DTP Scheme for Thrippunithura - Karimugal Road - Draft - Notification

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Regn.No. KERBIL/2012/45073 dated 05-09-2012 with RNI Reg No.KL/TV(N)/634/2021-2023 മകരള സർകാർ Government of Kerala 2024

മകരള ഗസറ്

KERALA GAZETTE

അസാധാരണം

EXTRAORDINARY

ആധികാരികാേയി ്പസിദറ്റപടുതുനത

PUBLISHED BY AUTHORITY

തിരുവനനപുരം,

2024 ഡിസംബർ 27 27th December 2024

ചവളി

നർേ

No. 4096 വാലം 13 Vol. XIII

1200 ധനു 12 12th Dhanu 1200 Thiruvananthapuram, Friday

1946 ചപൗഷം 6 6th Pousha 1946

GOVERNMENT OF KERALA

Local Self Government (RD) Department

NOTIFICATION

No. LSGD-RD2/86/2024-LSGD Dated, Thiruvananthapuram, 16 th December, 2024

01st Dhanu, 1200.

WHEREAS, the Government have, sanctioned the Detailed Town Planning Scheme for Trippunithura – Karimugal Road, vide Government Order number G.O. (Ms.) No. 232/80/LA&SWD. dated 18th September, 1980 and published as S.R.O. No. 1233/80 in the Kerala Gazette No. 51, PART-I dated 23rd December, 1980, under sub-This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

section (3) of section 12 of the Town Planning Act, 1108 (IV of 1108);

AND WHEREAS, as per sub-section (1) of section 113 of the Kerala Town and Country Planning Act, 2016 (9 of 2016), the Town Planning Act, 1108 (IV of 1108) stands repealed;

AND WHEREAS, as per clause (ii) of sub-section (2) of section 113 of the Kerala Town and Country Planning Act, 2016 (9 of 2016), the sanctioned Detailed Town Planning Scheme for Trippunithura – Karimugal Road, is deemed to be a Detailed Town Planning Scheme sanctioned under the Kerala Town and Country Planning Act, 2016 (9 of 2016);

AND WHEREAS, it is required to vary the said scheme for the purpose of making the provisions of the said scheme compatible with the present development scenario to the extent possible as an immediate measure, until the scheme is further varied after detailed studies;

NOW THEREFORE, in exercise of the powers conferred by sub-section (3) of section 50 of the Kerala Town and Country Planning Act, 2016 (9 of 2016), the Government of Kerala hereby proposes to issue a notification varying the said Detailed Town Planning Scheme to the extent required, a draft of which is appended as required by sub-section (3) of section 50 of the Kerala Town and Country Planning Act, 2016.

Notice is hereby given that the said draft will be taken up for consideration on or after sixty days from the date of publication of Notice in Form XII, in the Official Gazette as prescribed under sub-rule (1) of Rule 14 of the Kerala Town and Country Planning (Preparation and Sanctioning of Detailed Town Planning Scheme) Rules, 2021 and any person or authority concerned with or affected by the proposed notification shall submit in writing his/her/their objections or suggestions, if any, thereon to the Principal Secretary, Local Self Government Department, Government Secretariat, Thiruvananthapuram-695001 on or before the period specified above. Copy of the notification will be available at the official website of Trippunithura Municipality and in the office of the Secretary, Trippunithura Municipality for inspection during working hours.

DRAFT

In exercise of the powers conferred by sub-section (3) of section 50 of the Kerala Town and Country Planning Act, 2016 (9 of 2016), the Government of Kerala hereby proposes to vary the Detailed Town Planning Scheme for Trippunithura – Karimugal Road, sanctioned as per G.O.(Ms.) No. 232/80/LA&SWD. dated 18th September, 1980 and published as S.R.O. No. 1233/80 in the Kerala Gazette No. 51, PART I, dated 23rd December, 1980 which is deemed to be a Detailed Town Planning Scheme sanctioned under clause (ii) of sub-section (2) of section 113 of the KeralaThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Town and Country Planning Act, 2016 (9 of 2016) to the extent as indicated below, namely:-

