Decision of Planning Officer to be final in certain matters and variation of scheme in view of decision in Appeal

(1) Where no appeal has been presented under section 71, in respect of a matter arising out of clause (c), (d), (e), (f), (g) and (i) of sub-section (3) of section 69, the decision of the Planning Officer shall be final and binding on all the parties. (2) The Board of Appeal shall send a copy of its decision in appeal to the Planning Officer who shall, if necessary, make any variation in the scheme in accordance with such decision and shall forward the Final Scheme together with a copy of his decision under section 70 and a copy of the decision of the Board of Appeal in appeal to the Government for the sanction of the Final Scheme. (2) On receipt of the application for Development Permission under sub-section (1), the Commissioner, after making such enquiry as consider it necessary in relation to any matter concerning the master plan, infrastructure plan, development plan and regulations, area development plan, notified development scheme, layout regulations, development promotion regulations, aesthetics, architectural and urban design control briefs, landscaping stipulations or in relation to any other matter, may issue a development permission order either,- (a) granting permission unconditionally, or (b) granting permission subject to such conditions and as it may consider necessary, or (c) refuse permission citing the grounds of such refusal which shall be recorded in writing in the order. (3) No compensation shall be payable for the refusal of a permission or for the imposition of modifications or conditions in granting permission. (4) If within sixty days after the receipt of such application made under this section for development permission for layout or such similar land development scheme or construction of building or of any information or further information required, the Commissioner has neither granted or refused permission, such permission shall be deemed to have been granted and the applicant after intimating the Commissioner in writing, may proceed to carry out the development but not so as to contravene any of the provisions of the Act or plans or schemes or any rules or regulations made under the Act. (5) If any person carries on any development work or retains the use of any building or work or continues the use of land in contravention of the provisions under the Act, or of any development permission granted under the Act, the Commissioner may direct such person, by notice in writing, to stop further progress of such work or to discontinue any use and may, after making an inquiry in the prescribed manner, remove or pull down any building or work carried out and restore the land to its original condition or as the case may be, take any measure to stop such use. (6) Any expenses incurred by the Commissioner under sub-section (5) shall be a sum due to the Authority under the act from the person in default. (7) The development permission order may among other conditions contain the implementation of master plan and infrastructure plan and regulations, area development plan, notified development scheme, layout regulations, development promotion regulations layout regulations, development promotion regulations, road network and other communication network system and the area of land affected and to be surrendered free of cost to the Authority for development in accordance with such sanctioned Plan or regulations. (8) In such layouts and such other similar site development,- (a) such development permission shall be considered only if the same is undertaken through a licensed developer; (b) the licensed developer shall be required to mortgage fifteen percent of the plotted saleable land to the Authority as surety for carrying out the developments and complying with other conditions as per specifications and in the given time period, in the failure of which, the Commissioner shall be empowered to sell away the mortgaged plots and utilize the amount so realized for completion of the development works.