Chapter X Chapter X

CONTROL OF DEVELOPMENT, USE OF LAND AND CONSTRUCTION OF BUILDINGS IN REGION AND PLANNING AREA

The overall control of development and the use of land or construction or re-construction of any building in the planning areas or regions shall be vested to the appropriate authority designated by the Government, as from the date of publication in the Official Gazette.

After coming into force of the Development Plan, the use and development of land and building shall conform to the provisions of the Development Plan: Provided that the Department may, at its discretion, permit the continued use of land and building for the purpose for which it was being used at the time of the coming into operation of the Development Plan:

Prohibition of development without permission After coming into operation of the Development Plan, no person shall change the use of any land or carry out any development of land and building without the permission in writing of the Department. Provided that no such permission shall be necessary-

1. (i) For carrying out work for the maintenance repair or alteration of any building which, does not materially alter the external appearance of the building;
2. (ii) for carrying out work for the improvement or maintenance of highway, road or public street by the Union or State Government or an authority established under this Act or by Local authority having jurisdiction provided that such maintenance or improvement does not change the road alignment contrary to the provisions of the Development Plan;
3. (iii) for the purpose of inspecting, repairing or renewing of any drain, sewers, main pipe, cables, telephones or other apparatus including the breaking open of any street or other land for that purpose;
4. (iv) for the excavation or soil shaping in the interest of agriculture;
5. (v) for restoration of land to its normal use where land has been used temporarily for any other purposes;
6. (vi) for use for any purpose incidental to the use of buildings or land attached to such buildings;
7. (vii) for the construction of road intended to give access to land solely for agriculture purposes.

1. (1) When the Union Government or the State Government intend to carry out development of any land for the purpose of its departments or office or authorities, the Officer-in-charge thereof shall inform in writing to the Department to do so, giving full particulars thereof, accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.
2. (2) Where the Department raises any objection to the proposed development on the ground that Development Plan, the Officer shall -
   • (i) make the necessary modification in the proposals for development to meet the objections raised by the Department; or
   • (ii) submit the proposal for development together with the objections raised by the Department to the State Government for decision; Provided that where no modification is proposed by the Department within thirty days of the receipt of the proposed plan by the Government, the Development Plan will be presumed to have been approved.
3. (3) The State Government, on receipt of the proposal for development together with the objections of the Department shall, approve the proposals with or without modifications or direct the Officer to make such modifications in the proposals as it considers necessary in the circumstances;
4. (4) The decisions of the State Government under sub-section
5. (3) shall be final and binding.

1. (1) Any person, not being the Union Government, State Government, a Local Authority or any Authority constituted under this Act intending to carry out any development or sub-division on any land, shall make application in writing to the Department for permission, in such form and containing such particulars and accompanied by such documents, design etc. as may be prescribed.
2. (2) Such application shall also be accompanied by such fees as may be prescribed.
3. (3) Without prejudice to the provisions of sub-section
4. (1) or any other provisions of this Act, any person intending to execute a Township Project on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be a Township Project by notification in the Official Gazette or, reject the application.

1. (1) On receipt of an application under section 64 the Appropriate Authority may, subject to the provisions of this Act by order in writing -
   • (i) Grant the permission unconditionally;
   • (ii) grant the permission, subject to such conditions as may be deemed necessary under the circumstances; or
   • (iii) refuse the permission.
2. (2) Every order granting permission subject to conditions or refusing permission shall state the grounds for imposing such conditions or for such refusal;
3. (3) Any permission granted under sub-section
4. (2) shall be communicated to the applicant in such manner as may be prescribed;
5. (4) Every order under sub-section
6. (2) shall be communicated to the applicant in such manner as may be prescribed;
7. (5) If the Appropriate Authority does not communicate its decision whether to grant or refuse permission to the applicant within six months from the date of receipt of his application, such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of six months. Provided that in computing the period in between the date of requisitioning any further information of documents from the applicant and date of receipt of such information or documents for the applicant shall be excluded.

1. (1) Any applicant aggrieved by an order granting permission on conditions or refusing permission under section 65 may, within thirty days of the date of communication of order to him submit an appeal to Appellate Authority i.e., the Deputy Commissioner of the concerned District in this behalf, and such appeal shall be made in such manner and accompanied by such fees may be prescribed.
2. (2) The Appellate Authority shall, after giving a reasonable opportunity to the appellant and the Approving Authority to be heard and thereafter, decide to allow the petition made by the appellant as it is or subject to conditions thereof by an order.
3. (3) Any order made in sub-section
4. (2) shall be final.