VARIATION

1. In the said scheme, under the heading "THE SCHEME",-

I. Under the sub-heading "Definition.", for paragraph 2 the following Paragraph shall be substituted namely:-

"In this scheme, unless there is anything repugnant in the subject or context:-

(a) 'Act' means the Kerala Town and Country Planning Act, 2016 (9 of 2016);

(b) 'Chairman' means Municipal Chairman of Trippunithura Municipality or President of Vadavucode – Puthencruz Grama Panchayat as applicable;

(c) 'Chief Town Planner' means the Chief Town Planner of Local Self Government Department (Planning);

(d) 'Council' means Trippunithura Municipal Council or Vadavucode – Puthencruz Grama Panchayat Committee, as applicable;

(e) 'Date of the Scheme' means the date of publication of the notice in the official gazette intimating the fact of sanction of the variation of the scheme under the provisions of the Act; (f) 'Government' means the Government of Kerala;

(g) 'Map' means the map annexed to the scheme;

(h) 'Rules' means rules made under sub-section (1) of section 112 of the Kerala Town and Country Planning Act, 2016;

(i) 'Senior Town Planner' means the Senior Town Planner of Local Self Government Department (Planning) having jurisdiction over the area;

(j) 'Schedule' means schedule appended to the scheme;

(k) 'Scheme' means the Detailed Town Planning Scheme for Trippunithura – Karimugal Road;

(l) 'Street' includes roads, streets and lanes.";

II. Under the sub-heading "Responsible Authority:-", for paragraph 3 the following paragraph shall be substituted, namely:

"3. The Secretary, Trippunithura Municipality shall be the responsible authority for the portion of the scheme in Trippunithura Municipality and the Secretary, Vadavucode – Puthencruz Grama Panchayat shall be the responsible authority for the portion of the scheme in Vadavucode – Puthencruz Grama Panchayat, unless the Government order otherwise.";

III. Under the sub-heading "Area of Scheme:-", for paragraph 4 the following paragraph shall beThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

substituted, namely:

"4. The area to which the scheme applies shall be within the inner edge of the boundary lines (dots marked in the scheme map).";

IV. Sub-headings "Ownership and Extent:", "Estimate of the cost:", "Streets:", "Heights of Buildings:-", "Submission of layout plans:", "Approval of layout plans:" and the respective paragraphs 5 to 10 thereunder shall be omitted;

V. Under the sub-heading "Reservation of lands and zoning:", paragraph 11 shall be omitted, and for the existing paragraph 12 the following shall be substituted, namely:-

"12. A. General Guidelines

1. All future developments in respect of land coming within the scheme area shall be in conformity with the zoning regulation prescribed here under and the Kerala Municipality Building Rules, 2019 or Kerala Panchayat Building Rules, 2019 as applicable. These regulations shall guide the granting or refusal of permission for land development.

2. For the implementation and enforcement of the proposals envisaged in the Detailed Town Planning Scheme, the scheme area have been zoned under various uses such as i. Existing roads retained

ii. Land to be reserved for roads

iii. Land to be acquired for roads

iv. Land allotted for public and semi public

v. Land to be reserved for industries

vi. Land to be reserved for commercial

vii. Land to be acquired for commercial

viii. Existing agricultural uses (paddy field) retained

ix. Land reserved for residential

x. Existing railway retained

xi. Water courses

3. Details regarding the nature of 'uses permitted' and 'used restricted' in each zone are given in Table-I below. 'Uses permitted' in a zone cover the uses that can be normally accommodated in the relevant zone. Such uses may be permitted by the Responsible Authority if it is in accordance with other relevant rules/orders concerned in force. In some cases, it may be possible to permit some other uses also which are not likely toThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

affect the quality and environment in a zone specified for a particular use. Such cases have to be individually studied based on their performance characteristics and spatial location factors. Such cases, which come under this category are classified as "Uses Restricted 1 and Uses Restricted 2".

a. 'Uses Restricted-1' category deals with the uses that may be permitted by the Responsible Authority with the concurrence of the Senior Town Planner.

b. 'Uses Restricted-2' category deals with the uses that may be permitted by the Responsible Authority with the concurrence of the Chief Town Planner.

