The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 60, Vol. XXXIII, Naharlagun, Friday, March 6, 2026, Phalguna 15, 1947 (Saka)

ARUNACHAL PRADESH

LEGISLATIVE ASSEMBLY SECRETARIAT

ITANAGAR

————

NOTIFICATION

The 6th March, 2026

No. LA/Bill-6/2026.—The following Bill introduced in the Arunachal Pradesh Legislative

Assembly on the 6th March, 2026 is published under Rules 73 of the Rules of Procedure and

Conduct of Business in Arunachal Pradesh Legislative Assembly for general information.

(As introduced in the Legislative Assembly on the 6th March, 2026)

BILL NO. 2 OF 2026

THE ARUNACHAL PRADESH URBAN AND COUNTRY PLANNING

(AMENDMENT) BILL, 2026

A

BILL

further to amend the Arunachal Pradesh Urban and Country Act, 2007 (No. 3 of 2008).

BE, it enacted by the Legislative Assembly of Arunachal Pradesh in the seventy-seventh

year of Republic of India as follows : -

1.

(1)

This Act may be called the Arunachal Pradesh Urban and

Country (Amendment) Act, 2026.

(2)

It shall come into force on the date of its publication in the

Official Gazette.

2.

In the Arunachal Pradesh Urban and Country Act, 2007

(Act No. 3 of 2008) hereinafter referred to as the principal Act,

after sub-section (XXIX) of Section 2, the following sub-sections

shall be inserted namely : -

(xxx)

"Development Control Regulation" means regulations for

development in proposed zones.

(xxxi)

"final plot" means a plot reconstituted from an original

plot and allotted in a town planning scheme as a final

plot ;

(xxxii)

"local area plan" means a statutory planning mechanism

to guide and facilitate re-development of already developed

areas of the city in a systematic and organised manner ;

(xxxiii) “operational construction" means any construction whether

temporary or permanent, which is necessary for the

operation, maintenance, development or execution of any

of the following services, namely : -

(a)

Railway ;

(b)

National highway ;

(c)

National waterways ;

(d)

Major ports ;

Short title and

Commence-

ment and

application.

Amendment

of Section.

2 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

(e)

Airways and aerodromes ;

(f)

Posts and telegraphs, telephone, wireless,

broadcasting and other like forms of communication ;

(g)

Regional grid for electricity ;

(h)

Any other service which the State Government may,

if it is of opinion that the operation, maintenance,

development or execution of such service is essential

to the life of the community, by notification, declare

to be a service for the purposes of this clause.

Explanation - For the removal of doubts, it is hereby

declared that the construction of-

(a)

New residential buildings (other than gate,

lodges, quarters for limited essential operational

staff and the like) roads and drains in railway

colonies, hotels, clubs, institutes and schools,

in the case of railways ; and

(b)

A new building new structure or new installation

or new extension thereof, in the case of any other

service,

(xxxiv) "outgrowth" means expansion of city/ town taken place

beyond the statutory (Municipalities or Census town

or city) limits but it is not qualified as an independent

town.

(xxxv) "owner" in relation to any property includes any person

who is, for the time being, receiving or entitled to receive,

whether on his own account or on account of or on behalf

or, or for the benefit of, any other person or as an agent,

trustee, guardian, manager or receiver for any other person

or for any religious or charitable institution, the rents or

profits of the property; and also includes a mortgagee in

possession thereof ;

(xxxvi) "plot" means a portion of land held in one ownership and

numbered and shown as one plot in a town planning scheme ;

(xxxvii) "reconstituted plot" means a plot which is in any way

altered by the making of town planning scheme ;

Explanation - For the purposes of this clause "altered"

includes the alteration of ownership of a plot.

(xxxviii) "Regional Plan" means a plan for the region prepared

under this Act and approved by the State Government ;

(xxxix) "residence" includes the use for human habitation of any

land or building or part thereof, the use of gardens, grounds,

garages, stables and out-houses, if any appertaining to

such land or building and the expression "residential" shall

be construed accordingly ;

(xl)

"scheme" means a town planning scheme prepared under

this Act, and includes a plan or plans, together with the

descriptive matter, if any, relating to such scheme ;

(xli)

"site plan" means a detailed architectural drawing that

exhibits the form, location and orientation of a building on

a site.

(xlii)

"sponge city" means an area that acts like a sponge,

soaking up and retaining water during rain and storms

and releasing it slowly.

(xliii)

"Town Planning Scheme" means a comprehensive plan

for a particular area within the framework of the

Development Plan/ Master Plan, if any or for the local

planning area. The planning process consists of merging

and redistribution of land parcels in the urban expansion

zone.

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 3

(xliv)

"Transit Oriented Development" is the integration of land use

with Transport Systems, which is essentially any

development, macro or micro that is focused around a transit

node, and facilitates complete ease of access to the transit

facility thereby inducing people to prefer walk and use public

transport over personal modes of transport ;

(xlv)

"Transferable Development Right" means a development

right to transfer the potential of a plot designated for a

public purpose in a plan under this Act, expressed in terms

of total permissible built-up space calculated on the basis

of floor area ratio allowable for that plot, for utilization by

the owner himself/herself or by way of transfer by him/her

to someone else from the present location to a specified

area in the plan as additional built-up space over and above

the permissible limit in lieu of compensation for the

surrender of the concerned plot free from all encumbrances

to the Urban Local Body (ULB) Development Authority.

(xlvi)

"urban areas" means a human settlement with a high

population density and an infrastructure of built

environment.

(xlvii)

"zonal plan" - A Zonal Development Plan means a plan for

each Zone (Division) containing information regarding the

provision of social infrastructure, parks and open spaces,

circulation system etc.

(xlviii)

"zoning regulation" means regulation for the use of land,

buildings built thereon, consistent with maintain the

minimum standard of density of building, protection of open

spaces, sanitation and environmental hygiene etc. for the

different zones proposed in the Zoning Plan of the

Development Plan.

3.

In the principal Act, after Section 38, following chapter and

sections shall be inserted.

“Chapter- VII-1

Town Planning Scheme

(1)

Subject to the provisions of this Act or any other law for the

time being in force-

(i)

a Local Planning Authority may for the purpose of

implementing the proposals in the final Development plan

or in respect of any land which is likely to be in the course

of development or which is already built upon, prepare one

or more town planning schemes for the area within its

jurisdiction, or any part thereof ;

(ii)

a town planning scheme may make provision for any of the

following matters, that is to say :

(a)

any of the matters specified in sub- section (2) of Section 18

and sub-section (2) of Section 19 of the Act ;

(b)

the laying out or re-laying out of land, either vacant or

already built upon, including areas of comprehensive

development ;

(1)

the filling-up or reclamation of low-lying, swampy

or unhealthy area, or levelling-up of land ;

(2)

layout of new streets or roads, construction,

diversion, extension, alteration, improvement and

closing up of streets and roads and

discontinuance of communications ;

(3)

the construction, alteration and removal of

buildings, bridges and other structures ;

(4)

the allotment or reservation of land for open spaces,

gardens, recreation grounds, schools, markets,

green-belts, dairies, transport facilities and public

purposes of all kinds ;

Insertion of

New Chapter

VII-1 and

sections.

Preparation

of town

planning

schemes.

38A.

4 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

(5)

drainage, inclusive of sewerage, surface or sub-

soil drainage and sewage disposal ;

(6)

lighting ;

(7)

water supply ;

(8)

the preservation of objects of historical or national

interest or natural beauty, and of building actually

used for religious purposes ;

(c)

the suspension, as far as may be necessary for the

proper carrying out of the scheme, of any rule, bye-law,

regulation, notification or order made or issued under

any law for the time being in force which the Legislature

of the State is competent to make ;

(d)

such other matter not inconsistent with the object of

this Act, as may be directed by the State Government.

