section 20
No development to be undertaken without the permission of the Authority.
The Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018General201856 sections
Statutory text
- (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Metropolitan Region of the type as the Authority may from time to time specify, by notification in the 1[Government Gazette], and which in the opinion of the Authority, is likely to adversely affect the overall development of the Metropolitan Region.
- (2) Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development.
- (3) The Authority shall, after making such inquiry as it deems necessary and within 60 days from the receipt of an application under sub-section (2), grant such permission without any conditions or with such conditions as it may deem fit to impose or refuse to grant such permission. If the Authority fails to communicate its decision to grant or refuse permission to the applicant within sixty days from the date of receipt of his application, or within sixty days from the date of receipt of compliance of requisition, if any, made by the Authority, whichever is later, such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of such sixty days, but subject to the provisions of the Development Plan or the Regulations or the building control regulations and bye-laws, if any, applicable for the time being to such development.
- (4) Any authority or person aggrieved by the decision of the Authority under sub-section (3), may, within forty days, appeal against such decision to the Government, whose decision thereon shall be final : Provided that, where the aggrieved authority submitting such appeal is under administrative control of the Central Government, the appeal shall be decided by the Government, after consultation with the Central Government.
- (5) In case any person or authority contravenes any condition imposed under sub-section (3) or does anything contrary to the decision given under sub-section (4), the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned.
- (6) Without prejudice to the powers exercised by the Authority under this Act and notwithstanding the powers exercised by any other authority in the Metropolitan Region, any difference or disputes between such other authorities and the Metropolitan Region Development Authority only in respect of matters of proper, orderly and rapid development of any part of the Metropolitan Region shall be referred to the Authority whose decision thereon shall be final and binding on such other authorities.
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