Chapter XI PROMOTION OF DEVELOPMENT AND USE OF LANDS

(1) After the commencement of the Act, and subject to the provisions of the Act, no development of any land for layout or sub-division of plot or construction or building or institution of use or change of use of any land or building shall be undertaken or carried out in the development area without,- (a) obtaining a Development permission Order from the Commissioner, which shall be subject to the development conditions that are applicable and required to be complied with; (b) payment of the development charges and other fees and charges to the Authority to be levied under the Act.

(2) No Local body or government department or agency shall grant any permission for any development work or sanction any development of land or building or any institution of change of use land or building or change of use of any land or building unless the Commissioner has granted the permission for the same.

(3) No such permission shall be necessary for the following activities but the concerned person shall intimate in writing and file the necessary detailed plans, site plans, layout plans and building plans for information and record of the Authority,- (a) for carrying out such works for the maintenance of a building or land that do not materially alter or affect the building or land; (b) for agriculture purpose and for the excavation (including wells, bore wells) made in the ordinary course of agricultural operations and for the construction of un-metalled roads intended to give access to land solely for agricultural purpose; (c) In case of any operational construction.

After the coming into operation of the perspective plan or master plan or infrastructure plan or land pooling scheme or town planning scheme or any area development plan in an area, formulated under the provisions of the Act, no person or body shall use or permitted to use any land or carry out any development in that area unless the development is in conformity with such plans.

(1) Any person or body intending to carry out any development of land for the purpose of layout or for sub-division into plots or for construction, reconstruction, addition or alteration of any building shall apply in writing to the Commissioner for development permission in such form and containing such particulars and accompanied by such plans, documents, ownership documents for the land or plot and on payment of fees and charges as may be prescribed by the rules and regulations of the Act in addition to statutory provisions made under the respective Acts of the Local bodies;

(1) Every Department Permission granted under the Act shall remain valid for three years during which time the development works or layout works or construction and civil works shall be completed, and if not completed, such permission shall be got revalidated for another two years only on submitting an application and on payment of the additional fees and charges as may be prescribed. (2) After obtaining the Development Permission under the Act, if the works are not commenced within one year from the date of such sanction, the Development Permission stands lapsed: Provided that such lapse shall not bar any subsequent application for fresh Development Permission under the Act, however, such application shall be subject to the rules / regulations and payment of fees and charges which are in force as on that date of fresh application.

If during the execution of any development works or layout works or construction and civil works, any deviation is made from the Development Permission granted and the same are in accordance within the provisions of the Act or Plans or Schemes or any rules or regulations made under the Act, the revised Development Permission shall be obtained under the Act.

The Commissioner or the Authority or the Government, may revoke any Development Permission issued under this Act, whenever it is found that there has been any false statement or wrong permission is issued or any misinterpretation of any material fact or rule on which the permission was granted, after giving the person concerned an opportunity of being heard against such revocation.