(2)

In making provisions in a draft town planning

scheme for any of the matters referred to in clause

(ii) of sub-section (1), it shall be lawful for a Local

Planning Authority with the approval of the Director

of Town Planning/ Chief Town Planner and subject

to the provisions of Section 38J to provide for

suitable amendment of the Development Plan/

Master Plan.

(1)

A Local Planning Authority may by resolution declare its intention

to make a town planning scheme in respect of any part of the

area within its jurisdiction.

(2)

Not later than thirty days from the date of such declaration of

intention to make a scheme hereinafter referred to as the

declaration, the Local Planning Authority shall publish the

declaration in the Official Gazette, and in such other manner as

may be prescribed and despatch a copy thereof (together with a

copy of the plan showing the area to be included in the scheme)

to the State Government or to the Director of Town Planning/ Chief

Town Planner.

(3)

A copy of the plan shall be opened for inspection of the public at

all reasonable hours at the head office of the Local Planning

Authority.

(1)

Not later than nine months from the date of the declaration, subject,

however, to sub-section (3) of Section-38C, the Local Planning

Authority shall, in consultation with the Director of Town Planning/

Chief Town Planner, make a draft scheme for the area in respect

of which the declaration was made, and publish a notice in the

Official Gazette, and in such other manner as may be prescribed

stating that the draft scheme in respect of such area has been

made. The notice shall state the name of the place where a copy

thereof shall be available for inspection by the public and shall

also state that copies thereof or any extract therefrom certified to

be correct shall be available for sale to the public at a reasonable

price.

(2)

If the Local Planning Authority fails to make a draft scheme and

publish a notice regarding its making within the period specified in

sub-section (1) or within the period extended under sub-section

(3), the declaration shall lapse, unless the State Government

appoints an Officer to prepare and submit the draft scheme to the

State Government on behalf of the Local Planning Authority not

later than [nine months] from the date of such appointment or the

extended period under sub-section (3); but any such lapse of

declaration shall not debar the Local Planning Authority from making

a fresh declaration any time in respect of the same area.

(3)

The State Government may, on application made by the Local

Planning Authority or, as the case may be, the officer, by

notification in the Official Gazette, extend the period specified in

sub-section (1) or (2) by such period not exceeding [three months]

as may be specified in the notification.

Power of

Local

Planning

Authority to

resolve on

declaration

of intention

38B

Preparation

and

publication of

draft scheme

(by means of

notice)

38C

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 5

If at any time before a draft scheme is prepared and submitted to the

State Government for sanction, the Local Planning Authority or the

officer is of the opinion, or on any representation made to it or him/

her that an additional area be included within the said scheme, the

Local Planning Authority or the officer may, after informing the State

Government and giving notice in the Official Gazette, and also in one

or more local newspapers, include such additional area in the scheme;

and thereupon, all the provisions of Sections 38A, 38B and 38C shall

apply in relation to such additional area as they apply to any original

area of the scheme and the draft scheme shall be prepared for the

original area and such additional area and submitted to the State

Government for sanction.

(1)

Notwithstanding anything contained in this Act, the State

Government may, in respect of any Local Planning Authority

after making such inquiry as it deems necessary, direct that

Authority to make and submit for its sanction, a draft scheme in

respect of any land in regard to which a town planning scheme

may be made after a notice regarding its making has been duly

published in the prescribed manner.

(2)

If the Local Planning Authority fails to make the declaration of

intention to make a scheme within three months from the date

of direction made under sub-section (1), the State Government

may by notification in the Official Gazette, appoint an officer to

make and submit the draft scheme for the land to the State

Government after a notice regarding its making has been duly

published as aforesaid and thereupon the provisions of

Sections 38B, 38C and 38D shall, as far as may be applicable,

apply to the making of such a scheme.

A draft scheme shall contain the following particulars so far as may

be necessary, that is to say, -

(1)

the ownership, area and tenure of each original plot ;

(2)

reservation, acquisition or allotment of land required under

sub-clause (ii)(a) of sub-section (1) of Section 38A with a

general indication of the uses to which such land is to be

put and the terms and conditions subject to which, such

land is to be put to such uses ;

(3)

the extent to which it is proposed to alter the boundaries of

the original plots by reconstitution ;

(4)

an estimate of the total cost of the scheme and the net

cost to be borne by the Local Planning Authority ;

(5)

a full description of all the details of the scheme with respect

to such matters referred to in clause (ii) of sub-section (1)

of Section 38A as may be applicable ;

(6)

the laying out or re-laying out of land either vacant or already

built upon including areas of comprehensive development ;

(7)

the filling up or reclamation of low-lying swamp or unhealthy

areas or levelling up of land ;

(a)

the allotment of land from the total area covered under

the scheme, to the extent of, -

(i)

the reservation of land to the extent of ten per

cent. of the total area covered under the scheme,

for the purpose of providing housing

accommodation to the members of economically

weaker section and for lower income group and

for persons dispossessed in the scheme ;

(ii)

the allotment of land to the extent of forty per

cent of the total area covered under the scheme,

in the aggregate, for any or all of the following

purposes, namely

Inclusion

of

additional

area in

draft

scheme

38D

Power of

State

Government

to require

Local

Planning

Authority to

make

scheme :

38E

Contents of

draft

scheme.

38F

6 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

(1)

for roads ;

(2)

for parks, playgrounds, garden and open spaces ;

(3)

social infrastructure such as schools, dispensary, fire brigade

and public utility place ;

(4)

sale by Local Planning Authority for residential,

commercial or industrial use depending upon the nature

of development :

Provided that, -

(i)

the proceeds from the sale of land referred to in

sub-clause 4(ii) of clause (a) of sub-section (7)

shall be used for the purpose of providing

infrastructural facilities in the area covered under

the scheme ;

(ii)

the use of land allotted for the purposes referred

to in 2 of clause (a) of sub- section (7) shall not

be changed by variation of scheme for a purpose

other than the purpose for which it is so allotted ;

(iii)

the land allotted for the purposes referred to in

sub-clause 3 of clause (a) of sub-section (7) may

be allowed to be developed, without variation of

scheme, for any public purpose not contrary to

the intent of the provisions of the draft scheme.

(8)

any other prescribed particulars.

(1)

In the draft scheme, the size and shape of every reconstituted

plot shall be determined, so far as may be, to render it suitable

for building purposes and where a plot is already built upon, to

ensure that the buildings as far as possible comply with the

provisions of the scheme as regards open spaces.

(2)

For the purpose of sub-section (1), a draft scheme may contain

proposals-

(a)

to form a final plot by reconstitution of an original

plot by alteration of the boundaries of the original

plot, if necessary ;

(b)

to form a final plot from an original plot by the transfer

wholly or partly of the adjoining lands ;

(c)

to provide, with the consent of the owners, that two or

more original plots each of which is held in ownership

in severally or in joint ownership shall hereafter, with

or without alteration of boundaries be held in

ownership in common as a final plot ;

(d)

to allot a final plot to any owner dispossessed of

land in furtherance of the scheme ; and

(e)

to transfer the ownership of an original plot from one

person to another.

