (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.

3.PROCEDURE AND PROCESS OF THE CHANGE OF LAND USE APPLICATION

  • Applicant who desires for Change of Land use shall apply to the Local Body in the prescribed Application Form which is enclosed to this. The details of the information and documents to be submitted along with the application is given in the Application Form.
  • The M.C. shall place the Application along with Technical Remarks in the prescribed format (Part – II) as given below, before the Municipal Council as per section 15(1) of APTP Act for its acceptance for the proposed change of land use in the Master Plan.
  • 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 remarks of the Town Planning Staff (Part – II of the Change of Land use Application and Scrutiny Form).
  • After thorough verification of the proposal the Director of Town and Country Planning shall forward the same to the Government, with his specific technical opinion along with required particulars (Part – III of the Change of Land use Application and Scrutiny Form).
  • Basing on the report of the Local Body and 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 direct the Municipal Commissioner of the Local Body to collect development charges as per G.O.Ms.No.158 M.A., dated: 22-03-1996.
  • The Director of Town and Country Planning will prepare the Revised Part Proposed Land Use Map variation plan (a file copy for understanding is given below) and forward the same to the Govt. along with the draft notification, schedule of boundaries (a file copy for understanding is given below) and details of Development Charges paid (duly obtaining from the Municipal Commissioner) requesting the Government to issue notification.
  • Basing on the information furnished by the Director of Town and Country Planning, a notification (a file copy for understanding is given below) will be published in the State gazette, for calling objections and suggestions 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. Objections and suggestions shall be addressed to Principle Secretary, MA&UD Dept., Secretariat, Hyderabad.
  • If no objection are received within stipulated time Government will issue Confirmation Orders (Final Notification) 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.
  • The Confirmation Orders will be communicated to the ULB/DT&CP for onward intimation to the applicant.

FLOW CHART FOR THE APPROVAL OF CHANGE OF LAND USE