Chapter XI CONTROL OF DEVELOPMENT AND USE OF LAND IN THE AREA WHERE

After the coming into operation of any Master 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 Master Plan: Provided that the Authority may allow the continuance of any use of any land, for a period not exceeding ten year, upon such terms and conditions as may be provided by regulations made in this behalf for the purpose and to the extent, for the purpose and to extent, for and to which it was being used on the date on which such a Master Plan came into operation.

After coming into operation of any Master Plan in any area and subject to the other provisions of this Act, no development in respect of, or change of use of, any land shall be undertaken or carried out, in that area- i. Without obtaining the permission from the concerned Urban Local Body (ULB) in the area under the jurisdiction of ULB excluding the declared Local Planning Area, if any, in writing as provided; ii. Without obtaining the permission from the Authority in a local planning area or the site for a new township in writing as provided for hereafter; and iii. Without obtaining a certificate from the Authority in a local planning area or the site for a new township certifying that the development charge or betterment charge as livable have been paid: Provided that except in the case of development, affecting heritage site or its vicinity, no such permission shall be necessary- a. For operational constructions; b. For carrying out such works for the maintenance, improvement or other alteration of any building which affect only its interior or which do not materially affect the external appearance of the building; c. For the carrying out by the Central Government or the State Government or any local Authority of- i) Any work required for the maintenance or improvement of a high way, road or public street, being work carried out on land within the boundaries of such highway, road or public street; ii) Any work 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 and tube well) made in the ordinary course of agricultural operation or for such constructions which are made for agricultural purposes subservient to agriculture: Provided that such excavation or constructions are situated in the area in which agriculture is permitted land use as per the Master Plan; e. For the construction of unmetalled roads intended to give access to land solely meant for agricultural purpose.

i. Notwithstanding anything contained in any other act and rules in force, any person intending to carry out any development in respect of, or a change of use of any land or intending to sub-divide his plot or to layout a private street shall make an application in writing to the Authority in local planning areas or new township or prescribed authority in rest of municipal areas, as the case may be, for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed. ii. a) In the case of a Department in respect of, or, change of use of, any land, the concerned Department or the local Authority, as the case may be, shall notify in writing to the Authority in local planning areas and ULBs in rest of municipal areas of its intention to do so giving full particulars thereof and accompanied by such documents and plans as may be prescribed, at least, two months, prior to the undertaking of such development or change, as the case may be. b) Where the Authority or local authorities have raised any objection in respect of the conformity or the proposed development either to any Master Plan under preparation or to any rules in force at that time, or due to any other material consideration, the Department of the State Government or the Central Government or the local Authority, as the case may be, shall either make necessary modifications in the proposals for such development or change of use to meet the objections raised by the Authority or submit to the State Government the proposal for such development or change of use together with the objections raised by the Competent authority for decision. c) The State Government on receipt of such proposal together with the objections of the Authority shall either approve the proposals with or without modifications or direct the Department of the State Government or the Central Government or the local Authority, as the case may be, to make such modifications in the proposals as it considers necessary in the circumstances. iii. Every application under sub-section (i) shall be accompanied by such fee payable to the Authority or ULB, as the case may be, as may be prescribed; iv. On an application having being duly made under sub-section (i) and on payment of the development charge or betterment charges if any, as may be assessed under chapter XIII, the Authority or ULB, as the case may be, may- a. Pass an order- i) Granting permission unconditionally; or ii) Granting permission subject to such conditions as it may think necessary to impose; or iii) Refusing permission with suitable reasons; b. Without prejudice to the generality of clause (a) impose conditions- i) To the effect that the permission granted is only for a specified period and after the expiry of that period, the land shall be restored to its previous condition or the use of the land so permitted shall be discontinued; or ii) For regulating the development or use of any land under control of the applicant or for the carrying out of works on any such land as may appear to the Authority expedient. v. The Authority in considering the application for permission shall ensure that it is in conformity with the provisions of the Master Plan prepared or under preparation under this Act and where the development or change or use of any land is likely in the opinion of the Authority to interfere with the operation of the Master Plan or to be prejudicial to planned development, or any plan for development of the Authority, the Authority may refuse such permission. vi. Where permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order and such order shall be communicated to the applicant in the prescribed manner. vii. If the Authority does not communicate its decision to grant or refuse permission to the applicant within a period of sixty days from the date of receipt of his application in case other than the heritage site, and within a period of one hundred twenty days in the case of heritage site and development affecting such site, or within a period of sixty days from the date of receipt of reply from the applicant in respect of any requisition made by the Authority, whichever is later, then such permission shall be deemed to have been granted to the application to the applicant on the date immediately following the date of expiry of the later date without prejudice to the provisions of this Act, rules and regulations made there under: Provided that any development came out in pursuance of such deemed permission which is in contravention of the provisions of the Act, rules and regulations made there under, shall be deemed to be an unauthorized development for the purposes of sections 78, 79, 80, 81 and 82.