Where under clause (ii)(a) of sub-section (1) of section 38A the

purposes to which the buildings or areas may not be appropriated

have been specified, then the building or area shall cease to be used

for a purpose other than the purposes specified in the scheme within

such time as may be specified in the final scheme ; and the person

affected by this provision shall be entitled to such compensation,

from the Local Planning Authority as may be determined by the

Arbitrator :

Provided that, in ascertaining whether compensation be paid,

the time within which the person affected was permitted to change

the user shall be taken into consideration.

Reconstituted

plot

38G

Compensa-

tion for

discontinua-

nce of use

38H

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 7

If within thirty days from the date of the publication of notice regarding

the preparation of the draft scheme, any person affected thereby

communicates in writing any objection relating to such scheme, the

Local Planning Authority, or the officer appointed under sub-section (2)

of Section 38 C or Section 38E shall consider such objection and

may, at any time before submitting the draft scheme to the State

Government as hereinafter provided, modify such scheme as it or he/

she thinks fit.

(1)

The Local Planning Authority or, as the case may be, the officer

aforesaid shall, not later than [three months] from the date of the

publication of the notice in the Official Gazette, regarding the

making of the draft scheme, submit the same with any

modifications which it or he/she may have made therein together

with a copy of objections received by it or him /her to the State

Government and shall at the same time apply for its sanction.

(2)

On receiving such application, after making such inquiry as it

may think fit and consulting the Director of Town Planning/Chief

Town Planner, the State Government may, not later than [three

months] from the date of its submission, by notification in the

Official Gazette, either sanction such draft scheme with or without

modifications and subject to such conditions as it may think fit

to impose or refuse to give sanction.

(3)

If the State Government sanctions such scheme, it shall in such

notification state at what place and time the draft scheme shall

be open to the inspection of the public and the State Government

shall also state therein that copies of the scheme or any extract

therefrom certified to be correct shall on application be available

for sale to public at a reasonable price.

(1)

Where a draft scheme has been sanctioned by the State

Government under sub-section (2) of Section 38J (hereinafter in

this section, referred to as "the sanctioned draft scheme"), all

lands required by the Appropriate Authority for the purposes

specified in sub-clauses (b)(2), (b)(5), (b)(6) and (b)(7) of clause

(ii) of sub-section (1) of Section 38A shall vest absolutely in the

Appropriate Authority free from all encumbrances.

(2)

Nothing in sub-section (1) shall affect any right of the owner of

the land vesting in the Appropriate Authority under that sub-

section.

(3)

The provisions of Sections 38 ZF and 38ZG shall, mutatis

mutandis applies, to the sanctioned draft scheme as if, -

sanctioned draft scheme were a preliminary scheme.

(1)

On or after the date on which a declaration of intention to make

a scheme is published in the Official Gazette-

(a)

no person shall within the area included in the scheme,

institute or change the use of any land or building or carry

out any development, unless such person has applied for

and obtained the necessary permission which shall be

contained in a commencement certificate granted by the

Local Planning Authority in the prescribed form ;

(b)

the Local Planning Authority on receipt of such application

shall at once furnish the applicant with a written

acknowledgment of its receipt, and

(i)

in the case of a Local Planning Authority other than a

municipal corporation, after inquiry and where an

Arbitrator has been appointed in respect of a draft

scheme after obtaining his/her approval ; or

(ii)

in the case of a municipal corporation/council, after

inquiry, may either grant or refuse such certificate, or

grant it subject to such conditions as the Local Planning

Authority may, with the previous approval of the State

Government thinks fit to impose.

(2)

If a municipal corporation gives permission under clause

(b) of sub-section (1), it shall inform the Arbitrator/State

Government accordingly, and shall send him/her a copy of

the plan :

Objections

to draft

scheme to

be

considered

38 I

Power of

State

Government

to sanction

draft scheme

38J

Effect of

sanction draft

scheme

38K

Restrictions

on use and

development

of land after

declaration

for town

planning

scheme

38L

8 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

Provided that, a municipal corporation/council shall not grant

a commencement certificate for any purpose which is in conflict

with the provisions of the draft scheme, unless the corporation/

council first obtains concurrence of the Arbitrator/State

Government for the necessary change in the proposal of the

draft scheme.

(3)

If a Local Planning Authority communicates no decision to

the applicant within two months from the date of such

acknowledgment, the applicant shall be deemed to have

been granted such certificate.

(4)

If any person contravenes the provisions contained in clause

(a) or clause (b) of sub-section (1), the Local Planning

Authority may direct such person by notice in writing to

stop any development in progress, and after making inquiry

in the prescribed manner, remove, pull down or alter any

building or other development or restore the land in respect

of which such contravention is made to its original condition.

(5)

Any expense incurred by the Local Planning Authority under

sub-section (4) shall be a sum due to the Local Planning

Authority under this Act from the person in default or the

owner of the plot.

(6)

The provisions of Chapter VII shall, mutatis mutandis apply

in relation to the development and use of land included in a

town planning scheme in so far as they are not inconsistent

with the provisions of the Chapter.

(7)

The restrictions imposed by this Section shall cease to

operate in the event of the State Government refusing to

sanction the draft scheme or the final scheme or in the

event of the withdrawal of the scheme under section 38ZD

or in the event of the declaration lapsing under sub-section

(2) of Section 38C.

(1)

Where a Local Planning Authority has published a declaration

under Section 38C the State Government may, on an application

of the Local Planning Authority by order published in the Official

Gazette, suspend to such extent only as may be necessary for

the proper carrying out of the scheme any rule, bye law, regulation,

notification or order made or issued under any law which the

Legislature of the State is competent to amend.

(2)

Any order issued under sub-section (1) shall cease to operate in

the event of the State Government refusing to sanction the

scheme, or in the event of the withdrawal of the scheme under

Section 38ZD or in the event of the coming into force of the final

scheme or in the event of the declaration lapsing under sub-

section (2) of Section 38C.

(1)

Where there is a disputed claim as to the ownership of any piece

of land included in an area in respect of which a declaration of

intention to make a town planning scheme has been made and

any entry in the record of rights or mutation register relevant to

such disputed claim is inaccurate or inconclusive, an inquiry

may be held on an application being made by the Local Planning

Authority or the Arbitrator at any time prior to the date on which

the arbitrator draws up the final scheme under sub-section (3) of

Section 38O by such officer as the State Government may appoint

for the purpose of deciding who shall be deemed to be owner for

the purposes of this Act.

(2)

Such decision shall not be subject to appeal but it shall not

operate as a bar to a regular suit.

(3)

Such decision shall, in the event of a civil court passing a decree

which is inconsistent therewith, be corrected, modified or

rescinded in accordance with such decree as soon as practicable

after such decree has been brought to the notice of the Local

Planning Authority either by the Civil Court or by some person

affected by such decree.

Power of

State

Government

to suspend

rule, bye-

law, etc.

38M

Disputed

ownership

38N

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 9

(4)

Where such a decree of the civil court is passed after final

scheme has been sanctioned by the State Government under

Section 38ZC, such final scheme shall be deemed to have been

suitably varied by reason of such decree.

(1)

Within one month from the date on which the sanction of the

State Government to the draft scheme is published in the Official

Gazette, the State Government shall for purposes of one or more

planning schemes received by it for sanction appoint any person

possessing such qualifications as may be prescribed to be an

Arbitrator with sufficient establishment and his/her duties shall

be as hereinafter provided.

(2)

The State Government may, if it thinks fit at any time, remove for

incompetence or misconduct or replace for any good and

sufficient reason an Arbitrator appointed under this section and

shall forthwith appoint another person to take his/her place and

any proceeding pending before the Arbitrator immediately before

the date of his/her removal or replacement shall be continued

and disposed of by the new Arbitrator appointed in his/her place.

