Chapter VI CONTROL OF DEVELOPMENT AND USE OF LAND

Use and Development of Land to be in conformity with Development Plan.-After the coming into operation of any Development Plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Development Plan. Provided that the Planning Authority may allow the continuance for a period not exceeding 10 years, upon such terms and conditions as may be prescribed by the Regulations made in this behalf, of the use of any land for the purpose for and to which it is being used on the date on which such Development Plan came into operation.

Prohibition of Development without payment of development charges and without permission.-

1. (1) After the application of this Act to any area and subject to the provisions relating to development charges and other provisions of this Act, no development or change of use of any land shall be undertaken or carried out in that area :-
   • (a) without obtaining a certificate from the Planning Authority certifying that the development charge as levied; and
   • (b) without obtaining the permission in writing as provided for in Sub Section-(2) Provided that no such permission shall be necessary –
     • (i) for carrying out such works for the maintenance, improvement or other alteration of any building, which effect only the interior of the building or which do not materially affect the external appearance of the building;
     • (ii) for the carrying out of any work in compliance with any order or direction made by any authority under any law for the time being in force;
     • (iii) for the carrying out of any works by any authority in exercise of its powers under any law for the time being in force;
     • (iv) for the carrying out by the Central or the State Government or any Local Authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;
     • (v) for the carrying out by the Central or the State Government or any Local Authority of any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, telephone or other apparatus or the breaking open of any street or other land for such purpose;
     • (vi) for any excavation (including wells) made in the ordinary course of an agricultural operation;
     • (vii) for the construction of a road intended to give access to land solely for agricultural purposes;
     • (viii) for the normal use of land which has been used temporarily for other purposes;
     • (ix) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;
     • (x) for use, for any purpose incidental to the use of a building for human habitation or any other building or land attached to such building.
2. (2) The Planning Authority on receipt of application shall within three months grant permission, refuse to grant permission or grant permission with such conditions or modifications as it thinks fit.

Permission for Development in Peripheral area.-Any person intending to carry out any development on any land and building in an area declared as a Peripheral Area to a Planning Area shall make an application in writing to the Planning Authority for permission in such form and containing such particulars and accompanying such documents and fees as may be prescribed.

Permission for Development Permission for Development.

1. (1) After notification of the Development Plan every land use, every institution of use, change in land use, every building operation and every development in the Planning Area shall conform to the Development Plan.
2. (2) Any person or body(excluding a department of Central or State Government or Local Authority) intending to carry out any development on any land in conformity with the Development Plan shall make an application in writing to Planning Authority for permission in such form containing such documents and plans as may be prescribed by the Rules,
3. (3) On such application having been duly made and on payment of the development charge and other fees levied under this Act or Rules or Regulations made there-under:
   • (a) The Planning Authority shall pass within the time as prescribed an order:
     • (i) granting permission unconditionally; or
     • (ii) granting permission subject to condition as it may think fit; or
     • (iii) refusing permission
   • (b) Without prejudice to the generality of the foregoing clause the Planning Authority may impose conditions –
     • (i) to the effect that the permission granted is only for a limited period and that after the expiry of that period the land shall be restored to the previous condition or the use of land permitted shall be discontinued.
     • (ii) for regulating the development or use of any other land under the control of applicant or for the carrying out of works on any such land as may appear to the Planning Authority expedient for the purpose of permitted development.
4. (4) Every order of permission, refusal of permission or permission with conditions shall be recorded in writing and communicated to the applicant in the manner prescribed.
5. (5) The development permission order may among other conditions contain the relevant provisions of Development Plan, requirement for road and other communication network system and the area of land affected by and to be surrendered to the Planning Authority which may be entitled and reckoned for computation of Transferable Development Right in the manner prescribed.
6. (6) Notwithstanding anything contained in Sub-Section (1), in case of a department of Central or State Government or Local Authority (where Local Authority is not also the Planning Authority) intending to carry out any development other than Operational Constructions on any land the concerned department or the authority as the case may be shall notify in writing to the Planning Authority of its intention to do so giving full particulars thereof and accompanied by such documents and plans as may be prescribed by the Government from time to time, at least one month prior to the undertaking of such development. Where the Planning Authority has raised any objection in respect of the conformity of the proposed development either to Development Plan or to any of the building bye-laws in force at the time or due to any other material consideration, the department or Local Authority, as the case may be, shall –
   • (a) either make necessary modifications in the proposal for development to meet the objection raised by the Planning Authority, or
   • (b) submit the proposals for development together with objections raised by the Planning Authority to the Government for decision. When such proposals and objections have been submitted to the Government, no development shall be undertaken until the Government has finally decided the matter. The Government on receipt of the proposals for development together with the objections raised by the Planning Authority, shall in consultation with the Town and Country Planning Organization either approve the proposals with or without the modifications or direct the concerned departments or Local Authority as the case may be to make such modification as considered necessary.

