Diversion of land for other purposes

(1) If any person holding land for any purpose wishes to divert such land or any part thereof to any other purpose except agriculture, he shall apply for permission to the competent authority which may, subject to the provisions, of this section and to the rules made under this Act, refuse permission or grant it on such conditions as it may think fit. (2) Permission to divert, may be refused by the competent authority, only on the ground that the diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the holder is unable or unwilling to comply with the conditions that may be imposed under sub-section (3). (3) Conditions may be imposed on diversion for the following objects and no others namely in order to secure the public health safety and convenience and in the case of land which is to be used as building sites, in order to secure, in addition, that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality. (4) If any land has been diverted without permission by the holder or by any other person with or without the consequent of the holder, the competent authority, on receiving information thereof, may impose on the person responsible for the diversion, a penalty not exceeding Rs. 500, and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert had been made. (5) If any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the competent authority may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition ; and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied, and the competent authority may also impose on such person a penalty not exceeding Rs. 500 for such contravention and a further penalty not exceeding Rs. 10 for each day during which such contravention continues. Explanation:- "Diversion" in this section means using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.