4. Those uses which are not included under 'Uses Permitted' or 'Uses Restricted' shall be treated as 'Uses Prohibited'.

5. Any uses which is not explicitly included as uses permitted or uses restricted in a zone, but is of similar or ancillary nature to the uses permitted or uses restricted in a zone, may be permitted in such zone with the concurrence of the Senior Town Planner.

6. If any portion of a zone is put to a prohibited use, before sanctioning the variation of this scheme, such use shall be termed as non-conforming use. A non-conforming use may be allowed to continue in its existing location and essential repairs and maintenance for the structure may be permitted provided that the said use create no adverse environmental influence in the zone. Addition, alteration or reconstruction if found necessary as part of any mitigation measures may be permitted for such uses with the concurrence of the Senior Town Planner.

7. No provisions in this scheme shall prevent implementation of any project/scheme of Central/State or Local Government and Government approved projects by quasi Government agencies. Such projects shall be treated as permitted uses in all zones and shall conform to widening of roads or new road alignments envisaged in the scheme if not otherwise mentioned in the zoning regulations.

8. Operational constructions as defined in the Kerala Town and Country Planning Act, 2016 (9 of 2016) shall be treated as permitted use in the scheme area.

9. In case of lands reserved for the new road proposal/widening of roads, for roads except Seaport-Airport road and Trippunithura-Karimugal road, in Trippunithura Municipal area, uses listed under 'Uses permitted' and 'Uses Restricted I' under "Land reserved for Residential" Zone, may be permitted in such lands by the Secretary in Trippunithura Municipal area with the concurrence of the Senior Town Planner.

10. In case of lands reserved for the new road proposal/widening of roads uses listed under 'Uses permitted' and 'Uses Restricted I' under "Land reserved for Residential" Zone, and "Land to be reserved for Industries" zone may be permitted in such lands by the Secretary in Vadavucode-Puthencruz Grama Panchayat with the concurrence of the Senior Town Planner.

11. The uses permitted and restricted under the zones 'Land reserved for Residential' & 'Land to be reserved for Commercial' shall be treated as uses permitted and uses restricted respectively for the land on both sides of the Trippunithura-Karimugal road and Seaport - Airport roads to a width of 50.0 meter, irrespective of the land use zone indicated in the scheme map except for water courses. Provided that, in the case of the zone titled 'existing agricultural uses (paddy field) retained', such provision shall be applicable only in conformity with the Kerala Conservation of Paddy Land and Wetland Act, 2008 (28 of 2008) in force, wherever applicable.

12. Provisions under the Disaster Management Act, 2005 (Central Act 53 of 2005), The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958), The Aircraft Act, 1934 (Central Act 22 of 1934), The Environment Protection Act 1986, (Central Act 29 of 1986), The Kerala Conservation of Paddy Land and Wetland Act, 2008 (28 of 2008) and any other applicable statutes as amended from time to time will prevail over the respective provisions of this Scheme.

13. Notwithstanding anything contained in the scheme provisions with regard to Off-street parking, Open spaces/yard/setbacks, Building line and Access mandated in the Kerala Municipality Building Rules, 2019 in force shall prevail over the respective provisions if any mentioned elsewhere in the scheme.

14. Transmission/Telecommunication towers, Automatic Teller Machines and all constructions for public utility shall be permissible within the scheme area irrespective of the zoning regulations except in the road widening area of Trippunithura-Karimugal road in Trippunithura Municipal area, Seaport - Airport road and water courses.

15. For all purposes of this scheme, land/area to be acquired for any use shall be treated as land/area to be reserved for such use.

16. Subject to the Zoning Regulation of the respective zone, more than one use may be combined in a building, provided that the total built up area on all floors of such aThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

building shall not exceed the total of the maximum built up area permitted for any of such use in that zone, subject to satisfying the building rules as applicable.

17. Silence Zone, as prescribed by the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and subsequent amendments, thereto shall be applicable to the area under this scheme.

18. Existing areas and structures of archaeological importance and religious uses may be permitted to continue in all zones and shall not constitute non-conforming uses.