(3)

The Arbitrator shall, after following the prescribed procedure,

sub-divide the town planning scheme into a preliminary scheme

and a final scheme. The Arbitrator shall prepare preliminary

scheme within nine months and as far as possible the final

scheme within eighteen months, from the date of his

appointment :

Provided that, the State Government may, by an order in

writing, extend the said period by such further period not

exceeding three months in the aggregate and any such order

extending the period may be made so as to have retrospective

effect :

(4)

In the preliminary scheme, the Arbitrator shall, -

(i)

after notice given by him/her in the prescribed manner,

define, demarcate and decide the areas allotted to, or

reserved for the public purpose or purposes of the Local

Planning Authority and also the final plots ;

(ii)

after notice given by him/her in the prescribed manner,

decide the person or persons to whom a final plot is to be

allotted ; when such plot is to be allotted; and when such

plot is to be allotted to persons in ownership in common,

decide the shares of such persons ;

(iii)

provide for the total or partial transfer of any right in an

original plot to a final plot or provide for the transfer of any

right in an original plot in accordance with the provisions of

Section 38ZR.

(iv)

determine the period within which the works provided in

the scheme shall be completed by the Appropriate Authority.

(5)

The Arbitrator shall submit the preliminary scheme so prepared

to the State Government for sanction and shall also prepare and

submit to the State Government the final scheme for sanction in

accordance with the provisions of sub-section (6).

(6)

In the final scheme, the Arbitrator shall, -

(i)

estimate the amount of compensation payable under

Section 38H ;

(ii)

calculate the proportion in which the increment in respect

of the final plots included in the final scheme shall be liable

to contribution to the cost of the scheme in accordance

with the provisions contained in Section 38ZN ;

(iii)

estimate the value of and fix the difference between the

values of the original plots and the values of the final plots

included in the final scheme, in accordance with the

provisions contained in clause (f) of sub-section (1) of

Section 38ZN ;

The Arbitrator

and the

Tribunal of

appeal

38O

10 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

(iv)

estimate the compensation payable for the loss of the area

of the original plot in accordance with the provisions

contained in clause (f) of sub-section (1) of Section 38ZN in

respect of any original plot which is wholly acquired under

the scheme ;

(v)

estimate the value of final plots included in the final scheme

and the increment to accrue in respect of such plots in

accordance with the provisions of Section 38ZO ;

(vi) determine the amount to be deducted from or added to, as

the case may be, the contribution leviable from a person in

accordance with the provisions contained in Section 38ZQ ;

(vii) estimate in reference to claims made before him/her, after

the notice given by him/her in the prescribed manner, the

compensation to be paid to the owner of any property or

right injuriously affected by the making of a town planning

scheme in accordance with the provisions contained in

Section 38ZS ;

(viii) determine whether the areas allotted or reserved for the

public purpose or purposes of the Local Planning Authority

are beneficial wholly or partly to the owners or residents

within the area of the scheme ;

(ix)

estimate the proportion of the sums payable as

compensation of each plot used, allotted or reserved for the

public purpose or purposes of the Local Planning 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 cost of the scheme ;

(x)

determine the proportion of contribution to be levied on each

plot used, allotted or reserved for a public purpose or

purposes of the Local Planning Authority which is beneficial

partly to the owners or residents within the area of the

scheme and partly to the general public ;

(xi)

determine the amount of exemption, if any, from the payment

of the contribution that may be granted in respect of plots

or portions thereof exclusively used or occupied for religious

or charitable purposes on the date on which the final scheme

is drawn up under sub-section (7) ;

(xii) calculate the contribution to be levied on each final plot

included in the final scheme ;

(xiii) where a plot is subject to a mortgage with possession or a

lease, decide the proportion of compensation payable to or

contribution payable by the mortgagee or lessee on one

hand and the mortgagor or lessor on the other.

(7)

The Arbitrator shall draw in the prescribed form the preliminary

and final schemes in accordance with the draft scheme :

Provided that, -

(a)

he/she may make variation in the draft scheme ;

(b)

he/she may, with the previous sanction of the State

Government, after hearing the Local Planning Authority

and any owners who may raise objections, make

substantial variations in the draft scheme.

Explanation - For the purposes of clause (b) of this

provision, "substantial variation" means increase in the

total cost of the draft scheme by more than twenty per

cent. or, two lakhs' rupees, whichever is higher, on

account of the provision of new works or the reservation

of additional sites for public purposes included in the

final scheme drawn up by the Arbitrator.

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 11

Except in matters arising out of [clauses (i), (ii), (iv),

(v) and clauses (vii) to (xiii) (both inclusive) of sub-

section (6)] of Section 38O, every decision of the

Arbitrator shall be final and conclusive and binding

on all parties including the Local Planning Authority.

Any decision of the Arbitrator under [clauses (i), (ii), (iv), (v) and clauses

(vii) to (xiii) (both inclusive) of sub-section (6)] of Section 38O, shall be

forthwith communicated to the party concerned including the Local

Planning Authority ; and any party aggrieved by such decision may,

within two months from the date of communication of the decision,

apply to the Arbitrator to make a reference to the Tribunal of Appeal

for decision of the appeal.

(1)

The provisions of Sections 5, 12 and 14 of the Indian Limitation

Act, 1963 shall apply to appeals submitted under this Section.

(1)

The Tribunal of Appeal shall consist of a President and two

Assessors.

(2)

The President shall- be the District Judge or the Civil Judge of

the Senior Division as may be appointed by the State Government

on the recommendation of the District Judge :

Provided that, the State Government may, if it thinks fit,

appoint as President any person who has held the post (i) Judge

of the High Court and (ii) elsewhere of a Judge of the District

Court.

(3)

The President shall appoint fit and proper persons as Assessors,

who shall as far as possibly have knowledge, or experience of

town planning, valuation of land or civil engineering.

(4)

The President and the Assessors shall be appointed members

of the Tribunal of Appeal for such period as may be required by

such Tribunal to decide an appeal made against the decision

under clauses (ii), (v), (vii), (ix) or clause (x) sub-section (6) of

Section 38O.

(5)

The State Government may, if it thinks fit, remove for

incompetence or misconduct or any other good and sufficient

reason any Assessor appointed under sub-section (3).

(6)

If any Assessor is removed or dies or refuses or neglects to act

or becomes incapable of acting, the President shall appoint

forthwith a fit and proper person to take the place of such

Assessor.

(1)

The Arbitrator shall be present at the proceedings before the

Tribunal of Appeal. He/she shall not be required to give evidence

in such proceedings but the President may require him/her to

assist the Tribunal in an advisory capacity.

(2)

Where the Arbitrator is required under sub-section (1) to assist

the Tribunal of Appeal, he/she shall, save where he/she is a

salaried officer of Government, be entitled to such fees as the

State Government may from time to time determine.

The Tribunal of Appeal may sit either at the headquarters of the

President or at any other place within the local limits of his/her

jurisdiction which he/she may deem convenient for the consideration

and decision of any matter before such Tribunal.

All questions of law and procedure shall be decided by the President.

All other questions shall be decided by the President and the two

Assessors or by a majority.

(1)

The Tribunal of Appeal shall, after making such inquiry as it may

think fit, decide all matters arising out of clauses (ii), (v), (vii),

(ix) or clause (x) sub-section (6) of Section 38O in respect of

appeals referred to the Tribunal: and may either confirm the

proposals of the Arbitrator or direct him/her where necessary to

reconsider, vary or modify his/her proposals only in respect of

such matters aforesaid.