Appeal against grant of development permission subject to conditions or refusal of development permission.-

1. (1) Any applicant aggrieved by an order passed under Section-31, Section-32 and Section-33, may appeal to the Tribunal constituted under this Act.
2. (2) After hearing the appellant and the Planning Authority, the Tribunal may pass an order dismissing the appeal or accepting the appeal by –
   • (a) granting permission unconditionally; or
   • (b) granting permission subject to such condition as it may think fit; or
   • (c) removing the conditions subject to which permission has been granted; and imposing other conditions, if any, as it may think fit.

Lapse of Permission.-Every permission granted under Section-31, Section-32 and Section-33 shall remain enforced for a period of two

1. (2) years from the date of such grant and there after it shall lapse. Provided that the Planning Authority may, on an application made to it, from time to time, extend such period by not more than six months at a time, but the extended period shall in no case exceed three
2. (3) years in aggregate;

Revocation of permission Revocation of permission.-The Planning Authority may revoke any development permission issued under Section-31, Section-32 and Section-33whenever it is found that it was obtained by making any false statement or misrepresentation or suppression of any material fact.

Power of Revocation and Modification of Permission for Development.-(1) If at any time it appears to the Planning Authority that it is necessary or expedient, having regard to the Development Plan that may have been prepared or may be under preparation, or to be prepared, and also having regard to any variation made in the Development Plan and to any other material consideration, that any permission to develop land or building granted under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard, by an order, revoke or modify the permission to such extent as appears to be necessary; Provided that where permission relates to change of use of land or any building operation or other operation, no such order shall be passed after the change has taken place.

1. (2) When any permission is revoked or modified by an order made under Sub-Section (1), and any owner claims compensation from the Planning Authority, within the time and in the manner prescribed, for the expenditure incurred in carrying out any development after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification, the Planning Authority shall, after giving the owner reasonable opportunity of being heard assess and offer such compensation to the owner as it thinks fit.
2. (3) If the owner does not accept the compensation, and gives notice, within such time as may be prescribed, of his refusal to accept the compensation the Planning Authority shall refer the matter for the adjudication to the Tribunal constituted under Chapter-XII or to the Board of Revenue as prescribed in the Rules under the Act and the decision of the Tribunal or the Board of Revenue shall be final and binding on the owner and the Planning Authority.

Deviation During Development or Undertaking of Layout Works and Unauthorized Development or Construction.-(1) If during the execution of any development works, layout works, and civil works any deviation or departure is to be made from the development permission order granted, the owner shall obtain revised sanction as per the procedure laid down in Section-33.

1. (2) Where a development or construction is found to have been undertaken by an owner, builder or developer without approval, without obtaining a development permission order, or in violation of the Development Plan, Zonal Development Plan or an Area Development Scheme or any rule, regulation or order, the Planning Authority or the Local Authority on its own or on advice of the Planning Authority concerned shall take immediate necessary steps against the said unauthorized development or construction as per the provisions of the Act or any other law.

