Chapter XIV Chapter XIV

(1) No person shall erect or re-erect any building or make or extend any excavation or layout any means of access to a road within such a distance not exceeding one hundred and fifty metres on either side of the road reservation of a by-pass or within such a distance not exceeding fifty metres on either side of the road reservation of any scheduled road not being a by- pass as the State Government may, by notification, specify from time to time: Provided that the extent of limits as aforesaid may vary for different stretches of a scheduled road. (2) Nothing in sub-section (1) shall apply -(a) to a building which was in existence, immediately before the date from which notification specifying the distance under sub-section (1) on either side of the road reservation of a by-pass or of a scheduled road not being a by-pass, has come into force, or, to any repair or erection or re- erection of such a building which does not involve any structural alteration or addition therein; or (b) to the erection or re-erection of a building referred to in clause (a) which involves any structural alteration or addition, with the permission of the Competent Authority ; or (c) to the laying out of any means of access to a road, with the permission of the Competent Authority ; or (d) to the erection or re-erection of a motor fuel filling station or a bus queue shelter, with the permission of the Competent Authority. (3) Notwithstanding anything contained in any law for the time being in force, no person, authority or a Department of the State Government shall sanction any building plan, give water connection, sewerage connection, telephone connection or electricity connection to any building or land, in respect of which prohibition under sub-section (1) has been imposed.

(1) Every person desiring to obtain the permission referred to in clauses (b), (c) and (d) of sub-section (2) of section 143 shall make an application in writing to the Competent Authority in such form and containing such information in respect of the land, building, excavation or means of access to a road to which the application relates, as may be prescribed. (2) On receipt of an application under sub-section (1), the Competent Authority after making such enquiry as it considers necessary, shall by order, in writing, either,- (a) grant the permission subject to such conditions, if any, as may be specified in the orders; or (b) refuse to grant such permission. (3) If, at the expiration of a period of sixty days after an application under sub-section (1) has been made to the Competent Authority, no order, in writing, has been passed by it, the permission shall be deemed to have been given without the imposition of any condition. (4) The Competent Authority shall maintain such register as may be prescribed with such particulars of all such cases in which permission is given or deemed to have been given or refused by it under this section, and the said register shall be available for inspection without charge by all persons interested and such persons shall be entitled to obtain copy of the extract of the register relevant to such persons on payment of such fee as may be prescribed.

Any person aggrieved or affected by an order of the Competent Authority under sub-section (2) of section 144 granting permission subject to conditions or refusing permission may, within thirty days from the date of the receipt of such order, prefer an appeal to the State Government and the order of the State Government on such appeal shall be final.

(1) Any person who contravenes the provisions of section 142 or contravenes any conditions imposed by an order under section 143 shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or, with both, and in the case of continuing contravention with a further fine which may extend to one thousand rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention. (2) Without prejudice to the provisions of sub-section (1), if the Competent Authority after making such enquiry as it may consider necessary and after affording an opportunity of being heard to the person concerned, is satisfied that such person has committed a breach of the provisions referred to in the said sub-section, it may pass an order, requiring that person to restore to its original state or to bring into conformity with the conditions which have been violated, as the case may be, building or land in respect of which such contravention as is described in the said sub-section has been committed and if such person fails to do so within two months of the order, may itself take such measures as may appear to it to be necessary to give effect to the order and the cost of such measures shall, if not paid on demand being made to him, be recoverable from such person as an arrears of land revenue.

Nothing in this Chapter shall apply to- (i) anything made or constructed in the area comprised in the abadi- deh of any village falling inside, its Lal-Lakir or phirni; (ii) a place of worship or tomb of cenotaph or a wall enclosing graveyard, place of worship, cenotaph or samadhi; on land which, on the date of the publication of notification under sub-section (1) of section 143; is occupied by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi. (iii) excavations including wells or other operations made in the ordinary course of agriculture; and (iv) the construction of a road intended to give access to land for agricultural purposes or purposes sub servient to agriculture.