Chapter III Control of Development and use of Land

1. (1) On or after the date on which a declaration of intention of land pooling scheme is published in the Official Gazette under section 4 in respect to any area, no person shall carry out any development in any building or in or over any land, within the limits of the said area without the permission in writing of the appropriate authority and without obtaining certificate from it to the effect that development charge, scrutiny fees or any other fee leviable under this Act has been paid or that no such charge is leviable: Provided that no such permission shall be necessary for the carrying out of-
   • (a) any operational construction undertaken by the Central Government or a State Government;
   • (b) any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, telephone or other apparatus or the breaking open of any street or other land for such purpose.
2. (2) The restrictions imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or preliminary scheme or the final scheme or in the event of the withdrawal of the scheme under section 28.
3. (3) Any diminution in the value of an original plot occasioned by any contravention of the provisions of sub-section (1) of this section or any condition imposed under clause (ii) of sub-section (3) of section 15 shall, notwithstanding anything contained in this Act with regard to cost of scheme, calculation of increment and contribution towards cost of scheme he taken into account in fixing the market value of such plot.
4. (4) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the appropriate authority under sub-section (1) of section 33 except in respect of a building or work begun or contract entered into before the date on which a declaration of intention to make a scheme is published under section 4 or the publication of the draft scheme under sub-section (1) of section 7: Provided that where any person is entitled to any compensation in respect of any building or work under this sub-section, he shall be so entitled only in so far as such building or work has proceeded at the time of the declaration of intention or publication, as the case may be, and subject to the conditions of any agreement entered into between such person and the appropriate authority.
5. (5) On and after the date referred to in sub-section (1), the appropriate authority intending to carry out development of land, within the area included in the scheme, for its own purpose in exercise of its powers under any law for the time being in force shall carry out such development in conformity with the provisions of such scheme, and of the bye-laws and regulations relating to construction of buildings.

1. (1) Any person, intending to carry out any development in any building or in or over any land after the publication of intention of land pooling scheme shall make an application in writing to the appropriate authority for permission for such development in such form and containing such particulars and accompanied by such documents as may be prescribed.
2. (2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed.
3. (3) On an application having been duly made under sub-section (1) and on payment of the development charge or betterment charges or any other charges, if any, as may be assessed, the 'appropriate authority with the approval of the Land Pooling Officer appointed under section 21 may-
   • (i) pass an order-
   • (a) granting permission unconditionally; or
   • (b) granting permission subject to such conditions as it may think necessary to impose; or
   • (c) refusing permission;
     • (ii) without prejudice to the generality of clause (a) impose conditions-
   • (a) to the effect that the permission granted is only' for a specified period and after the expiry of that period, the land shall be restored to its previous condition or the use of the land so permitted shall be discontinued; or
   • (b) for regulating the development or use of any land under control of the applicant or for the carrying out of works on any such land as may' appear to the appropriate authority expedient.
4. (4) The appropriate authority in considering the application for permission shall ensure that it is in conformity with the provisions of the land pooling scheme prepared or under preparation under this Act and where the development or any modification is likely in the opinion of the appropriate authority to interfere with the operation of the land pooling scheme or to be prejudicial to planned development, or any plan of the local authority, the appropriate authority may refuse such permission.
5. (5) Where permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order and such order shall be communicated to the applicant in the prescribed manner.
6. (6) If the appropriate authority does not communicate 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 reply from the applicant in respect of any requisition made by the appropriate 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 the aforesaid period.

1. (1) If it appears to the appropriate authority that it is necessary or expedient having regard to the land pooling scheme prepared or under preparation and to any other material consideration, that any permission granted under this Act should be revoked or modified, it may, after giving a reasonable opportunity of being heard to the person in whose favour the permission has been granted, by an order revoke or modify the permission to such extent as appears it to be necessary.
2. (2) When permission is revoked or modified by an order made under sub-section (1), the owner may, within such time and in such manner, as may be prescribed, claim compensation for the expenditure incurred in carrying out any work in accordance with such permission and which has been rendered abortive by the revocation or modification of permission.
3. (3) Where a claim under sub-section (2) is received by the appropriate authority, it shall, after giving the owner reasonable opportunity of being heard, assess the amount of compensation and offer it to the owner.
4. (4) If the owner does not accept the compensation offered under sub-section (3), and gives notice, within such time as may be prescribed, of such refusal, the appropriate authority shall refer the matter for the adjudication to such authority as may be prescribed and the decision of the such authority shall be final and binding on the owner and the appropriate authority.

