Chapter IX Chapter IX

Subject to the provisions of this Act and the rules and regulations made thereunder, the State Government shall, with a view to securing planned development and use of land in a regional planing area, get surveys thereof carried out, maps as are necessary for the purpose of preparing regional plan for that area prepared and shall within such period or periods as the State Government may from time to time determine in this behalf, get a report of the surveys and the Regional Plan and such other documents, maps and information as it may deem fit for illustrating or explaining the provisions of the Regional Plan.

Subject to the provisions of this Act and any rules made thereunder for regulating the form of a Regional Plan and the manner in which it may be prepared and published, any such Regional Plan shall indicate the manner in which the State Government proposes that land in the regional planning area should be used, whether by carrying out thereon development or otherwise, the stages by which any such development any such development is to be carried out, the network of communications and transport, the proposals for conservation and development of natural resources, and such other matters as are likely to have an important influence on the development of the regional planning area and any such Regional Plan may in particular provide for all or any of the following matters, or for such matters thereof, as the State Government may direct, namely :- (a) demarcation of areas for agriculture, forestry, industry, mineral development, urban and rural settlements and other activities; (b) reservation of areas for open spaces, recreation, reserves, animal sanctuaries, dairies and health resorts; (c) transport and communication network such as roads, highways, railways, waterways, canals and airports including their development; (d) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and service including electricity and gas; (e) reservation of sites for new towns, industrial estates and any other large scale developments or projects which are required to be undertaken for proper development of the regional planning area; (f) preservation, conservation and development of areas of natural scenery, forest, wild life, natural resources, land-scaping, heritage site and control of development, which is either affecting the heritage site or its vicinity; (g) preservation of objects, features, structure or places of historical, natural, architectural or scientific interest, educational value and heritage site:.

(1) The designated planning agency shall, after the surveys have been carried out and necessary maps prepared, prepare or get prepared and publish a draft Regional Plan, by making copy thereof available for inspection and publish a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the draft Regional Plan before such date as may be specified in the notice, such date not being earlier than thirty days from the date of first publication of the notice. (2) Any person may within such period as may be specified in the notice published under sub-section (1), send to the designated planning agency, his objections and suggestions, if any, in respect of such draft Regional Plan. (4) The Designated Planning Agency shall, after allowing reasonable opportunity of being heard, to all the persons, who have filed objections or suggestions under subsection (2), finalise the draft regional plan and send it to the State Government for its consideration alongwith the objections, if any, received under sub-section (2), with its comments thereon. (10) The State Government may approve the draft regional plan with modifications, if any, or approve it as such, in consultation with the Board.

(1) Immediately, after a Regional Plan has been approved by the State Government under section 63, the Designated Planning Agency concerned, shall publish in the prescribed form and manner, a notice stating that the Regional Plan has been approved, and naming a place, where a copy thereof, may be inspected at all reasonable hours and shall specify therein, a date on which the Regional Plan shall come into operation; and (2) Except in such class or category of cases which the State Government may in its regulations exempt and except in the case of operational constructions and constructions in the areas comprised in Abadi Deh of any village falling inside its Lal Lakir or phirni, no person shall, on or after the date the draft Regional Plan comes into operation under sub-section (1) institute or change use of any land for any purpose or carry out any development in respect of any land without the previous permission of the Competent Authority: Provided that the exemptions granted in the case of operational constructions and constructions in the areas comprised in abadi-deh of any village falling inside its lal lakir or phirni, shall not apply in the case of development affecting heritage site or its vicinity.

At any time after the date on which the Regional Plan comes into operation, the designated agency may with the prior approval of the State Government make such minor changes in the Regional Plan as may be necessitated by topographical and cartographical errors or omissions, indicate details of proposal not fully indicated on the Regional Plan or provide for changes arising out of the implementation of the proposal in the Regional Plan : Provided that no such change shall be made unless the same is in the public interest and is notified to the public.

If, after the Regional Plan has come into operation, the State Government is of the opinion that revision of such Regional Plan is necessary, Board may direct the designated planning agency concerned to undertake such a revision and thereupon the foregoing provisions of this Chapter, shall, so far as they can be made applicable, apply to the revision of the Regional Plan as these provisions apply in relation to the preparation, publication and approval of the Regional Plan : Provided that no such direction shall be given unless a period of five years has elapsed since the coming into operation of the Regional Plan.

(1) Every person including a Department of State Government or the Central Government desiring to obtain permission under sub-section (2) of section 64 shall make an application to the Competent Authority in such form as may be prescribed. (2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed : Provided that no fee shall be payable in the case of application made by a Department of the State Government or the Central Government. (3) On receipt of an application for permission under sub-section (1), the Competent Authority after making such enquiry as it considers necessary, shall, by order, in writing, either grant the permission, subject to such conditions and for such period, as may be specified in the order or refuse to grant such permission. (4) Notwithstanding anything contained in any law for the time being in force, the permission referred to in this section shall not be granted otherwise than in conformity with the provisions of the draft Regional Plan or the Regional Plan, as the case may be. (5) Where the permission is refused under sub-section (3), the grounds of such refusal shall be recorded in writing and communicated to the applicant in the prescribed manner. (6) The Competent Authority shall keep in such form as may be prescribed a Register of applications for permission under this section. (7) The Register referred to in sub-section (6) shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee as may be prescribed.

(1) Any person aggrieved by an order passed under section 67 may appeal, within thirty days of the communication of that order to him, to the State Government in such manner and on payment of such fee as may be prescribed. (2) The State Government may, after giving reasonable opportunity of being heard to the appellant and the Competent Authority concerned, pass an order dismissing the appeal or accept the appeal by :- (i) granting permission unconditionally; or (ii) granting permission subject to such condition as it may think fit. Provided that the grant of permission by the State Government, whether conditional or otherwise, shall be in conformity with the provisions of the Regional Plan. (3) The decision of the State Government on the appeal shall be final and shall not be questioned in any court.

Any person who contravenes the provisions of sub-section (6) of section 56 or sub-section (2) of section 64 shall be punishable with imprisonment of either description for a term which may extend to three years or a fine which may extend to Rs. 10,000 or with both, and in the case of continuing contravention with a further fine which may extend to Rs. 1,000 for every day after the date of the first conviction during which he is proved to have persisted in the contravention.