19. If no industry is developed in the designated industrial use zone at the time of sanctioning of variation, the Secretary may with the concurrence of the Senior Town Planner, accord sanction for development by adopting the regulations of the surrounding land use zone in the Scheme Map, subject to the provisions as per the applicable Acts, Rules and Government Orders.

20. Expansion of existing Public and Semi Public Institutions and existing Industrial units including their incidental uses to adjacent plots shall be treated as permitted use irrespective of the zone in which such adjacent plot lies, except in water courses zone.

21. If public activity ceases or do not exists in a private land falling in 'Land alotted for public & semi public' zone, uses permitted/restricted in the surrounding land use zone shall be allowed in the plot with the concurrence of the Senior Town Planner, if no records are available with the Local Self Government concerned regarding any proposal for acquiring that particular land for any public use at the time of application for building construction or land development.

22. For land which are legally converted to dry land by order of the competent authority, but included in the zone- "Existing agricultural uses (paddy field) retained" as per the scheme, the regulation of the zone - "Existing agricultural uses (paddy field) retained" will not be applicable. In such land, developments/constructions shall be permitted by the Secretary for the uses for which it was converted.

23. In 'Existing agricultural uses (paddy field) retained' zone, permitted and restricted uses in adjacent land use zone may be permitted with the concurrence of the Senior Town Planner (i) if that particular land in 'Existing agricultural uses (paddy field) retained' zone is not classified as paddy land or wetland as per revenue records at the time of issuance of permit or (ii) if the specific purpose for conversion is not mentioned in the order granting permission to convert the nature of land by the competent authority.

24. Any clarifications or technical interpretations of the scheme may be issued by the Government in consultation with the Chief Town Planner.

B. Zoning Regulations

All future developments in respect of land within the scheme area shall conform to the zoning regulations given below:

Table-I-Zoning Regulations

Traffic and transportation related uses, street furniture and other ancillary uses

VI. Sub-headings "Acquisition of Lands:", "Disposal of Land:" and the respective paragraphs 13 to 16 thereunder and Sub-headings "Housing schemes:", "Reconstitution of boundaries:", "Claim for Compensation:", and the respective paragraphs 19, 20 and 22 thereunder shall be omitted;

VII. Under the sub-heading "Claim for betterment", for paragraphs 23 and 24, the followingThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

paragraph shall be substituted, namely:

" 23. Development charges and User fee: The Municipality may levy and collect Development charges or User fee for any developments carried out in the Scheme area; or services or amenities provided in the Scheme area as per section 83 and 85 of the act and the rules, if any, made under section 112 of the Act.";

VIII. Sub-heading "Time of execution of scheme:" and paragraph 26 thereunder shall be omitted;

IX. Under the sub-heading "Penalty:", for paragraph 27 the following paragraph shall be substituted, namely:-

"27. Any person who commits or knowingly permits a breach of any of the provisions of the Scheme or who neglects or fails to comply with any of the provisions of the Scheme or any orders, conditions, proceedings, restrictions, limitation or terms made or imposed under or in pursuance of any of the provisions of the Scheme, the rules or the Act shall on conviction be punished in accordance with section 68 of the Act.";