Any person who, either by himself or at the instance of any other person, commences, undertakes or carries out development of, or changes the use of, any land-

1. (i) in contravention of any land pooling scheme; or
2. (ii) without paying development charge or betterment charge under section 15; or
3. (iii) without the permission as required under section 15; or
4. (iv) in contravention of any condition subject to which such permission has been granted; or
5. (v) after the permission for development has been revoked under section 16; or
6. (vi) in contravention of the permission which has been modified under section 16, 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 offence with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

1. (1) Where any development of land has been, or being, carried out in any manner or any building has been erected or re-erected or any excavation has been made or extended or any means of access has been laid out to a road in contravention of the provisions of this Act, the appropriate authority may serve on the owner a notice being not less than one month, as may be specified therein; requiring him after the service of the notice, to take such steps, as may be specified in the notice, namely:-
   • (i) in cases specified in clauses (i), (iii) and (v) of section 17, to restore the land to its condition before the said development, erection, re-erection, excavation or laying out of any means of access to a road took place;
   • (ii) in cases specified in clause (iv) and (vi) of section 17, to secure compliance with the conditions or with permission as modified;
   • (iii) in cases specified in clause (ii) section 17, to pay the development charge or betterment charge and such penalty, if any, as may be prescribed: Provided that in case the notice requires the discontinuance of the use of any land, the appropriate authority shall serve a notice on the occupier also.
2. (2) In particular, any such notice may, for the purposes of sub-section (1), require,-
   • (i) the sealing, demolition or alteration of any building or works;
   • (ii) the discontinuance of any use of land.
3. (3) Any person aggrieved by such notice may. within such period and in such manner, as may he prescribed,-
   • (i) apply for permission under section 15 for the retention on the land of any building or works or for the continuance of any use of tho land, to which the notice relates; or
   • (ii) appeal to the State Government.
4. (4) (i) The notice shall be of no effect pending the final disposal or withdrawal of the application or the appeal.
   • (ii) Where permission is granted on an application referred to in clause (i) of sub-section (3), the notice shall not take effect and where such permission is granted for tho retention only of some building or works or for the continuance of use of only a part of the land, such notice shall not take effect regarding such building or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.
5. (5) Where an appeal has been preferred under clause (ii) of sub-section (3), the State Government may, after affording a reasonable opportunity to the appellant and the appropriate authority of being heard, dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit and the decision of the State Government on the appeal shall be final and shall not be questioned in any court.
6. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub-section (3), as the case may be, the notice or so much of it as continues to have effect, or the notice with variations made in appeal, is not complied with, the appropriate authority may-
   • (i) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance of any use of land, prosecute any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and
   • (ii) (a) in the case of a notice requiring the demolition or alteration of any building or other operations, itself cause the restoration of the land to the condition in which it was before the development, erection, re-erection, excavation or laying out any means of access to a road, as the case may be, took place and secure the compliance with the conditions of tho permission or with the permission 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
   • (b) recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
7. (7) Any person prosecuted under clause (i) of sub-section (G) 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 offence, with fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

1. (1) Where any development of land has been carried out in any manner specified in clauses (i) to (vi) of section 17 or any building has been erected or re-erected or any excavation has been made or.extended or any means of access has been laid to any road in contravention of the provisions of section 15, but has not been completed, the appropriate authority may serve on the owner and the person carrying out the development or the erection or re-erection of building or making or extending any excavation or laying out any means of access to a road, a notice requiring him to discontinue the same from the time of service of such notice.
2. (2) Where a notice has been served under sub-section (1), the person aggrieved by such notice may appeal to the State Government and the provisions-of sub-section. (5) & (G) of section 18 shall apply with such modifications as may be necessary.
3. (3) Any person, who continues to carry out the development of land whether for himself or on behalf of the owner or any other person, after such notice has been served, shall be punishable with imprisonment of either description for term which may extend to three years or with fine which may extend to ten thousand rupees, and when the non-compliance is continuing one, with a further fine which may extend to one thousand rupees for every day after the date of notice during which the non-compliance has continued or continues.
4. (4) If a notice under sub-section (1) is not complied forthwith, the appropriate authority or any officer authorized by it in this behalf, as the case may be, may seal the property, and require a police officer to remove such person and other workmen from the land with his assistance and such police officer shall comply with such requisition.
5. (5) Where action has been taken by a police officer under sub-section (4), the appropriate' authority or the officer referred to in that sub-section, shall take necessary steps to ensure that such development is not continued.
6. (6) Any expenses incurred by the appropriate authority under sub-section (4) and sub-section (5) shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as arrears of land revenue.

Any expenses incurred by the appropriate authority under section 18 or section 19 shall be a sum due to the appropriate authority under this Act from the person in default or the owner of the land, building or land concerned.