Chapter VII CONTROL OF DEVELOPMENT AND USE OF LAND

After the coming into operation of any development plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such development plan: Provided that the planning authority may allow the continuance, for a period not exceeding ten years, of the use, upon such terms and conditions as may be prescribed by the regulations made in this behalf, of any land for the purpose and to the extent, for and to which it is being used on the date on which such development plan came into operation.

1. (1) After the application of this Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution of change of use, of any land shall be undertaken or carried out in that area -
   • (a) without obtaining a certificate from the planning authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and
   • (b) without obtaining the permission in writing as provided for hereinafter: Provided that no such permission shall be necessary -
   • (a) for carrying out such works for the maintenance, improvement or other alteration of any building, which affect only the interior of the building or which do not materially affect the external appearance of the building;
   • (b) for the carrying out by the Central or the State Government or any local authority of any works 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;
   • (c) for the carrying out by the Central or the State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;
   • (d) for the excavations (including wells) made in the ordinary course of agricultural operations;
   • (e) for the construction of unmetalled road intended to give access to land solely for agricultural purposes;
   • (f) for normal use of land which has been used temporarily for other purposes;
   • (g) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land in that other purpose on occasions;
   • (h) 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. (3)
   • (a) Any person or body (excluding a department of the Central or the State Government or a local authority) intending to carry out any development on any land shall make an application in writing to the planning authority for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed by the rules or the regulations: Provided that in the case of department of the Central or the State Government or a local authority (where the local authority is not also the planning authority) intending to carry out any development on any land, the concerned department or authority, as the case may be, shall notify in writing to the planning authority of its intention to do so, giving full particulars thereof and accompanied by such documents and plans as may be prescribed by the State Government from time to time, at least, one month prior to the undertaking of such development; where a planning authority has raised any objection in respect of the conformity of the proposed development either to any development plan under preparation, or to any of the building bye-laws in force at the time, or due to any other material consideration, under sub-section
2. (4) the department or the authority, as the case may be, shall -
   • (i) either make necessary modifications in the proposals for development to meet the objections raised by the planning authority, or
   • (ii) submit the proposals for development together with the objections raised by the planning authority to the State Government for decision and when proposals and objections have been so submitted, no development shall be undertaken until the State Government has finally decided on the matter.
   • (b) The State Government on receipt of the proposals for development together with the objections of the planning authority, shall, in consultation with the Chief Planner, either approve the proposals with or without modifications or direct the concerned Department or local authority as the case may be, to make such modifications in the proposals as they considered necessary in the circumstances. The provision of sub-section
3. (3) shall not apply in this case: Provided that in the case of non operational constructions by any department of the Government of India, the State Government on receipt of the application would intimate their decision within 21 days from the date of receipt of application to the concerned department of the Government of India and in the absence of any objection being raised within that period, department of the Government of India concerned may presume that the State Government are agreeable to their proposals.
4. (3) On such application having been duly made, and on payment of the development charge as may be assessed under Chapter VIII -
   • (a) the planning authority may pass an order -
     • (i) granting permission unconditionally; or
     • (ii) granting permission subject to such conditions as it may think fit: or
     • (iii) refusing permission;
   • (b) without prejudice to the generality of the foregoing clause, the planning authority may impose conditions -
     • (i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;
     • (ii) for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the planning authority expedient for the purpose of the permitted development.
5. (4) The planning authority in dealing with the applications for permission shall have regard to -
   • (a) the provisions of the development plan, as it has come into operation;
   • (b) the proposals or provisions which it thinks are likely to be made in any development plan under preparation; or to be prepared; and
   • (c) any other material consideration.
6. (5) When permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order.
7. (6) Any such order shall be communicated to the applicant in the manner prescribed by regulations.
8. (7) The planning authority may, by a resolution, delegate any of its functions and powers under this section to -
   • (a) any local authority,
   • (b) any officer of the State Government with the previous approval of the State Government for such delegation, or
   • (c) any officer of the planning authority or local authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

1. (1) Any applicant aggrieved by an order passed under the last foregoing section, or if no order is passed under sub-section
2. (3) of the last forgoing section, may appeal, within one month of the communication of that order to him, or after the expiry of the period of three months from the date of submitting the application in the manner and accompanied by such fees as may be prescribed by the rules, to the Board.
3. (2) The Board, after receiving the appeal. may give a reasonable opportunity to the appellant and the planning authority to be heard or it may cause the Chief Town Planner, or any other person appointed by him in this behalf, to give a reasonable opportunity to the appellant and the planning authority concerned to be heard and to submit thereafter his report on the appeal to the Board.
4. (3) After hearing the appellant and the planning authority concerned or after considering the aforesaid report the Board may pass an order dismissing the appeal or allowing the appeal, while allowing the appeal the Board may pass an order by -
   • (a) granting permission unconditionally ; or
   • (b) granting permission subject to such conditions as it may think fit ; or
   • (c) removing the conditions subject to which permission has been granted and imposing other conditions, if any, as it may think fit.
5. (4) The Board may, by a resolution, delegate any of its funtions and powers under this section to the Chief Town Planner, in such cases and subject to such conditions, if any, as may be specified therein.

