section 14
Restrictions on development after publication of declaration of intention of land pooling scheme
The Rajasthan Land Pooling Scheme Act, 2016General201674 sections6 chapters
Chapter III Control of Development and use of Land
Statutory text
- (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) 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) 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) 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) 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.
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