Certain

decisions of

Arbitrator to

be final.

38P

Appeal

38Q

Constitution

of

Tribunal of

Appeal.

38R

Arbitrator to

assist

Tribunal in

advisory

capacity and

his/her

remuneration

38S

Place where

Tribunal may

sit

38T

Decision of

question of law

and other

questions

38U

38V

Powers of

Tribunal to

decide

matter finally

12 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

(2)

Every decision of the Tribunal of Appeal shall be final and

conclusive and binding on all persons and parties including the

Planning Authorities.

Nothing contained in this Act shall be deemed to constitute

the Tribunal of Appeal to be a Court.

(1)

The President and the Assessors shall, save where they are

salaried Government Officers, be entitled to such remuneration,

either by way of monthly salary or by way of fees or partly in one

way and partly in the other, as the State Government may, from

time to time, decide :

Provided that, in exceptional cases where the scheme is a

large one or the work involved is complicated, the State

Government may authorise the President and the Assessors,

even if they are salaried Government Officers to receive such

special salary or remuneration, as the State Government may

by order, decide from time to time.

(2)

The salary of the President of the Tribunal of Appeal or an

Assessor who is a salaried Government Officer and any

remuneration payable under sub-section (1) of this Section

and fees payable to an Arbitrator under sub-section (2) of

Section 38S and all expenses incidental to the working of the

Tribunal of Appeal shall, unless the State Government otherwise

determines, be defrayed out of the funds of the Local Planning

Authority and shall be added to the cost of the scheme.

(1)

Where no appeal has been made under Section 38Q, the

decisions of the Arbitrator under clauses (ii), (v), (vii), (ix) or clause

(x) sub-section (6) of Section 38O shall be final and binding on

the parties.

(2)

The Tribunal of Appeal shall send a copy of its decision in appeal

to the Arbitrator who shall then, where necessary, make variation

in the scheme in accordance with such decision and may also

rectify such errors or omissions, if any, as may have been brought

to his/her notice after publication of the final scheme as drawn

up by him/her under sub-section (1) and (2) of Section 38V ; and

the Arbitrator shall forward such final scheme together with a

copy of his/her decisions under Section 38O and a copy of the

decision of the Tribunal of Appeal in appeal to the State

Government for the sanction of the final scheme.

(1)

Where a Local Planning Authority thinks that, in the interest of

the public, it is necessary to undertake forthwith any of the works

included in a draft scheme for a public purpose, the Local Planning

Authority shall make an application through the Arbitrator to the

State Government to vest in it the land without any building shown

in the draft scheme.

(2)

The State Government may, if satisfied that it is urgently

necessary in the public interest to empower the Local Planning

Authority to enter on such land for the purpose of executing any

of such works, direct the Arbitrator, by notification in the Official

Gazette, to take possession of the land, or may, after recording

its reasons refuse to make any such direction :

Provided that, no such direction shall be made without the

Arbitrator giving a hearing to any person or Local Planning

Authority affected by such direction, and considering the report

of the Arbitrator in that behalf.

(3)

The Arbitrator shall then give a notice in the prescribed manner

to the person interested in the land the possession of which is

to be taken by Arbitrator requiring him/her to give possession of

his/her land to the Arbitrator or any person authorised by him/

her in this behalf within a period of one month from the date of

service of notice ; and if no possession is delivered within the

period specified in the notice, the Arbitrator shall take possession

of the land and shall handover the land to the Local Planning

Authority. Such land shall thereupon, notwithstanding anything

contained in this Act, vest absolutely in the Local Planning

Authority free from all encumbrances.

38W

Tribunal not

to be Court

38X

Remuneration

of Arbitrator

and

Assessors

and

payment of

incidental

expenses of

Tribunal

Decision of

Arbitrator to

be final in

certain

matters

38Y

Possession

of land in

advance of

town planning

scheme

38Z

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 13

(1)

If the Arbitrator is opposed or impeded in taking possession of

the land under Section 38Z, he/she shall request the

Superintendent of Police, or as the case may be, the District

Magistrate to enforce the delivery of possession of the land to

the Arbitrator. The Superintendent of Police or the District

Magistrate, as the case may be, shall take or cause to be taken

such steps and use or cause to be used such force as may be

reasonably necessary for securing the delivery of possession of

the land to the Arbitrator.

(2)

For the avoidance of doubt, it is hereby declared that the power

to take steps under sub-section (1) includes the power to enter

upon any land or other property whatsoever.

(1) Where possession of land is taken by the Arbitrator under

Section 38Z or 38ZA, the person interested in such land shall

be entitled to interest at the rate of 4per cent per annum on the

amount of compensation payable to him/her under the final

scheme in respect of the said land from the date on which such

possession is taken till the date on which amount of

compensation is paid to him/her by the Local Planning Authority.

(2)

The Local Planning Authority may, at the request of the person

interested, pay after consulting the Arbitrator, where possession

of land is taken, the Local Planning Authority, or Development

Authority, or as the case may be, the Appropriate Authority may,

at the request of the person interested, pay an advance not

exceeding two-thirds of the amount estimated to be payable to

such person on account of the land after executing an agreement.

(3)

Unless otherwise provided in this Act, a Local Planning Authority

or Development Authority shall be competent to make any

agreement with any person or party in respect of any matter

which is provided for under this Act subject to the right of the

State Government to modify or disallow such agreement.

(4)

Such agreement shall not in any way affect the rights of the

State Government or third parties, but it shall be binding on the

parties to the agreement notwithstanding any decision that may

be passed by the State Government :

Provided that, if the agreement is modified by the State

Government, either party shall have the option of avoiding it

if it so elects.

(1)

On receipt of the preliminary scheme or, as the case may be,

the final scheme, the State Government may, -

(a)

in the case of the preliminary scheme, within a period of

two months from the date of its receipt, and

(b)

in the case of the final scheme, within a period of three

months from the date of its receipt, by notification in the

Official Gazette, sanction the preliminary scheme or the

final scheme or refuse to give such sanction, provided that

in sanctioning any scheme, the State Government may

make such modifications as may, in its opinion, be

necessary for the purpose of correcting an error, irregularity

or informality.

(2)

Where the State Government sanctions the preliminary scheme

or the final scheme, it shall state in the notification,

(a)

the place at which the scheme shall be kept open for

inspection by the public ; and

(b)

a date (which shall not be earlier than one month after the

date of the publication of the notification) in which all the

liabilities created by the scheme shall come into force:

Provided that, the State Government may, from time

to time, by notification in the Official Gazette, extend such

date, by such period, not exceeding three months at a time,

as it thinks fit.

Superinten-

dent of

Police or

Magistrate to

enforce

delivery of

possession

of land

38ZA

Owner of

land of

which

possession

is taken

entitled to

interest

38ZB

38ZC

Sanction of

State

Government

to

preliminary

or final

scheme

14 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

(3)

On and after the date fixed in such notification, the preliminary

scheme or the final scheme, as the case may be, shall have

effect as if it were enacted in this Act.

(1)

If at any time before the preliminary scheme is forwarded by the

Arbitrator to the State Government, a representation is made to

the Arbitrator by the Local Planning Authority and a majority of

the owners in the area that the scheme should be withdrawn,

the Arbitrator shall, after inviting from all persons interested in

the scheme objections to such representation, forward such

representation together with the objections, if any, to the State

Government.

(2)

After making such inquiry as it may think fit, the State Government

may, by notification in the Official Gazette, direct that the scheme

shall be withdrawn; and upon such withdrawal, no further

proceedings shall be taken in regard to such scheme.

