section 17
No other authority or person to undertake certain development without permission of the Authority
The Jodhpur Development Authority Act, 2009General200997 sections12 chapters
Chapter IV Powers and Functions of the Authority
Statutory text
- (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the authority, no authority or person shall undertake any development within the Jodhpur Region of the type as the Authority may from time to time specify, by notification published in the official Gazette, and which is likely to adversely affect the overall development of I he Jodhpur Region.
- (2) Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development. Provided that such person may apply for such permission through the concerned local authority and such local authority shall forward his application to the Authority with its recommendations, if any.
- (3) The Authority shall, alter making such enquiry as it deems necessary and within sixty days from the receipt of an application under sub-section (2), grant such permission without any conditions or with such conditions as it may deem fit to impose or refuse to grant such permission. If such permission is not granted or refused within sixty days as aforesaid, the applicant may, by a written communication presented in person or through his authorised representative to the Secretary of the Authority and other officer nominated by him in this behalf, call the attention of the Authority to the omission or neglect in granting or refusing permission, and if such omission or neglect continues for a further period of thirty days from the receipt of such communication, the Authority shall be deemed to have permitted the proposed development and such development may be proceeded within the manner specified in the application: Provided that nothing herein contained shall be construed to authorise any person to act in contravention of any provision of this Act or the rules, regulations or order made thereunder, relating to any matters other than the requirement of obtaining permission of the Authority before undertaking or carrying out any improvement under this Act.
- (4) Any authority or person aggrieved by the decision of the Authority under sub-section (3), may, within thirty days, appeal against such decision to the State Government whose decision shall be final: Provided that, where the aggrieved authority submitting such appeal is under the administrative control of the Central Government the appeal shall be decided by the State Government after consultation with the Central Government.
- (5) In case any person or authority does any thing contrary to the decision given under this section, the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned.
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