(1) Any person who, whether at his own instance or at the instance of any other person or anybody including a department of Government commences, undertakes or carries out development of any land or building or institutes or changes the use of any land or building in contravention of the master plan or infrastructure plan or area development plan or notified development scheme or any plan sanctioned under the Act,- (a) without permission as required under the Act; or (b) which is not in accordance with any permission granted or in-contravention of any condition subject to which such permission has been granted; or (c) after the permission for development has been duly revoked; or (d) in-contravention of any permission which has been duly modified; Shall be punishable with imprisonment for term which may extend to three years or with a fine equivalent to twenty percent of the value of the land as fixed by the Registration Department at the time of undertaking the development of the land or building or both, and in the case of a continuing offence with a further daily fine which may extend to fine equivalent to one percent of the value of the land as fixed by the Registration Department for everyday during which such offence continues after conviction for the first commission of the offence. (2) Any person who deals with the development of land or building by way of sale or otherwise in contravention or without compliance of the provisions of the Act or rules or regulations made therein shall be punishable with imprisonment for a term which may extend to three years or with a fine equivalent to twenty percent of the value of the land in question as fixed by the Registration Department at the time of undertaking development of any land or both and in the case of continuing the offence with a further daily fine which may extend to fine equivalent to one percent of the value of land in question as fixed by the Registration Department at the time of undertaking development of any land for every day during which such offence continues after conviction for the first commission of the offence; (3) Any person who continues to use or allows the use of any land or building in-contravention of the provisions of the master plan or any such plans sanctioned under the Act without being allowed to do so under the provisions of the Act, or where the continuance of such use has been allowed under the Act continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punished with a fine equivalent to ten percent of the value of the land as fixed by the Registration Department at the time of undertaking the development of the land or building; and in the case of a continuing offence, with a further daily fine which may extend to fine equivalent to one percent of the value of the land as fixed by the Registration Department for every day during which such offence continues after conviction for the first commission of the offence. (4) Any person, who obstructs the entry of a person authorized under the provisions of the Act, to enter into or upon any land or building or molests such persons after such entry, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 10,000, or with both.

(1) Where any development of land or construction of building has been commenced or is being carried on or has been completed as indicated in sub-section (1) of section 114, the Commissioner, may, subject to the provisions of this section, serve on the owner a provisional order requiring the person to demolish such unauthorized construction or re-construction or work or development within a period specified to bring such construction or re-construction of the building or work in conformity with the provisions of the Act or as per sanctioned development permission or Rules or Bye-laws made there under and may also direct that until the said order is complied with, the concerned person shall refrain from proceeding with such development or construction or re-construction of the building or work: Provided that, where the order requires the discontinuance of any use of land, the Commissioner shall serve the order on the occupier also. (2) The Commissioner shall serve copy of the provisional order made under sub-section (1) on such person mentioned in sub-section (1) with an order requiring him to show cause within a reasonable time to be specified in such order as to why the order should not be confirmed. (3) If the person mentioned in sub-section (1) fails to show cause to the satisfaction of the Commissioner, the Commissioner may confirm the order with such modification as he thinks fit and serve the Confirmation Order on such person and such order shall be binding on such person; and such person shall be liable for carrying out the orders of the Commissioner within the period specified in such confirmation order. (4) If within the period specified in such confirmation order, the orders contained therein are not carried out by such person, the Commissioner may demolish such unauthorized construction or reconstruction or work and the expenses thereof shall be recoverable from the said person. (5) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the removal of any development or the discontinuance of the development. (6) The provisions of this section shall be in addition to and not in derogation of any other provision relating to stoppage of building operation contained in any other law for the time being in force. (7) Any person aggrieved by an order of the Commissioner made under sub-section (3) may, within fifteen days from the date of receipt of the order, prefer an appeal against the order to the Tribunal appointed under section 118 of the Act. (8) Where an appeal is preferred under sub-section (7) against an order made under sub-section (3), the Tribunal may stay the enforcement of the order on such terms, and for such period, as it may think fit; (8) Provided that where the construction or re-construction of the building or the execution of the work has not been completed at the time of the order made under sub-section (3), no order staying the enforcement of the order made under that sub-section shall be made by the Tribunal unless a surety, sufficient in the opinion of the said Tribunal, has been given by the appellant for not proceeding with such construction or re-construction or work pending the disposal of the appeal. (9) Save as provided in this section, no court shall entertain any suit, appeal, application or other proceeding for injunction or other relief against the Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section. (10) Every order made by the Tribunal on appeal and, subject to such order, the order made by the Commissioner under sub-section (3) shall be final and conclusive. (11) Where no appeal has been preferred against an order made by the Commissioner under sub-section (3) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any, fixed by the Tribunal on appeal, and on the failure of such person to comply with the order within such period, the Commissioner may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of property tax under the Act.