Every permission granted under section 65 shall remain in force for a period of five year from the date of such grant and thereafter is shall lapse. Provided that such lapse shall not bar any subsequent application for fresh permission under this Act. Provided further that, the Appropriate Authority may, on an application, extend such period from year to year but the total period shall, in no case exceed three years from the date on which the permission was initially granted.

1. (1) If it appears to the Appropriate Authority that it is expedient, and the development for which the permission is accorded earlier is detrimental to any of the planning interventions which are in force or under preparation and to any other material considerations or to any other law time being in force, the Appropriate Authority shall by an order specifying the reasons may, revoke or modify or suspend for a specific period, the permission to such an extent it appears to be necessary.
2. (2) Where permission is revoked or modified by an order under section (1), and the owner claims before the Appropriate Authority in the expenditure incurred in carrying out the works in respect of the permission granted which has been rendered abortive by the revocation or modification. Provided that, before issuing an order in respect to any claims, the Appropriate Authority shall give the owners and the officers of the authority involved in granting the permission, a reasonable opportunity of being heard.
3. (3) If the owner does not accept the amount and gives notice within such time as may be prescribed, of his refusal to accept, the Appropriate Authority shall refer the matter for the adjudication of the court and the decision of the court shall be final and be binding on the owner and the Appropriate Authority.

Any person who whether at his own instance or at the instance of any other person commences, undertakes or carries out any development or changes use of any land -

1. (a) without permission required under this Act;
2. (b) in contravention of the permission granted;
3. (c) after the permission for development has been duly revoked or
4. (d) in contravention of any permission which has been duly modified; shall without prejudice to any action that may be taken under section 68 be punished with simple imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees or with both, and in the case of a continuing offence with further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.

1. (1) Without prejudice to any of the provisions in the Act, in respect of any unauthorized development, the Appropriate Authority may, at any time, serve on the owner a notice requiring him, within such period being not less than one month and not exceeding three months as may be specified therein from the date of serving of notice -
   • (a) Restore the land to its condition existing before the said development took place;
   • (b) to secure compliance with the conditions or with the permission as modified; Provided that where the notice required the discontinuance of any use of land, it shall be served on the occupier also.
2. (2) In particular, such notice may for purpose of sub-section
3. (1) require-
   • (a) The demolition or alteration of any building or works;
   • (b) The carrying out on land, of any building or other operations; or
   • (c) The discontinuance any use of land.
4. (3) Any person aggrieved by such notice may within fifteen days of the receipt of the notice and in the manner prescribed, apply to the Appropriate Authority for permission under section 66 of this Act for retention on the land, or any building or works or for the continuance of any use of the land, to which the notice relates and till the time application is disposed off, the notice shall stand withdrawn.
5. (4) The foregoing provisions of this chapter shall, so far as may be applicable, apply to an application under sub-section (3).
6. (5) If the permission applied for is granted, the notice shall stand withdrawn, but if the permission applied for is not granted, the notice shall stand, or if such permission is granted or the retention only of some buildings or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects of such buildings or works or other parts of the land, as the case may be; and there upon the owner shall be required to take steps specified in the notice under sub-section
7. (1) as respects to such other buildings or works or part of the land.
8. (6) If within the period specified in the notice or within the same period after the notice or so much of it as it stands is not complied with, the Appropriate Authority may -
   • (i) prosecute the owner for not complying with the notice and whether the notice requires 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
   • (ii) where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations, itself cause the restorations of the land to its conditions before the development took place and secure the compliance with conditions of the permission or as modified by taking such steps as the Appropriate Authority may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations; and recover the amount of any expenses incurred by it in this regard from the owner as arrears of land revenue.
9. (7) Any person prosecuted under clause
   • (a) of sub-section
10. (6) shall, on conviction, be punished with simple imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees or with both and in the case of a continuing offence, with further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.
11. (8) the Deputy Commissioner of the concerned District shall by order in writing direct such person to remove any structure or building or work erected, or to discontinue the use of land or development made unauthorized; and any development or construction unauthorized made again, shall be summarily removed or discontinued summarily without making any order as aforesaid.
12. (9) Any expenses incurred by under sub-section 8 shall be recovered or met from the person in default or the owner of the land, building or land concerned.
13. (10) Any sum or fines due in relation to sub-section 8, which is not paid on demand on the day on which it becomes due or on the day fixed by the Appropriate Authority, a complaint shall be filed to the Deputy Commissioner who shall take action to realize the due or fines in favor of public demands under the Mizoram Public Demands Recoveries Act, 2001.
14. (11) No compensation shall be claimed by any defaulter for any damage which he may sustain in consequence of the removal of any structure or building or development, or the discontinuance of the use of land or development under sub-section 8.