Chapter VI Control of Development and use of Land included in Plans

1. (1) As soon as may be after a plan comes into operation as provided in section 24, the Authority may, by notification in the official Gazette, declare any area in Jodhpur Region to be a development area for the purposes of this Act.
2. (2) Save as otherwise provided in this Act the Authority shall not undertake or carry out any development of land in any area, which is not a development are.
3. (3) On or after the date on which notification under sub-section (1) is published in the official Gazette, no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Authority or Municipal Corporation, Jodhpur in their respective jurisdiction except the breaking open of any public street for which the previous permission of the Jodhpur Traffic Control Board shall be obtained: Provided that, no such permission shall be necessary: -
   • (i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect tfip external appearance-thereof;
   • (ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force;
   • (iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force;
   • (iv) for the carrying out by the Central or the State Government or any local authority of any works: -
   • (a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;
   • (b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes cable, telephone or other apparatus;
     • (v) for the excavation (including wells) made in the ordinary course agricultural operation;
     • (vi) for the construction of a road intended to give access to land solely for agricultural purposes;
     • (vii) for normal use of land which has been used temporarily for other purpose;
     • (viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasion; and
     • (ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.

1. (1) If it appears to the Authority that it is expedient, having regard to the Plan prepared or under preparation that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Authority may after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary: Provided that -
   • (a) where the development relates to the carrying out of any building or other operation, no such order shall affect such of the operations as have been previously 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 public interest, the provisions of the first proviso shall not apply.
2. (2) where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the 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 Authority, shall, after giving the owner reasonable opportunity of being heard by the office; appointed by it in this behalf and after considering his report assess and offer reasonable compensation to the owner.
3. (3) If the owner does not accept the compensation and gives notice, within thirty days of his refusal to accept, the Authority shall refer the matter for the adjudication of the Tribunal and the decision of the Tribunal and the decision of the Tribunal shall be final and be binding on the owner and the Authority.

1. (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land :-
   • (a) without permission required under this Act; or
   • (b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted ; or
   • (c) after the permission for development has been duly revoked; or
   • (d) in contravention of any permission which has been duly modified ; shall on conviction, be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.
2. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Plan without being allowed to do so under section 17 or where the continuance of such use has been allowed under that section continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall, on conviction be punished with fine which may extend to two thousand rupees; and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

1. (1) Where development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this section, within ten years of such development, serve on the owner a notice requiring him, within such period being not exceeding one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice: -
   • (a) in cases specified in clause (a) or (c) of sub-section (1) of section 31 to restore the land to its condition existing before the said development place;
   • (b) in case specified in clause (b) or (d) of sub-section (1) of section 31 to secure compliance with the conditions or with the permission as modified: Provided that, where the notice requires the discontinuance of any use of land the Authority shall serve a notice on the occupier also.
2. (2) In particular, such notice may, for purposes of sub-section (1), requires: -
   • (a) the demolition or alteration of any building or works;
   • (b) the carrying out on land of any building or other operations; or
   • (c) the discontinuance of any use of land.
3. (3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner determined by regulations, apply for permission under section 17 for retention on the land, of any building or works or for the continuance of any use of the land, to which the notice relates and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.
4. (4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply to an application made under sub-section (3).
5. (5) If the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted, the notice shall stand; or if such permission is granted for the retention only of some buildings; or works or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be; and thereupon the owner shall be required to take step specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.
6. (6) If within the period specified in the notice or within the same period after the disposal of the application under sub-section (4), the notice or so much of it as stands not complied with, the Authority may: -
   • (a) prosecute the owner for not complying with the notice and where notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and
   • (b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operation and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
7. (7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