On and after the day on which a preliminary scheme comes into

force-

(a)

all lands required by the Local Planning Authority shall,

unless it is otherwise determined in such scheme, vest

absolutely in the Local Planning Authority free from all

encumbrances ;

(b)

all rights in the original plots which have been reconstituted

shall determine and the reconstituted plots shall become

subject to the rights settled by Arbitrator ;

(1)

On and after the day on which a preliminary scheme comes into

force, any person continuing to occupy any land which he/she

is not entitled to occupy under the preliminary scheme may, in

accordance with the prescribed procedure, be summarily evicted

by the Local Planning Authority or any of its officers authorised

in that behalf by that Authority.

(2)

If the Local Planning Authority is opposed or impeded in evicting

such person or taking possession of the land from such person,

the Superintendent of Police, or as the case may be, the District

Magistrate shall at the request of the Local Planning Authority

enforce the eviction of such person or secure delivery of

possession of the land to the Local Planning Authority as may

be necessary.

(1)

On and after the day on which a preliminary scheme comes into

force, the Local Planning Authority may, after giving the prescribed

notice and in accordance with the provisions of the scheme, -

(a)

remove, pull down or alter any building or other work in the

area included in the scheme which is such as to contravene

the scheme or in the erection of which or carrying out of

which, any provision of the scheme has not been complied

with;

(b)

execute any work which it is the duty of any person to

execute under the scheme, in any case where it appears

to the Local Planning Authority that delay in the execution

of the work would prejudice the efficient operation of the

scheme.

(2)

Any expenses incurred by the Local Planning Authority under

this section may be recovered from the person in default or from

the owner of the original plot in the manner provided for the

recovery of sums due to the Local Planning Authority under the

provisions of this Act.

(3)

If any action taken by the Local Planning Authority is questioned,

the matter shall be referred to the State Government or any officer

authorised by the State Government in this behalf; and the

decision of the State Government or of the officer, as the case

may be, shall be final and conclusive and binding on all persons.

(4)

No person shall be entitled to compensation in respect of any

damage, loss or injury resulting from any action taken by the

Appropriate Authority under the provisions of this section except

in respect of the building constructed or work begun before the

date referred to in sub-section (1) and only in so far as such building

or work has proceeded until that date :

Withdrawal of

scheme

38ZD

Effect of

preliminary

scheme

38ZE

Power of

Local

Planning

Authority to

evict

summarily

38ZF

Power to

enforce

scheme.

38ZG

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 15

Provided that, any claim to compensation, which is not barred

by this sub-section shall be subject to the condition of any

agreement entered into between the claimant and the Appropriate

Authority.

(5)

The provisions of this section shall not apply to any operational

construction undertaken by the State Government or the Central

Government.

(1)

If after the final scheme has come into force, the Local Planning

Authority considers that the scheme is defective on account of

an error, irregularity or informality or that the scheme needs

variation or modification of a minor nature, the Local Planning

Authority may apply in writing to the State Government for variation

of the scheme.

(2)

If, on receiving such application or otherwise, the State

Government is satisfied that the variation required is not

substantial, the State Government shall, by notification in the

Official Gazette, authorise or direct the Local Planning Authority

to prepare a draft of such variation and publish a notice in the

Official Gazette and in such other manner as may be prescribed

stating that a draft variation has been prepared.

(3)

The notice of preparation of draft variation published under sub-

section (2) shall state every amendment proposed to be made in

the scheme and if any such amendment relates to a matter

specified in any of the sub-clauses (a) to (b) of clause (ii) of

sub-section (1) of Section 38A, the draft variation shall also

contain such other particulars as may be prescribed.

(4)

The draft variation shall be open to the inspection of the public at

the office of the Local Planning Authority during office hours and

copies of such draft variation or any extract therefrom certified to

be correct shall be available for sale to the public at a reasonable

price.

(5)

Not later than one month of the date of the publication of the

notice regarding preparation of draft variation, any person affected

thereby may communicate in writing his/her objections to such

variation to the State Government, and send a copy thereof to

the Local Planning Authority.

(6)

After receiving the objections under sub-section (5), the State

Government may, after consulting the Local Planning Authority

and after making such enquiry as it may think fit, by notification

in the Official Gazette, -

(a)

appoint an Arbitrator, and thereupon the provisions of this

Chapter shall, so far as may be, apply to such draft variation,

as if it were a draft scheme submitted to the State

Government for sanction;

(b)

sanction the variation with or without modifications ; or

(c)

refuse to sanction the variation.

(7)

From the date of the notification sanctioning the variation, with or

without modifications, such variation shall take effect as if it were

incorporated in the scheme.

Notwithstanding anything contained in Section 38ZC, a town

planning scheme may at any time be varied by a subsequent scheme

made, published by means of notice and sanctioned in accordance

with this Act ;

Provided that, when a scheme is so varied, the provisions of

this Chapter shall so far as may be applicable, apply to such

variation and making of subsequent scheme; and the date of the

declaration of intention of the Local Planning Authority to vary

the scheme shall, for the purposes of Sections 38L, 38M, 38ZN,

38ZO and 38ZQ, be deemed to be the date of declaration of

intention to make a scheme referred to in those sections.

38ZH

Power to

vary scheme

on ground of

error,

irregularity

or

informality.

Power to

vary town

planning

scheme

38ZI

16 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

In the event of a town planning scheme being withdrawn or

sanction to a final scheme being refused by the State Government,

the State Government may direct that the costs of the scheme

shall be borne by the Local Planning Authority or be paid to the

Local Planning Authority by the owners concerned, in such

proportion as the State Government may in each case determine.

Every party to any proceeding before an Arbitrator or the Tribunal

of Appeal shall be entitled to appear either in person or by his/

her agent authorised in writing in that behalf.

For the purpose of this Act, an officer appointed under sub-section

(1) of Section 38N or an Arbitrator or the Tribunal of Appeal may

summon and enforce the attendance of witnesses including the

parties interested or any of them and compel them to give

evidence and compel the production of documents by the same

means and as far as possible, in the same manner as is provided

in the case of a Civil Court by the Code of Civil Procedure, 1908.

(1)

When the State Government or two or more Planning Authorities

are of opinion that the interests of contiguous areas within the

jurisdiction of such Planning Authorities can best be served by

the making of a joint development plan or a joint town planning

scheme, the Local Planning Authority, with prior approval of the

State Urban and Country Planning Board constitute a

Sub-Divisional Local Planning Authority under sub-section (5) of

Section 9 of the Act.

(2)

Such Sub-Divisional Local Planning Authority, when duly

constituted, shall make a declaration of the intention to make a

joint development plan or a joint town planning scheme in respect

of the contiguous areas in the manner provided in section 38B

and thereafter, the Sub-Divisional Local Planning Authority shall

have all the powers and be liable to all the duties of a Local

Planning Authority under this Act and all the foregoing provisions

of this Act in respect of the procedure to be followed in preparing,

publishing and submitting a development plan, or, as the case

may be, a town planning scheme for sanction of the State

Government shall apply so far as may be applicable.

(3)

The joint development plan or the joint town planning scheme

shall specify the parts of the joint development plan or the joint

town planning scheme to be executed by the several Planning

Authorities in the several contiguous areas and the several parts

of the joint development plan or joint town planning scheme shall,

when the joint development plan or the joint town planning scheme

is sanctioned by the State Government under Section 38ZC,

have effect in the several contiguous areas as if they are separate

development plans or town planning schemes :

Provided that, a joint development plan, or a joint town

planning scheme may be executed partly or wholly by the two

or more Planning Authorities concerned jointly as they may decide

in this behalf.

