Panchayat:Repo18/Law Manual Page0224

(2) The Village Panchayat shall prepare the development plan having regard to the plan proposals submitted to it by the Grama Sabhas.

(3) Where the District Planning Committee directs to make changes in the draft development plan on the ground that sector-wise priority and criteria for subsidy specified by the Government had not been followed or sufficient funds for scheduled caste, scheduled tribe development schemes have not been provided in the draft development plan for that the scheme was prepared not in accordance with the provisions of the Act or rules; the Panchayat shall be bound to make such changes

(4) The Panchayat shall in addition to the annual and five year plans, prepare a perspective plan foreseeing a period of fifteen years, with special focus on spatial planning for infrastructure development and considering the resources and the need for further development and such plan shall be sent to the Concerned District Planning Committee,]

(5) The final decision in respect of such development schemes shall be taken long before the beginning of a financial year. 41(6) A copy of the development plan prepared by the Village Panchayat shall be forwarded to the Block Panchayat within which the area of the Village Panchayat is situated and a copy of the development plan prepared by the Block Panchayat shall be forwarded to the District Panchayat within which the Block Panchayat is situated.]

NOTES

When there are many commercial buildings adjacent to the land in question, the Secretary can conduct an inspection of the site to find out whether the buildings constructed in and around land and nearby area consists mostly of commercial buildings than residential, then Secretary can allow commercial construction subject to approval of building plan. If in an area earmarked as a residential zone large number of constructions for commercial purposes were permitted whether under orders issued by the Government or not, then the only sensible thing for the Corporation to do is to take a realistic approach by not regarding the area any longer as a residential zone and request the Government to make suitable change in the Master Plan to make it in conformity with ground reality. - Gopalakrishnan T. V. v. State of Kerala and Others – 2011 (3) KHC 162 (DB): 2011 (3) KLT 317 : ILR 2011 (3) Ker. 493.

Provisions of Town Planning Act, 1939 and Madras Town Planning Act, 1926 cannot survive in the light of Part IX-A of Constitution of India and Municipality Act, 1994 - Procedure for preparation of master plan by Municipalities should be prescribed at the earliest. - Shivaprasad V. and Others v. State of Kerala and Others – 2011 (1) KHC SN 47: 2011 (1) KLT 690 : ILR 2011 (1) Ker. 697 : 2011 (2) KLJ 1.

The District Planning Committee, as evident from Article 243-ZE(3), alone is intrusted with the task to prepare a draft development plan having regard to matters of common interest between the