Connection of public utilities to Only Permitted Buildings.-Notwithstanding anything contained in any other law, local bodies, organizations or agencies responsible for provision of public utilities like supply of drinking water, electricity, drainage, sewerage facility and rendering such other services to buildings, or installations in the Planning Area shall provide electricity and water connection or such other public services to only such buildings which have been permitted by the competent authority under law.

Plans to Stand Modified in Certain Cases Plans to Stand Modified in Certain Cases.-

1. (1) Where any land situated in any Planning Area is required under a Development Plan or Zonal Development Plan to be kept as an open space or un-built upon or is made subject to compulsory acquisition in such a Plan and if at the expiration of two years from the date of operation of the plan or amendment of the Development Plan (making the land subject to compulsory acquisition), the land is not acquired or compulsorily acquired for the purpose of the Development Plan , the owner of the land may serve on the Government a notice requiring his interest in the land to be so acquired.
2. (2) If the government fails to acquire the land within a period of a six months from the date of receipt of the notice under sub-section (1), the Development Plan or Zonal Development Plan, as the case may be, shall have effect after the expiration of the said six months, as if the land were not required to be kept as an open space or un-built upon or were not designated as subject to compulsory acquisition.

Penalty for Unauthorized Development or for Use in Non-Conformity with the Development Plan.-

1. (1) Any person who, whether at his own instance or at the instance of any other person or body commences, undertakes or carries out any development, or institutes or changes the use of any land or building.
   • (a) in contravention of any Development Plan;
   • (b) without necessary permission as required under this Act;
   • (c) in contravention of any condition subject to which such permission has been granted;
   • (d) after the permission for development has been revoked under section-39; or
   • (e) in contravention of the permission which has been modified under section-39; shall be punishable with simple imprisonment for a term which may extend to six months, or with a fine which may extend to one lac rupees or with both and in the case of a continuing offence with a further fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first commission of the office.
2. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development Plan without having been allowed under section-33, section-34 and section-35 or where the continuance of 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 punishable with simple imprisonment for a term which may be extend to six months, or with a fine which may be extend to fifty thousand rupees or with both and in the case of continuing offence with a further fine which may be extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

Power to Require Removal of Unauthorized Development.-

1. (1) Where any development of land has been or is being carried out as described in section-41, the Planning Authority shall serve on the owner a notice requiring him, within such period, not exceeding one month, as may be specified therein, after the service of the notice, to take such steps as may be specified in the notice, which, inter-alia, may order,
   • (a) in cases specified in clauses (a),
   • (b) or (d) of sub-section (1) of section-41 to restore the land to its condition before the said development took place;
   • (b) in cases specified in clause (c) or (e) of sub-section (1) of section-41 to secure compliance with the conditions or with the permission as modified;
2. (2) In particular, any such notice may, for the purpose aforesaid require-
   • (a) the demolition or alteration of any building or works;
   • (b) the carrying out on land, or any building of other operations; or
   • (c) the discontinuance of any use of land and building; Provided that in case the notice required the discontinuance of any use of land or building, the Planning Authority shall serve a notice on the Occupier also.
3. (3) Any person aggrieved by such notice may, within the said period and in the manner prescribed-
   • (a) apply for permission under Section-31, Section-32 and Section-33as the case may be for the retention of land or any buildings or works or for the continuance of any use of the land, to which the notice relates; or
   • (b) appeal to the Tribunal as may be prescribed. (4)
   • (a) The notice shall be of no effect pending the final determination or withdrawal of the appeal before the Tribunal. (b)
     • (i) The provisions of Section34 shall apply to such application with such modifications as may be necessary.
     • (ii) If such permission as aforesaid is granted on that application, the notice shall not take effect, or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall not take effect regarding such buildings or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.
4. (5) The Tribunal may dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit.
5. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under Sub-Section (3) the notice or so much of it as continues to have effect, or the notice with variation made in appeal, is not complied with, the Planning Authority may-
   • (a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and (b)
     • (i) in the case of a notice requiring the demolition or alteration of any building or works on any building to restore it to a condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, take such steps as the Planning Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations;
     • (ii) the Planning Authority may recover the cost of any expenses incurred by it on performing its duties under sub-clause (i) above, from the owner as arrears of land revenue.
6. (7) Any person prosecuted under clause (a) of Sub-Section (6) shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