(1)

The cost of a town planning scheme shall include, -

(a)

all sums payable by a Local Planning Authority under the

provisions of this Act which are not specifically excluded

from the costs of the scheme ;

(b)

all sums spent or estimated to be spent by a Local Planning

Authority with reference to the period during which the

preliminary scheme is to be implemented, after it is

sanctioned under Section 38ZC ;

(c)

all sums payable as compensation for land reserved or

allotted for any public purpose or purpose of a Local Planning

Authority which is solely beneficial to the owners or residents

within the area of the scheme ;

Apportionment

of cost of

scheme

withdrawn or

not

sanctioned

38ZJ

Power to

compel

attendance

of witness

38ZL

Right to

appear by

recognised

agent

38ZK

Joint

development

plans and

joint town

planning

schemes

38ZM

Cost of

schemes

38ZN

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 17

(d)

such portion of the sums payable as compensation for land

reserved or allotted for any public purpose or purpose of the

Local Planning Authority which is beneficial partly to the

owners or residents within the area of the scheme and partly

to the general public, as is attributable to the benefit accruing

to the owner or residents within the area of the scheme from

such reservation or allotment ;

(e)

all legal expenses incurred by the Local Planning Authority

in the making and in the execution of the scheme ;

(f)

the amount by which the total of the values of the original

plots exceeds the total of the values of the plots included in

the final scheme, each of such plots being estimated at its

market value at the date of declaration of intention to make

a scheme, with all the buildings and works thereon at that

date and without reference to improvements contemplated

in the scheme other than improvements due to the alteration

of its boundaries.

(g)

twenty per cent of the amount of the cost of the infrastructure

provided in the area adjacent to the area of the scheme as

is necessary for the purpose of and incidental to the scheme.

(2)

If in any case the total of the values of the plots included in the

final scheme exceeds the total of the value of the original plots,

each of such plots being estimated in the manner provided in

clause (f) of sub-section (1), then the amount of such excess

shall be deducted in arriving at the costs of the scheme as defined

in sub-section (1).

For the purposes of this Act, the increment shall be deemed to be the

amount by which at the date of the declaration of intention to make a

scheme, the market value of any plot with reference to the

improvements contemplated in the scheme on the assumption that

the scheme has been completed would exceed on the same date the

market value of the same plot estimated without reference to such

improvements :

Provided that, in estimating such values, the value of buildings

or other works erected or in the course of erection on such plot

shall not be taken into consideration.

(1)

The cost of the scheme shall be met wholly or in part by a

contribution to be levied by the Local Planning Authority on each

final plot included in the final scheme calculated in proportion to

the increment which is estimated to accrue in respect of such

plot by the Arbitrator :

Provided that-

(i)

no such contribution shall exceed half the increment

estimated by the Arbitrator to accrue in respect of such final

plot, subject to the condition that where the total cost of a

scheme exceeded half the total amount of increments, the

proportion of such contribution shall not be less than half

the increment ;

(ii)

no such contribution shall be levied on a plot used, allotted

or reserved, for a public purpose or purpose of the Local

Planning Authority, such plot being solely for the benefit of

the owners or residents within the area of the scheme ;

(iii)

the contribution levied on a plot used, allotted or reserved

for a public purpose or purposes of the Local Planning

Authority which is beneficial partly to the owners or residents

within the area of the scheme and partly to the general public

shall be calculated in the proportion to the benefit estimated

to accrue to the general public from such use, allotment or

reservation.

(2)

The owner of each final plot included in a final scheme shall be

primarily liable for the payment of the contribution leviable in

respect of such plot.

Contribution

towards cost

of scheme

38ZP

Calculation

of increment

38ZO

18 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

The amount by which the total value of final plots included in a final

scheme with all the buildings and works thereon allotted to the person

falls short of or exceeds the total value of the original plots with all the

buildings and works thereon of such person shall be deducted from or

added to, as the case may be, the contribution leviable from such

person, each of such plots being estimated at its market value at the

date of the declaration of intention to make a scheme and without

reference to improvements contempt in the scheme other than

improvements due to the alteration of its boundaries :

Provided that, in lieu of the amount that qualifies to be

deducted from the contribution leviable from a person, the Local

Planning Authority or the Arbitrator may, at the request of such

person, grant FSI (Floor Space Index) equivalent to the reduction

in the area of his/her original plot resulting from reconstitution.

Any right in an original plot which in the opinion of the Arbitrator is

capable of being transferred wholly or in part, without prejudice to the

making of a town planning scheme to a final plot shall be so transferred

and any right in an original plot which in the opinion of the Arbitrator is

not capable of being so transferred shall be extinguished :

Provided that, an agricultural lease shall not be transferred

from an original plot to a final plot without the consent of all the

parties to such lease.

The owner of any property or right which is injuriously affected by the

making of a town planning scheme shall, subject to provisions of

Section 38ZR, if he/she makes a claim before the Arbitrator within

sixty days of the receipt of the notice from the Arbitrator, be entitled

to obtain compensation in respect thereof from the Local Planning

Authority or from any person benefited or partly from the Local Planning

Authority and partly from such person as the Arbitrator may in each

case determine.

(1)

No compensation shall be payable in respect of any property or

private right of any sort which is alleged to be injuriously affected

by reason of any provisions contained in the town planning

scheme, if under any other law for the time being in force

applicable to the area for which such scheme is made, no

compensation is payable for such injurious affection.

(2)

Property or a private right of any sort shall not be deemed to be

injuriously affected by reason of any provision inserted in a town

planning scheme which with a view to securing the amenity of

the area included in such scheme or any part thereof, imposes

any conditions and restrictions in regard to any of the matters

specified in sub-section (2) of Section 38F.

(3)

If the owner of an original plot is not provided with a final plot in

the final scheme or if the contribution to be levied from him/her

under Section 38ZQ is less than the total amount to be deducted

therefrom under any of the provisions of this Act, the net amount

of his/her loss shall be payable to him/her by the Local Planning

Authority in cash or in such other way as may be agreed upon

by the parties.

(1)

If from any cause the total amount which would be due to a Local

Planning Authority under the provisions of this Act from the owner

of a final plot to be included in the final scheme exceeds the

value of such plot estimated on the assumption that the scheme

has been completed, the Arbitrator shall, at the request of the

Local Planning Authority, direct the owner of such plot to make

payment to the Local Planning Authority of the amount of such

excess.

(2)

If such owner fails to make such payment within the prescribed

period, the Arbitrator shall, if the Local Planning Authority so

requests acquire the original plot of such defaulter and apportion

the compensation among the owner and other persons interested

in the plot on payment by the Local Planning Authority of the

Certain

amount to

be added to

or deducted

from

contribution

leviable from

person

38ZQ

Compensation

in respect of

property or

right

injuriously

affected by

scheme.

38ZS

Transfer of

right from

original to

reconstituted

plot or

extinction of

such right

38ZR

Exclusion or

limitation of

compensation

in certain

cases.

38ZT

Provision for

case in

which value

of developed

plot is less

than amount

payable by

owner.

38ZV

Provision for

cases in

which

amount

payable to

owner

exceeds

amount due

from him/her.

38ZU

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 19

value of such plot estimated as its market value at the date of the

declaration of intention to make a scheme and without reference

to improvements contemplated in the scheme ; and thereupon, the

plot included in the final scheme shall vest absolutely in the Local

Planning Authority free from all encumbrances but subject to the

provisions of this Act :

Provided that, the payment made by the Local Planning

Authority on account of the value of the original plot shall not be

included in the costs of the scheme.