i. Any person aggrieved by the order passed by the Authority or ULB, as the case may be, under section 73 may, within thirty days of the communication of that order to him, appeal to the Appellate Authority, as the State Government may, by notification, appoint for the purpose of this section, in such manner and on payment of such fees as may be prescribed. ii. The Appellate Authority may, after giving a reasonable opportunity of being heard to the appellant and the Competent authority concerned, pass an order dismissing the appeal or accepting the appeal by- 1. Granting permission unconditionally; or 2. Granting permission subject to such conditions as it may think fit; and 3. Removing the conditions subject to which permission has been granted and imposing other conditions, if any, as it may think fit; Provided that the grant of permission by the Appellate Authority, whether conditional or otherwise, shall be in conformity with the provisions of the Master Plan. iii. The decision of the Appellate Authority on the appeal shall be final.

Any permission granted under section 72 shall remain in force for a period of three years from the date of grant of such permission and should the permission be not availed of for the purpose for which it is granted within the aforesaid period, the permission shall be deemed to have lapsed: Provided further that such lapse shall not bar any subsequent application for fresh permission under section 72.

i) Where any person, aggrieved by an order of the Authority under section 69 or of the Appellate Authority under section 70 refusing to grant permission or granting permission subject to conditions, claims- a. That the land has become incapable of reasonably beneficial use in its existing state; or b. In a case where permission is given subject to conditions, that the land and building cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions; he may, within such time and in such manner as may be prescribed, serve on the State Government a notice hereinafter referred to as the “Acquisition notice” requiring the State Government to acquire his interest in the land. ii) A copy of the acquisition notice referred to in sub-section (i) shall be served on the Authority. iii) After receiving the notice under sub-section (i), the State Government shall appoint an Expert Committee specifying the number and qualifications of the members along with the Chairman of such committee as may be prescribed which shall after giving a reasonable opportunity of being heard to the person serving the acquisition notice, and the Authority concerned, submit a report thereon to the State Government iv) After receiving the report under sub-section (iii) the State Government shall- a. 1. If it is satisfied that any of the conditions specified in clause (a) and clause (b) of sub-section (i) is not fulfilled; or 2. If the order appealed against was passed on the ground that any of the provisions of this Act or the rules made thereunder had not been complied with; pass an order refusing to confirm the notice; or b. If it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (i) is fulfilled, pass an order- 1. Confirming the notice; or 2. Directing the Authority to grant such permission or to alter the conditions in such a way as will leave the land or part thereof capable of reasonably beneficial use. v) If within a period of one hundred and twenty days from the date of which an acquisition notice is served, the State Government does not pass an order thereon under sub-section (iv) the notice shall be deemed to have been confirmed on the expiration of such period. vi) On an acquisition notice being confirmed under sub-section (iv) or deemed to have been confirmed under sub-section (v), the Authority shall get the land or that part thereof acquired in respect of which the notice has been confirmed within one year of such confirmation.

i. If it appears to the Authority that it is necessary or expedient having regard to the Master Plan prepared or under preparation or revision and to any other material considerations, that any permission to develop land granted under this Act or any other law for the time being in force should be revoked or modified, it may, after giving a reasonable opportunity of being heard to the person in whose favor the permission had been granted, 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 operation, no such order- 1. Shall affect such of the operations as have been previously carried out; 2. 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. ii. When permission is revoked or modified by an order made under sub-section (i), the owner may, within such time and in such manner as may be prescribed, claim compensation for the expenditure incurred in carrying out any work in accordance with such permission and which has been rendered abortive by the revocation or modification of permission. iii. Where a claim under sub-section (ii) is received by the Competent Authority concerned, it shall, after giving the owner reasonable opportunity of being heard, assess the amount of compensation and offer it to the owner. iv. If the owner does not accept the compensation offered under sub-section (iii), and gives notice, within such time as may be prescribed, of such refusal, the Competent Authority shall refer the matter for the adjudication of the prescribed Authority and the decision of the prescribed Authority shall be final and binding on the owner and the Competent Authority.

i. Any person who, either, by himself or at the instance of any other person, commences, undertakes or carries out development of or changes the use of any land- a) In contravention of any Master Plan prepared or under preparation or revision; or b) Without obtaining certificate regarding development or betterment charge under section 76; or c) Without the permission as required under section 77; or d) In contravention of any condition subject to which such permission has been granted; or e) After the permission for development has been revoked under section 73; or f) In contravention of the permission which has been modified under section 73, shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to Rs. 50,000, or with both, and in the case of continuing offence with a (i) further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention. ii. Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Master Plan prepared or under preparation or revision without having been allowed under section 76 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 be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to fifty thousand, or, with both, and in the case of continuing offence with a further fine which extend to one thousand rupees for everyday during which such contravention continues after conviction for the first such contravention. iii. Any person who, either by himself or at the instance of any other person, erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provision of section 68, shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to fifty thousand rupees, or, with both, and in case of a continuing offence with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

