The Jammu and Kashmir Development Act, 1970
Chapter V DEVELOPMENT.
Chapter V DEVELOPMENT.
13. Permission to be taken for development, etc.
After a notice approving the date of operation of the plan is published under section 11, no person including the Department of Government shall undertake or carry out development of any land or building in the zone unless permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act : Provided development of any land begun by a Department of Government or any local authority before the commencement of this Act may be completed by that Department or local authority.
Chapter V DEVELOPMENT.
14. Application for permission.
(1) Every person including a Department of Government desiring to obtain the permission referred to in section 13 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations. (2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules : Provided that no such fee shall be necessary in the case of an application made by a Department of the Government. (3) On receipt of an application for permission under sub-section (1), the Authority after making such inquiry as it considers necessary in relation to any matter specified in clause (d) of sub-section (2) of section 8 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order, or refuse to grant such permission : Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations. (5) The Authority shall keep in such form as may be prescribed by regulations a register of applications for permission under this section. (6) The said register, shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding Rs. 5 as may be prescribed by regulations. (7) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the Authority may, on the application for refund being made within three months of the communication of the grounds of the refusal under sub-section (4), direct refund of such portion of the fee as it may seem proper in the circumstances of the case.
Chapter V DEVELOPMENT.
15. User of land and buildings in contravention of plans.
After the coming into operation of a plan in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan : Provided that it shall be lawful to continue to use, upon such terms and conditions as may be prescribed by regulations made in this behalf, any land or building for the purposes and to the extent for and to which it is being used upon the date on which such plan comes into force.
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