Every permission for any development granted under this Act shall remain in force for three years only from the date of such permission :

Provided that the planning authority may, on application made in this behalf before the expiry of the aforesaid period, extend such period, for such time as it may think proper ; but such extended period shall in no case exceed three years :

Power of revocation and modification of permission to develop

1. (1) If it appears to a planning authority that it is expedient, having regard to the development plan, prepared, under preparation or to be prepared and to any other material considerations, that any permission to develop land granted under this Act or any other law should be revoked or modified the planning authority may, by an order, revoke or modify the permission to such extent as appears to it to be necessary : Provided that -
   • (a) where the permission relates to the carrying out of building or other operations, no such order -
     • (i) shall affect such of the operations as have been previously carried out ;
     • (ii) shall be passed after these operations have been completed ;
   • (b) where permission relates to a change of use of land, no such order shall be passed at any time after the change has taken place.
2. (2) When permission is revoked or modified by an order made under the last foregoing sub-section, if the owner claims from the planning authority, within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the works after the grant of permission and in accordance with such permission, which had been rendered abortive by the revocation or modification, the planning authority shall, after giving the owner reasonable opportunity of being heard by the Town Planning Officer, and after considering the Town planning Officer's report, assess and offer such compensation to the owner as it thinks fit.
3. (3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his refusal to accept, the planning authority shall refer the matter for the adjudication of the court and the decision of the court shall be final and binding on the owner and the planning 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, institutes, or changes any use of any land -
   • (a) in contravention of any development plan ;
   • (b) without obtaining a certificate regarding development charges under clause
   • (a) of sub-section
2. (1) of section 29 ;
   • (c) without permission as required under this Act ;
   • (d) in contravention of any condition subject to which such permission has been granted ;
   • (e) after the permission for development has been revoked under section 32 : or
   • (f) in contravention of the permission which has been modified under section 32 : shall be punishable with a fine which may extend to ten 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 the offence continues after conviction for the first commission of the offence.
3. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a development plan without having been allowed under section 28, or where the continuance of such 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 be punishable with a fine which may extend to five thousand rupees and in the case of a continuing offence with a further fine which may extend to two hundred and fifty rupees for every day during which such offence continues after conviction for the first commission of the offence.

1. (1) whcre any developncnr oP land has been carried out as described in section 33. thc planning authority may, within four years of such development, serve on the owner a notice requiring him, within such period, being not less ihan one month, as may be specified therein, after the service of the notice, ro take such steps as may be specified in rhc notice -
   • (a) in cascs sepcified in clauses (a), (c), or
   • (e) fhcrcof lo rcs tore the land to its condition before the said develop inent took place ;
   • (b) in cases specified in cl;ause
   • (d) or (0 thereof to secure compliance wilh the conditions or with the permission as tnodified :
   • (c) In cases specified in clause
   • (b) to pay the development charge and such penalty, if any, as may be prescri bcd by the rulcs, and in particular, any such notice may, for [he puipose aforesaid require -
     • (i) thc demolition or alteration of any buildings 01. works :
     • (ii) the carrying OUL on I;lncl, of any building or other operation ; or
     • (iii) [he discontinuance of any use of land : Provided that in the case the nolice required the discontinuance oi any use of land, the plarining authority shall serve a notice on rhe occupier also.
2. (2) Any person aggrieved by such notice may, within the silid period and in the manner prescribed - (;I) apply for permission under seclion 29 of this Act for- the rercntion on the land of any buildings or works or Tor the continuance of any usc of [he land, to which the noicc relates ; or
   • (b) appeal to the Board. (3)
   • (a) The notice shall be of no effect pending the final determi nation or withdrawal of the application or the appeal. (b)
     • (i) The provisions of sections 29 and 30 shall apply muraris mutandis to such an application.
     • (ii) If such permission as afolhesaid is granted on thal application, hc noticc shall not takc affecr, or if such permission is gl-antcd for thc retention only of some buildings or works or for the continugnce of use of only a part of thc land. the nolice shall not rake effect, regal.ding such buildings or works or such parr of thc land. but shall have Cull effect regarding other buildings or wnrks or other parts of the land.
3. (4) On an appeal tnnde ta thc Board utldcr sub-section
4. (2) the Chief Town Planncr or any other person or commirrec appointed by the Board in this bch;lf 511i111, aRcr allowing a reason;blc opportunity of bcing heard LO [he ippellirnl ;111d thc planliin authority concerned, submit a rcport to the Board.
5. (5) Aftcr considering Lhe ahresaid rcport. thc Board niay dismiss the ippei'l 01. allow thc appeal by quashing or varying the uoticc as it may think fil.
6. (6) I1 within the period specified in the norice or wilhin such period at'tcr thc clisposal or withdrawal of the application for permission 01. the appeal under the sub-section
7. (2) the noricc or so riluch of it as continues to have cffect, or rhe norice with val-iation lnadc in appeal, is not complied with, chc plalniig autholily may -
   • (a) prosecute thc owner for not cornplyins with the notice and in the casc where the notice required the discontinuance of any use of land, any other person also who uses [he lotd or causes or pcrmiw the land to be used in contravention of [he uoticc and (b)
     • (i) in he case of a rloticc requiring the demolition or alteration of any building or works or carrying our of any building or other opcrations, itself cause the restoration of the land to its condition bctbrc tlc development took place and secure the compliance wit11 the conditions of the permission as rnodilied, by taking such sleps as thc planning authority may consider necessary including dcmoli tion or alreralion or ally building or works or carrying our of any building or other operalions, and
     • (ii) recover the cost of any expenses incurrcd by planning authority in this behalf Ti-om the owncr as arrears of land revenue.
8. (7) Any person prosecuted under clause
   • (a) of sub-scction
9. (6) shall bc punisliable with a line which may extend to ten rhousand rupees, and in the case of a conlinuing offencc, with a further fine which may extend to five hundred rupees for cvcry day during which sucli offence conlinues after conviction for the fir-st commission of the offence.