(1) Where any development of land or construction of building as stated in sub-section (1) of section 114 is being carried out but has not been completed, the Commissioner may serve on the owner and the person carrying out the development, an order requiring the development of land to be discontinued from the time of the service of the order; and thereupon, the provisions of sub-sections (1) to (4) of section 115 shall so far as may be applicable apply in relation to such order, as they apply in relation to the order under section 115. (2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such order has been served shall, be punished with a fine equivalent to twenty percent of the value of the land as fixed by the Registration Department at the time of undertaking the development of the land or building, and in the case of a continuing offence with a further daily fine which may extend to fine equivalent to one percent of the value of the land as fixed by the Registration Department for every day after the date of the service of the order during which the non-compliance has continued or continues. (3) Where such developments are not discontinued in pursuance of the order under sub-section (1), the Commissioner or the officer of the authority or the competent authority as the case may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (4) It shall be lawful for the Authority or the Commissioner, as the case may be, at any time, before or after making an order for the removal or discontinuance of any unauthorized development or construction under the provisions of the Act, to make an order directing the sealing of such development or property or taking the assistance of the police, for the purpose of carrying out the provisions of the Act. (5) Where any development or property has been sealed, the Authority or the Commissioner, as the case may be, may, for the purpose of removing or discontinuing such development or property, order such seal to be removed. (6) Any person aggrieved by an order an order of the Commissioner made under sub-section (4) may, within seven days from the date of the order, prefer an appeal against the order to the Tribunal appointed under section 118. (7) Where an appeal is preferred under sub-section (6) against an order made under sub-section (4), the Tribunal may stay the enforcement of the order on such terms, and for such period, as it may think fit. (8) Save as provided in this section, no court shall entertain any suit, appeal, application or other proceeding for injunction or other relief against the Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section. (9) Every order made by the Tribunal on appeal and, subject to such order, the order made by the Commissioner under sub-section (4) shall be final and conclusive. (10) Where no appeal has been preferred against an order made by the Commissioner under sub-section (4) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the Commissioner shall take action to implement the order made under sub-section (4). (11) No person shall remove such seal except under an order made by the Authority or the Commissioner.

Any expenses incurred by the Commissioner under sections 115 and 116 of the Act shall be a sum due to the Authority under the Act from the person in default or the owner of the plot.

(1) The Government shall appoint a Building Tribunal or Tribunals (hereinafter referred to as ‘the Tribunal’) to hear and decide appeals arising out of matters referred to in sections 114, 115, and 116 and to adjudicate the offences relating to contravention of provisions of the Act in accordance with such procedure, and to realize such fees as fines in connection with such appeals as may be prescribed. (2) The Tribunal shall consist of a Chairman and such number of other members, not exceeding six as the government may determine. The members shall consist of judicial and technical members. (3) The Chairman may constitute one or more benches, each bench comprising of at least two members, one of whom shall be a judicial member and another technical member. (4) The Chairman or the judicial member shall be a person who is or has been a member of the Andhra Pradesh State Judicial Service, having such experience as may be prescribed. (5) A technical member shall be a person who is working or retired in the cadre of Director of Town and Country Planning in Andhra Pradesh Town Planning Service. (6) The Chairman and other members of the Tribunal shall be appointed by the government for such period and on such terms and conditions, as the government may determine and shall be paid from the Development Fund. (7) The government may, if it thinks fit, remove for reasons of incompetence or misconduct or for any other compelling or sufficient reason the Chairman or any other member of the Tribunal. (8) The Tribunal shall have an establishment consisting of such officers and employees, appointed on such terms and conditions, as may be prescribed, and the expenses of the Tribunal shall be paid out of the development fund. (9) The provisions of Part II and III of the Limitation Act 1963 (Central Act No.36 of 1963.) relating to appeal shall apply to every appeal preferred under this section. (10) No court shall have jurisdiction in any matter for which provision is made in this Chapter for appeal to the Tribunal.