X. The following shall be added at the end as ANNEXURE of the scheme, namely:-

"ANNEXURE

Type of non-obnoxious and non-nuisance type of service or light industries

1. Rice and Flour Mills.

2. Production of rice, flour etc., by hand

3. Processing of Cardamom, ginger, pepper etc.

4. Production of copra

5. Processing of arecanut

6. Carrying and preservation of fruits and production of jam, jelly, syrup etc.

7. Processing of and preservation of cashewnuts.

8. Bakeries and confectioneries

9. Production of Dairy Products.

10. Oil mills (vegetables)

11. Extraction of oil by ghani.

12. Manufacture of hydrogenated oil.

13. Manufacture of "aval" (Beaten rice), Pappad

14. Production of vinegar.

15. Manufacture of soda, water, lemonade etc.

16. Manufacture of Ice.

17. Manufacture of icecream.

18. Packing and distribution of tea and coffee.

19. Manufacture of beedi and Cigar.

20. Manufacture of tobacco snuff.

21. Manufacture of chewing tobacco.

22. Cotton ginning, clearing, pressing etc.

23. Cotton spinning other than in Mills

24. Cotton spinning and weaving in Mills.

25. Cotton weaving in handloom.

26. Cotton weaving in powerlooms.

27. Handloom weaving.

28. Khadi Weaving in Handloom.

29. Printing of cotton textiles.

30. Manufacture of Cotton thread, rope twine etc.

31. Jute spinning.

32. Manufacture of jute products including repairing of gunny bags.

33. Weaving of silk by Handloom.

34. Manufacture of hosiery goods.

35. Making of embroidery products

36. Tailoring

37. Manufacture of quilts and mattresses.

38. Manufacture of Coir and Coir Products.

39. Manufacture, repairing and assembling of umbrellas and production of spare parts of umbrellas.

40. Manufacture of wooden furniture and fixtures.

41. Manufacture of structural wooden goods such as doors, beams etc.

42. Manufacture of wooden utensils, photo frames, toys etc. and photo framing.

43. Cane industry including baskets, weaving etc.

44. Manufacture of miscellaneous wooden articles such as sticks, sandals, rulers etc.

45. Manufacture of paper board and paper hand.

46. Making of paper boxes, bags, envelopes, tissue paper etc.

47. Printing and publishing of newspapers, periodicals and books.

48. Miscellaneous printing works including typing, cutting, bookbinding.

49. Manufacture and repairing of leather shoes and chappals.

50. Manufacture of leather products such as suitcase, bag etc.

51. Vulcanizing and repairing of tyres and tubes.

52. Manufacture of Rubber products such as rubber sheets, rubber gloves, nipples and rubber shoes including smoke-rubber.

53. Manufacture of pharmaceuticals, chemicals, Ayurvedic medicine etc.

54. Manufacture of agarbathi and other cosmetics.

55. Manufacture of plastic products such as name plates etc.

56. Manufacture of lemon grass oil, candles etc.

57. Manufacture of cement products such as rings, closets etc.

58. Manufacture of structural stone goods, stone crushing, stone carving, stone dressing, marble carving etc.

59. Manufacture of stone wares.

60. Manufacture of stone images.

61. Manufacture of chinaware and crockery.

62. Manufacture of large food containers and chinaware.

63. Manufacture of glass and glass products.

64. Manufacture of clay models

65. Manufacture of iron and steel furniture.

66. Manufacture and repairing of brass and bell metal products.

67. Manufacture of aluminium utensils and other products.

68. Manufacture of tin cans and copper vessels.

69. Electroplating, tin plating, welding etc.

70. Manufacture of agricultural implements, screws etc. (blacksmith and foundry)

71. Manufacturing assembling and repairing of machinery such as water pumps, oil mill chucks etc.

72. Manufacture of small machine tools and machine parts.

73. Manufacture of sewing machine parts and assembling and repairing of sewing machine.

74. Manufacture of electrical machinery and repairing of electric motors armature winding etc. 75. Manufacture and repairing of electric fans.

76. Charging and repairing of batteries.

77. Repairing of radios, microphones etc.

78. Manufacture of electric meters, production of electric and electronic allied products, repairing and servicing of electrical appliances.

79. Manufacture and repairing of motor engine parts and accessories.

80. Manufacture of cycles, parts and accessories.

81. Repairing of photographic equipments, spectacles etc.

82. Manufacturing of medical instruments

83. Repairing of watches and clocks.

84. Manufacture of Jewellery.

85. Manufacture, repair and tuning of musical instruments.

86. Manufacture of sports goods, balloons etc.

87. Ivory, carving and ivory works

88. Information Technology, Information Technology Enabled Services & Information Technology Hardwares

89. Manufacture of wax, wax products

90. Manufacture of fish products, aquaponics.".

By order of the Governor,

DR. SHARMILA MARY JOSEPH, Principal Secretary to Government. ____________________________________________________________________________________________________________________________ PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2024This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/