section 49
Sanction for sub-division of plot or layout of private street and restriction on registration of purchase, sale or transfer of immovable property.
The Goa Town and Country Planning Act, 1974Infrastructure1974157 sections11 chapters
Chapter VII Control of Development and Use of Land
Statutory text
- (1) Any person intending to sub-divide his plot or make or layout a private street, on or after the date on which a public notice of the preparation of a Development Plan is published under sub-section (1) of section 35, shall submit the layout plan together with the prescribed particulars to the Planning and Development Authority for sanction.
- (2) The Planning and Development Authority may within the prescribed period, sanction such plan either with or without modifications and conditions as it considers expedient or may refuse to give sanction if it is of the opinion that such sub-division, making or layout is not in conformity with the proposals contained in a Development Plan.
- (3) When the sanction is granted subject to conditions or refused, the grounds for imposing such conditions or such refusal shall be recorded in writing in the order and such order shall be communicated to the applicant in the manner prescribed.
- (4) If any person does any work in contravention of the provisions of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or inspite of the refusal of sanction under sub-section (2), the Planning and Development Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition.
- (5) Any expenses incurred by the Planning and Development Authority under sub-section (4) shall be a sum due to the Planning and Development Authority under this Act from the person in default. 81[(6) Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of sub-section (1) of section 29 of the Registration Act, 1908, purports to transfer, assign, limit or extinguish the right, title or interest of any person, in respect of plots which are not as per Survey Plan issued by Survey Department or plots which have no development permissions for such sub-division from Planning and Development Authority 82[within a planning area or from the Town and Country Planning Department within a area other than a planning area], no registering officer appointed under the Act, shall register any document, unless the owner of such plot produces a certificate of sanction or a certificate of “no objection” from the Planning and Development Authority exercising jurisdiction in respect of the 83[in Central Act 16 of 1908. respect of the planning area or from the Chief Town Planner (Planning) or such officer as may be authorised by him by notification in the Official Gazette, in respect of such other area]: 84[Provided that no such certificate of sanction or “no objection” shall be required to be produced to transfer, assign, limit or extinguish the right, title or interest in respect of plot to be acquired through inheritance in an ancestral property or in family property by the legal heirs pursuant to Succession Deed, Inventory proceeding, Will, family partition/settlement, gift, governed by the provisions of the Goa Succession, Special Notaries and Inventory Proceedings Act, 2012 (Goa Act 23 of 2016) and the law in force: Provided further that such development permission shall be required where subdivision results in plots in excess of number of legal heirs.] Provided further that no such certificate of sanction or no objection shall be required to be produced for the purpose of mortgaging immovable property in favour of any financial institution notified by the Government by a notification in the Official Gazette, for the purpose of this Act.]
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