1. (1) Where any development of land as indicated in sub-section (1) of section 31 is being carried out but has not been completed, the Authority may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from time to time the service of the notice, and thereupon, the provisions of sub-sections (3),(4),(5) and (6) of section 32 shall, so far as may be applicable, apply in relation to such notice, as they apply in relation to notice under section 32.
2. (2) 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, on conviction, be punished with fine which may extend to five thousand rupees, and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
3. (3) Notwithstanding anything contained in this chapter, where any person continues to carry out un-authorised development after receiving a notice under sub-section (1), the Authority or any officer authorised by it in this behalf, shall, in addition to any prosecution or other proceedings or action that may be initiated under this Act, have the power to require any Police Officer to remove the person by whom the erection of the building has been continued and all his assistants and workmen from the place of the un-authorised development within such time as may be specified in the requisition and such Police Officer shall comply with the requisition accordingly. In addition to such removal of person, the Authority may also confiscate such construction materials, tools etc., which such person was using for unauthorised development.
4. (4) After a requisition order under sub-section (3) has been complied with, any person or his assistants and workmen subsequently continuing un-authorised development shall, on conviction, be punishable under section 66 of this Act, in addition to the action under sub-section (3). (5) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the discontinuation of the un-authorised development under this Act.

Notwithstanding anything herein before contained in this chapter, where any person has carried out any development of a permanent nature or has changed the use of land,-

1. (a) without permission required under this Act, or
2. (b) which is not in accordance with any permission granted or is in contravention of any conditions subject to which any permission has been granted, or
3. (c) in contravention of any permission granted or duly modified, such development or change of use of land may be compounded by the Authority on such terms and on payment of such fees and charges, as may be prescribed by the State Government from time to time.

1. (1) Notwithstanding anything herein-before contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 31, the Authority may, by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, un-authorisedly as aforesaid, within fifteen days of the receipt of the order; and thereafter, the person does not comply with the order within the said period, the Authority or any officer authorised by it in this behalf may get such work summarily removed or get such use summarily discontinued without any notice as directed in the order; and any development un-authorisedly made again shall similarly be summarily removed or discontinued without making any order as aforesaid: Provided that standing crops shall not be summarily removed and reasonable period not exceeding six months shall be allowed to the person concerned by the Authority for the crop to be cut and gathered.
2. (2) The decision of the Authority on the question of what is development of a temporary nature shall be final.

1. (1) If it appears to the Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Plan prepared -
   • (a) that any use of land should be discontinued; or
   • (b) that any conditions should be imposed on the continuance thereof; or
   • (c) that any building or works should be altered or removed, the Authority may, by notice served on the owner -
     • (i) require the discontinuance of that use; or
     • (ii) impose such conditions as may be specified in the notice on the continuance thereof; or
     • (iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or works, as the case may be within such period, being not less than one months, as may be specified therein, after the service of the notice.
2. (2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the Tribunal.
3. (3) On receipt of an appeal under sub-section (2), the Tribunal may, after giving a reasonable opportunity of being heard to the appellant and the Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
4. (4) If any person: -
   • (i) who has suffered damage in consequence of the compliance with notice by the depreciation on any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise; or
   • (ii) who has carried out any works in compliance with the notice, claims, from the Authority, within the time and in the manner prescribed compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, then the provisions of sub-section. (2) & (3) of S. 30 shall apply in relation to such claim as those provision apply to claims for compensation under those provisions.

1. (1) Every person who intends to sub-divide his land or his plot or make or lay-out a private street on such land or plot on or after the date of the publication of the draft plan in the official Gazette under section 23 shall submit the intended lay-out plan for such purpose together with such particulars and such fees, as may be determined by regulations or by Government orders, to the Authority for sanction.
2. (2) The Authority may, within the period specified in the regulations, sanction such plan either without modifications or subject to such modification or conditions as it considers expedient or may refuse to give sanction, if the Authority is of opinion that such division or laying out of street is not in any way consistent with the proposal of the plan.
3. (3) No compensation shall be payable for the refusal of a sanction or for the imposition of modifications.or conditions in the sanction.
4. (4) If any person does any work in contravention of sub-section (1), or in contravention of the modifications or conditions given under sub-section (2), or inspite of refusal of sanction under the said sub-section (2), the Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the manner determined by regulations remove or pull down any work or restore the land to its original condition.

Any expenses incurred by the Authority under section. 32, 33, 35, 36 & 37 shall be a sum due to the Authority under this Act from the person in default or the owner of the land or plot and shall be recovered as arrears of land revenue.