All payments due to be made to any person by a Local Planning

Authority under this Act shall, as far as possible, be made by an

adjustment in such person's account with the Local Planning

Authority in respect of the final plot concerned or of any other

plot in which he/she has an interest, and failing such adjustment

shall be paid in cash or in such other way as may be agreed

upon by the parties.

(1)

The net amount payable under the provisions of this Act by the

owner of a final plot included in a final scheme may at the option

of the contributor be paid in one sum or annual instalments not

exceeding ten. If the owner elects to pay the amount by

instalments, interest at 6 percent per annum shall be charged on

the net amount payable. If the owner of a plot fails to elect the

option on or before the date specified in a notice issued to him/

her in that behalf by the Local Planning Authority, he/she shall be

deemed to have elected the option of paying contribution by

instalments and the interest on the contribution shall be calculated

from the date specified in the notice, being the date before which

he/she was required to make an election as aforesaid:

Provided that, where an owner elects to pay the amount in

one sum but fails to do so, interest at 6 percent per annum shall

be payable by him/her to the Local Planning Authority from the

date specified in the notice to the date of payment.

(2)

Where two or more final plots included in a final scheme are in

the same ownership, the net amount payable by such owner

under the provisions of this Act shall be distributed over his/her

several final plots in proportion to the increment which is estimated

to accrue in respect of each final plot unless the owner and the

Local Planning Authority agree to a different method of distribution.

(1)

A Local Planning Authority shall be competent to make any

agreement with any person in respect of any matter which is to

be provided for in a town planning scheme subject to the power of

the State Government to modify or disallow such agreement and

unless it is otherwise expressly provided therein, such agreement

shall take effect on and after the day on which the town planning

scheme comes into force.

(2)

Such agreement shall not in any way affect the duties of the Arbitrator

as stated in Section 38O or the rights of third parties, but it shall be

binding on the parties to the agreement, notwithstanding any decision

that may be passed by the Arbitrator :

Provided that, if any agreement contains any provisions which

are inconsistent with the final scheme as drawn up by the Arbitrator

under Section 38O or the final scheme as sanctioned by the

State Government under Section 38ZC such an agreement shall

be void :

Provided further that, if the agreement is modified by the

State Government, either party shall have the option of avoiding it

if it so elects.

(1)

Any sum due to a Local Planning Authority under this Act, rule or

any regulation made thereunder shall be a first charge on the plot

on which it is due, subject to the prior payment of land revenue,

if any, due to the Government thereon.

Payment by

adjustment of

account.

38ZW

Payment of

net amount

due to Local

Planning

Authority.

38ZX

38ZY

Power of

Local

Planning

Authority to

make

agreement.

38ZZ

Recovery of

arrears.

20 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025

(2)

Any sum due to the Local Planning Authority under this Act, rule

or any regulation made thereunder which is not paid on demand

on the day on which it becomes due or on the day fixed by the

Local Planning Authority, shall be recoverable by the Local

Planning Authority from the defaulter as if they were arrears of

land revenue.

(3)

If any question arises whether a sum is due to the Local Planning

Authority within the meaning of sub-section (2), it shall be referred

to a tribunal constituted by the State Government consisting of

one or more persons not connected with the Local Planning

Authority or any authority subordinate to it or with the person by

whom the sum is alleged to be payable which the tribunal shall,

after making such inquiry at it may deem fit and after giving to

the person by whom the sum is alleged to be payable, an

opportunity of being heard, decided the question ; and the decision

of the tribunal thereon shall be final and shall not be called in

question in any court or before any other authority.

(4)

The procedure to be followed by the tribunal in deciding questions

referred to it under sub-section (2) shall be such as may be

prescribed by the State Government.

Where after completing and meeting all the costs of a scheme as

provided in this Act, any amount from the sums paid to the Local

Planning Authority under this Act remains as surplus, the Local

Planning Authority shall, in consultation with the owners of the plots,

spend such surplus amount for providing further amenities within the

area of the scheme.

(1)

A Local Planning Authority shall complete all the works provided

in a final scheme within the period prescribed in the final scheme

by the Arbitrator under sub-section (3) of Section 38O.

Provided that, in exceptional circumstances on application

by the Local Planning Authority, the State Government may by

an order in writing specifying those circumstances grant to the

Local Planning Authority in this behalf further extension of time

as it may think fit.

(2)

If the Local Planning Authority fails to complete the work within the

prescribed period or within the period extended under sub-section

(1), the State Government may, notwithstanding anything contained

in subsection (1), require the Local Planning Authority to complete

the works within a further period as it may consider reasonable or

appoint an officer to complete such works at the cost of the Local

Planning Authority and recover the cost from the Local Planning

Authority in the manner provided as below ; -

“Any expenses incurred by the State Government or by such

person in exercising such power or performing such duty shall

be paid out of the funds of such Board or Authority; and if the

Board or Authority fails to pay the expenses, then the State

Government may make an order directing any person who for

the time being has custody of any such funds to pay such

expenses from such funds, and such person shall be bound to

obey such order”.

Whoever wilfully destroys or injures or without lawful authority removes,

a boundary stone or mark lawfully fixed or constructed, the Collector,

on receipt of the intimation from the Arbitrator or the Local Planning

Authority, may order such person to pay a fine, not exceeding rupees

ten thousand for each stone or mark so destroyed, injured or removed

as may in his/her opinion be necessary to defray the expenses of

restoring the same.

In the principal Act, after sub -section (2) of Section 70, the following

sub-section (3) shall be inserted, namely, -

(3)

(a) Unless otherwise provided in this Act, a Local Planning

Authority or Development Authority shall be competent to

make any agreement with any person or party in respect of

any matter which is provided for under this Act subject to

the right of the State Government to modify or disallow such

agreement.

Disposal of

surplus

amount.

38ZAA

Execution of

works in

final scheme

by Local

Planning

Authority.

38ZAB

Penality for

removal of

boundary

stones

38ZAC

Power to

make

agreements

38ZAD

The Arunachal Pradesh Extraordinary Gazette, March 6, 2025 21

(b) Such agreement shall not in any way affect the rights of

the State Government or third parties, but it shall be binding

on the parties to the agreement notwithstanding any

decision that may be passed by the State Government :

Provided that, if the agreement is modified by the State

Government, either party shall have the option of avoiding it if it

so elects.

In the principal Act, after clause (z) of sub-section (2) of Section 71,

the following clause shall be inserted, namely ;

“(za) for the implementation of development schemes as per the

provision of Development Plan/ Master Plan, may prepare policy

documents for Town Planning Schemes/ Land Pooling Scheme,

Local Area Plan, Transit Oriented Development, Transferable

Development Right, Sponge City, New Town Development

Authority, Greenfield cities, Neighbourhood improvement Plans,

City Mobility/City logistics Plan, Risk Informed master Plan etc.

The Arunachal Pradesh Urban and Country Planning (Amendment)

Ordinance, 2025 is hereby repealed.

Notwithstanding such repeal, any action taken or order issued under

the said Ordinance shall be construed to have been validly taken or

issued under the corresponding provisions of this Act.

———

Insertion of

clause (za)

4. Repeal

and saving

Dated Itanagar,

Tadar Meena

the ............. March, 2026

Secrtary,

Legislative Assembly,

Arunachal Pradesh,

Itanagar.

Published and Printed by Directorate of Printing and Stationery, Naharlagun—169/2026-DoP-250-3-2026.

22 The Arunachal Pradesh Extraordinary Gazette, March 6, 2025