Prohibition of development without payment of development charges and without permission

The Tripura Town and Country Planning Act, 1975

Infrastructure197573 sections10 chapters

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Chapter VII CONTROL OF DEVELOPMENT AND USE OF LAND

Statutory text

(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
(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) 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.
(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.
(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.
(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.
(6) Any such order shall be communicated to the applicant in the manner prescribed by regulations.
(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.

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