Power to Stop Unauthorized Development and Requisition of Police.-

1. (1) Where any development of land or building as described in section-38 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land or building to be discontinued from the time of the service of such notice.
2. (2) Where such notice has been served, the provisions of Sub-Section (2) and Sub-Section (3) of Section-42 shall apply with such modification as may be necessary; Provided that provisions of clause (a) of Sub-Section-(4) of Section-42 shall not apply and in spite of the filing of an application for permission for development or an appeal as provided in Sub-Section (3) of Section-42, the notice shall continue to have full effect.
3. (3) Any person, who continues to carry out the development of land and building, whether for himself or on behalf of the owner or any other person, after such notice has been served, shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees or with both and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which non-compliance has continued or continues.
4. (4) If such notice is not complied forthwith, the Planning Authority or such officer of the Planning Authority, who may be authorized in this behalf, may require any police officer to remove such person and all assistants and workmen from the land at any time after the service of such notice and such police officer shall comply with the requisition accordingly.
5. (5) After the requisition under Sub-Section (4) has been complied with, the Planning Authority or such officer of the Planning Authority who may be authorized in this behalf, may, if he thinks fit, depute, by a written order, a police officer or any officer or employee of the Appropriate Authority to watch the land or building in order to ensure that the development is not continued.
6. (6) where a police officer or an officer or an employee of the Planning Authority has been deputed under Sub-Section (5) to watch the land or building the cost of such deputation shall be paid by the person at whose instance such development is being continued or to whom notice under Sub-Section (1) was given and shall be recoverable from such person as arrears of land revenue.

Power to Require Discontinuation of Use of Land and Removal or Alteration of Building.-(1) If it appears to the Planning Authority that it is expedient in the interest of proper planning in the Planning Area including the interests of provision of civic facilities, infrastructure and other amenities, having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration:

1. (a) that any use of land should be discontinued; or
2. (b) that any conditions should be imposed on the continuance thereof; or
3. (c) that any building or works should be altered or removed; the Planning Authority may serve notice on the owner,
   • (i) to require the discontinuance of that use of land; or
   • (ii) to impose such conditions, as may be specified in the notice, on the continuance thereof; or
   • (iii) to require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.

1. (2) Any person aggrieved by such notice, may within the said period and in the manner prescribed, appeal to the Tribunal;
2. (3) If an appeal is filed under Sub-Section (2), the provisions of clause (a) of sub-section (4) of section-42 and Sub-Section (5) of section-42 shall apply, with such modifications as may be necessary.
3. (4) If any person-
   • (a) who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land; or
   • (b) who has carried out any works in compliance with the notice, or incompliance with the notice the land becomes incapable of reasonably beneficial use. claims, from the Planning Authority, within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the Planning Authority shall designate an officer to hear the applicant and make a report to the authority. The Planning Authority shall, after consideration of the aforesaid report, assess the compensation and offer it to the applicant under the provisions of this Act and Rules made thereon.
4. (5) If the owner does not accept the compensation, and gives notice, within such time as may be prescribed, of his/her refusal to accept the compensation the Planning Authority shall refer the matter for adjudication to the Tribunal and the decision of the Tribunal shall be binding on the owner and the Planning Authority.

Interim Provision Pending Preparation of Development Plan.-Where the Planning Authority, in the exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of a Development Plan before such Development Plan has become operative, the Planning Authority shall have regard to the provisions of the Development Plan for securing the proper planning of the concerned area.