1. (1) Where any dcvclopmenl of land as described in section 33 is being carried our but has not been completed, the planning authority inay serve on the owner and the person carrying out the developmeni a iotice requiring rhc dzvelopmznr of land to be discontinuerl from the lime of the service of such notice.
2. (2) Where such notice has been served, the provisions of clause
   • (b) of sub-section (31, sub-section
3. (4) and sub-secrion
4. (5) of section 34 shall apply mutatis mutandis : Provided that provision of clauses
   • (a) of sub-scction
5. (3) of scction 34 shall not aplly and inspi te of the filing of the application for permission for development of an appeal as provided in sub-section
6. (2) of that section the notice shall coniinue to have Pull effect.
7. (3) Any person, who continues to curry out the development of land, whether for hirnself or on behalf of the owner or any other person, aPter such notice has been served, shall be punishable with a finc which may extend to ten lhousand rupces, and when the offence is a con ti nu in onc, with a further fine which may extend to five hundred rupees for cvcry day after the date oi the service of the notice during which the non-compliance has continued or continues.
8. (4) If such notice is no1 complied with forthwith thc planning ;u- thority or such officer of the plilnning authority, who may be authorised in this behalf, may require any police officer to remove such person and all assistance and workmen from the land at any time after the service of such notice and such policc officcr shall conlply with reqisition accordingly.
9. (5) After the requisition under sub-section
10. (4) has been complied with, thc planning authority or such officer of ihe plantling uthority who may bc authorised in this bchalf may, if necessary, depute by zl written order, a police officer or any officer or employec of thc planning authoricy to watch the land in order to ensure rhal [he development is not continucd.
11. (6) Where a police ofticer 01. an officer or employee of rhe planning authority has bee11 depuLed under sub-scction
12. (5) to watch rhc land, the cosl of such dcpuration shall be paid by the person at whose instancc such development is bcing conrilued or lo whom notice under sub-section
13. (1) was given and stiiill hc rccovei-able Tinom such pel-son as arrears of 1;ind revenue.

1. (1) If it appears to a planiing authority that it is expedicnr in the inkrest oC the proper planning of ils arrears (including rhe interest of arneniies) hili ng regard to thc development plan prepared, or under prepamrion, or to be prep;red, and to any otheinmaterial consideration -
   • (a) tha~ iII>y use of land should be discountinued, 01.
   • (b) that any conditions should be irnposcd on thc continuance thcrcof, or
   • (c) [/lilt an building or works should be allered ot. removal the planning nu tlori ty may by notice serve on the owner -
     • (i) r-cquir-e the disconrinuance of tliit use ; or
     • (ii) impose such condition, as may be specified in the norice, on [he continuance thcreof ; or
     • (iii) require such steps, as may be specified in the notice to be taken for- the a1 tcration or removal of any buildings or works, as Lhe case may be, within such pcriod, being not less than one monlh, as may be specified thercin, aftcr the service of the notice.
2. (2) Any person aggrcived by suchy notice, may within the said period and in the manner prescribed, appeal to the Board.
3. (3) IF any appeal is filed uridcr the last foregoing sub-section, the provisions of clause
   • (a) uP sub-section (3), sub-scction
4. (4) and
5. (5) of seclion 34 shall apply rnutatis mulandis.

Where a planning authority, in the exercise of its functions and power with respect to any area under it, is required to have regard to the provisions of a dcvelopment plan before such development plan has become operative, the planning aurhority shall have regard to the provisions which in its opinion will be required to be included for securing the proper planning of the concerned area.