Chapter IX General Provisions as to Improvement

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72. Restrictions on improvement in urban areas

Statutory text

(1) In an urban area, no improvement shall be undertaken or carried out by any person or department of the Government unless-
- (i) it is in accordance with the master plan where it is in operation; or
- (ii) it is in accordance with the scheme sanctioned and notified under section 38; or
- (iii) where neither any master plan nor any scheme is in force, it is according to the general approval of the Trust, and unless permission for undertaking or carrying out such improvement has been obtained in writing under the provisions of section 73.
(2) No person or department of Government shall use or permit to be used any land or building in any urban area otherwise than in conformity with the master plan where it is in operation or with the scheme sanctioned and notified under section 38 or with the general approval of the Trust, and unless the permission of the Trust for such use has been obtained under section 73: Provided that subject to the provisions of section 73B, it shall be lawful for any person or department to continue to use, upon such terms and conditions, as may be prescribed by regulations made in this behalf, any land or building for the purpose and to the extent for and to which, it is being used upon the date on which such plan or scheme comes into force or as the case may be, the area is declared as an urban area under this Act.

Chapter IX General Provisions as to Improvement

73. Application for permission

Statutory text

(1) Every person or department of the Government desiring to obtain the permission referred to in section 72 shall make an application in writing in such form and containing such particulars in respect of the improvement to which the application relates as may be prescribed by regulations.
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed: Provided that no such fee shall be necessary in the case of an application made by a department of the Government.
(3) On the receipt of an application for permission under subsection (1), the officer or authority competent under section 72 to grant the permission, after making such inquiry as may be considered necessary in relation to any matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission: Provided that, before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(4) Where permission is refused the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations.
(5) A register of applications for permission under this section shall be kept in such form as may be prescribed by regulations.
(6) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations.
(7) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but, on an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (4) such portion of the fee as may seem proper in the circumstances, of the case may be refunded.
(8) Where in any urban area, an application for undertaking or carrying out an improvement is made to the Trust in the prescribed form and with the prescribed fees and after the receipt of the application to the Trust neglects or omits for one month to grant permission or to reject the application for reasons to be recorded by it, the applicant may, by a written communication, call the attention of the Trust to the omission or neglect, and if such omission or neglect continues for a further period of fifteen days from the date of such communication, the Trust shall be deemed to have permitted the proposed work absolutely and such work may be proceeded within the manner specified in the notice: Provided that nothing herein contained shall be construed to authorise any person to act in contravention of any other provisions of this Act or the rules and regulations made thereunder, relating to any matter other than the requirement of obtaining permission of the Trust before undertaking or carrying out any improvement under this Act.
(9) Any person aggrieved by an order of the Trust giving permission subject to conditions imposed by it or refusing to give permission under this Act, may appeal to the Collector, within thirty days from the date of the order giving or refusing such permission, exclusive of the time requisite for obtaining a copy thereof. No such order shall be called in question otherwise than by such appeal.
(10) The appellate authority may, if it thinks fit for reasons to be recorded, extend the period allowed for appeal. The order of the appellate authority shall be final: Provided that no order under appeal shall be modified or set aside by the appellate authority until the appellant and the Trust have had a reasonable opportunity of being heard. 73A. Sanction for sub-division or reconstitution of plots. - (1) Any person who intends to sub-divide or re-constitute his plot lying in the area of a Trust established under section 8 shall submit the lay-out plan together with the prescribed particulars to the Trust for sanction.
(2) Subject to any rules that may be made in this behalf, the Trust may, within the prescribed period, sanction such plan either without modifications or subject to such modifications and conditions as it considers expedient or may refuse to give sanction, if the Trust is of opinion that such division or re- constitution is not in any way consistent with the proposals of improvement of the urban area of the Trust.
(3) If any person does any work in contravention of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or despite refusal for the sanction piper sub-section (2), the Trust may direct such person by notice in writing to stop any work in progress and after making an enquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition.
(4) Any expenses incurred by the Trust under sub-section (3) shall be a sum due to the Trust under this Act from the person in default. x x x 73B. Restriction on change of use of land and power of the State Government to allow change in the use of land. - (1) Notwithstanding anything contained in section 72 and 73-A,-
- (i) no person shall use or permit the use of any land situated in any urban area notified under section 8, for the purpose other than that for which such land was originally allotted or sold to any person by the State Government, any Urban Improvement Trust, any other local authority or any other body or authority in accordance with any law for the time being in force or, otherwise than as specified under a Master Plan, wherever it is in operation;
- (ii) in the case of any land not allotted or sold as aforesaid and no covered under clause (i), no person shall use or permit the use of any such land situated in a Urban Area notified under section 8, for the purpose other than that for which such land-use was or is permissible, in accordance with the Master Plan, wherever it is operation, or under any law for the time being in force.
(2) Notwithstanding anything contained in sub-section (1), the State Government or any authority authorised by it, by notification in the Official Gazette, may allow the owner or holder of any such land, to have change of use thereof, if it is satisfied so to do in public interest, on payment of conversion charges at such rates and in such manner as may be prescribed with respect to the following changes in use:-
- (i) from residential to commercial or any other purpose; or
- (ii) from commercial to any other purpose; or
- (iii) from industrial to commercial or any other purpose; or
- (iv) from cinema to commercial or any other purpose; or
- (v) from any existing permissible use of land to any other purposes, as the State Government may prescribe: Provided that rates of conversion charges may be different for different areas and for different purposes.
(3) Any person who has already changed the use of land in violation of the provisions of this Act in force at the time of change of use, shall apply to the State Government or any authority authorised by it under sub-section (2), within such period as may be prescribed, for regularisation of said use and upon regularisation of the change of use of land, he shall deposit the amount contemplated under sub-section (2).
(4) Where the State Government or the authority authorised by it is satisfied that a person who ought to have applied for permission or regularisation under this section, has not applied and that such permission can be granted or the use of land can be regularised, it may proceed to determine the conversion charges after due notice and hearing the party/parties and the charges so determined shall become due to the Urban Improvement Trust and be recoverable under subsection (6).
(5) The conversion charges so realised shall be credited to fund of the Urban Improvement Trust.
(6) Charges under this section shall be the first charge on the interest of the person liable to pay such charges with respect to the land, the use of which has been changed and shall be recoverable as arrears of land revenue.

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