The Rajasthan Special Investment Regions Act, 2016
Chapter IX Development In Special Investment Region
Chapter IX Development In Special Investment Region
37. Use and development of land before the coming into force of Master Development Plan
- (1) The State Government may, by notification in the Official Gazette, declare the whole or any part of the Special Investment Region and the periphery, if any, to be controlled area for the purposes of this Act.
- (2) No land within the controlled area, for which a Master Development Plan has not been notified, shall, except with the permission of the Regional Development Authority granted in the manner prescribed by the regulations, be used for purposes other than those for which it was used on the date of notification under sub-section (1).
Chapter IX Development In Special Investment Region
38. Restriction on grant of permission for development after the coming into force of Master Development Plan
- (1) From the date of notification of the Master Development Plan, no government agency or any other person shall, within the area included in the Master Development Plan, institute or change the use of any land or building or undertake or grant any permission for, any development unless the Regional Development Authority has given specific approval for the same in the manner prescribed by the regulations.
- (2) No local authority shall undertake, or grant any permission for, any development, within the area included in the Master Development Plan, unless it has obtained the approval of the Regional Development Authority in the manner prescribed by the regulations.
Chapter IX Development In Special Investment Region
39. Restrictions on use and development after declaration or making of Development Scheme
- (1) No development of any land shall be undertaken or carried out in the area included in a development scheme, except with the permission of the Regional Development Authority granted in the manner prescribed by the regulations.
- (2) On or after the date on which a declaration of intention to make a Development Scheme is published in the Official Gazette under Section 20, no person shall within the area included in the Development Scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the permission of the Regional Development Authority in the manner prescribed by the regulations.
Chapter IX Development In Special Investment Region
40. Power to modify permission to develop
- (1) If it appears to a Regional Development Authority that it is necessary or expedient having regard to the general development, operation, maintenance and management of the Special Investment Region or the periphery, that the permission or approval 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 it appears to be necessary: Provided that -
- (a) where the development relates to carrying out of any building operation or other operation, no such order shall affect such of the operations as have previously been carried out, or shall be passed after these operations have substantially progressed or have been completed;
- (b) where the development relates to a change of use of land, no such order shall be passed at any time after the change has taken place: Provided further that where the revocation or modification of the permission is necessary in the public interest, the provision of the first proviso shall not apply.
- (2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and manner prescribed, compensation for the expenditure incurred in carrying out the development in accordance with such permission which has been rendered abortive by the revocation or modification, the Regional Development Authority shall, after giving the owner a reasonable opportunity of being heard by the officer, appointed by it in this behalf and after considering his report assess and pay reasonable compensation to the owner.
Chapter IX Development In Special Investment Region
41. Power of cancellation of permission
If at any time after grant of permission or approval by a Regional Development Authority, the Regional Development Authority is satisfied that such permission or approval was granted in consequence of any material misrepresentation or there has been a breach of the terms and conditions of the allotment or any contravention of this Act, rules or regulations made thereunder, it may, after giving an opportunity of being heard to the person in whose favour the permission or approval had been granted, cancel such permission or approval for reasons to be recorded in writing and any development carried out shall be treated as unauthorized development and proceeded with accordingly
Chapter IX Development In Special Investment Region
42. Appeal against the decision of the Regional Development Authority
- (1) Any person aggrieved by a decision of a Regional Development Authority under Section 40 or 41 may, within thirty days from the date of decision, prefer an appeal to the appellate authority.
- (2) The appellate authority, after affording a reasonable opportunity of hearing to the parties may accept or reject the appeal filed under sub-section (1) or modify the decision taken by a Regional Development Authority.
Chapter IX Development In Special Investment Region
43. Restriction on erection or occupation of building in contravention of regulations
No person shall erect or occupy any building in the Special Investment Region or the periphery in contravention of any building regulations made by the Regional Development Authority.
PDF: pending for this language.