i. Where any development or land has been or being carried out in any manner specified in clause (a) to (f) of sub-section of section 74 or any building has been erected or re-erected or excavation has been made of extended or any means of access has been laid out to a road in contravention of the provisions of section 68, the Authority may, within four years of completion of such development, erection or re-erection of building, or making or extending any excavation, or laying out of any means of access to a road as the case may be, serve on the owner a notice requiring him, being not less than one month, as may be specified therein, after the service of the notice, to take such steps, as may be specified in the notice, namely- a) In cases specified clause (a), (c) or (e) of sub-section (i) of section 74, or sub-section (iii) thereof, to restore the land to its condition before the said development, erection, re-erection, excavation or laying out of any means of access to road took place; b) In cases specified in clause (d) or (f) of sub-section (i) of section 74, to secure compliance with the conditions or with permission as modified; c) In case specified in clause (b) of sub-section (i) of section 74, to pay the development charge or betterment charge and such penalty, if any, as may be prescribed: Provided that in case the notice requires the discontinuance of the use of any land, the Competent Authority shall serve a notice on the occupier also. ii. In particular, any such notice may, for the purposes of sub-section (i), require- a) The demolition or alteration of any building or other operations; b) The carrying out on land, of any building or other operations; c) The discontinuance any use land. iii. Any person aggrieved by such notice may within such period and in such manner as may be prescribed- a) Apply for permission under section 69 for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or b) Appeal to the Appellate Authority as prescribed by the State Government. iv. a) The notice shall be of no effect pending the final disposal or withdrawal of the application or the appeal. b) Where the permission is granted on an application referred to in clause (a) of sub-section (iii), the notice shall not take effect; and where such permission is granted for the retention only of some building or work or for the continuance of use of only a part of the land, such notice shall not take effect regarding the works or other parts of the land. v. Where an appeal has been preferred under clause (b) of sub-section (iii), the Appellate Authority may, after allowing a reasonable opportunity to the appellant and the Authority of being heard, dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit and the decision of the Appellate Authority on the appeal shall be final. vi. If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub-section (iii), as the case may be, the notice or so much of it as continues to have effect, or the notice with variations made in appeal is not complied with, the Authority may,- (a) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance of any use of land prosecute any other person also who uses the land or causes or permits the land to be used in contravention of the notice : and (b) (i) in the case of a notice requiring the demolition or alteration of any building or other operations. Itself cause the restoration of the land to the condition in which it was before the development, erection, re-erection, excavation or laying out of any means of access to a road, as the case may be, took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the Competent Authority concerned may consider necessary including demotion or alteration of any building or works or carrying out of any building or other operations; (ii) may recover the cost of any expenses incurred by it in this behalf from the owner as arrear of land revenue. vii. Any person prosecuted under clause (a) of sub-section (6) shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and in the case of a continuing offence, with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

(i) Where any development of land has been carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 78 or any building has been erected or re-erected or any excavation has been made or extended or any means of access has been laid to any road in contravention of the provisions of section 73, but has not been completed, the Authority or ULB, as the case may be, may serve on the owner and the person carrying out the development or the erection or re-erection of building or making or extending any excavation or laying out any means of access to a road, a notice requiring him to discontinue the same from the time of service of such notice. (ii) Where a notice has been served under sub-section (1), the person aggrieved by such notice may appeal to the State Government and the provisions of sub-sections (5) and (6) of section 79 shall apply with such modifications as may be necessary. (iii) 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 be, punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to fifty thousand rupees, or with both, and when the non-compliance is a continuing one with a further fine which may extend to one thousand rupees for every day after the date of the notice during which the non-compliance has continued or continues. (iv) If a notice under sub-section (i) is not complied with forthwith, the Authority or any office authorized by it in this behalf, as the case may be, may require and police officer to remove such person and other workmen from the land with his assistance and such police officer shall comply with such requisition. (v) Where action has been taken by a Police Officer under sub-section (4), the Authority or the officer referred to in that sub-section, shall take necessary steps to ensure that such development is not continued. (vi) Any expenses incurred by the Authority under sub-section (4) and sub-section (5), shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as arrear of land revenue.

(i) If it appears to the Authority or ULB, as the case may be, that it is expedient the interests of the proper planning of any area (including the interests of amenities), having regard to the Master Plan prepared or under preparation or revision to be prepared – (a) that any use of land should be discontinued; or (b) that any conditions should be imposed on the continuance of use of any land ; or (c ) that any building or work should be altered or removed. the Authority or ULB, 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 of use of the land, or (iii) require such steps, as may be specified in the notice, to be taken for the alteration or removal of any building or work, as the case may be, within such period, being not less than thirty days from the date of service of such notice, as may be specified therein. (ii) Any person aggrieved by the notice served under sub-section (1), may appeal to the Appellate Authority within such period and in such manner as may be prescribed. (iii) If an appeal is filled under sub-section (2), the provisions of sub-sections (3) and (6) of section 79 shall apply, with such modifications as may be necessary. (iv) If any person,- (a) who has suffered damage in consequence of the compliance with the notice, by the deprecation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or (b) who has carried out any works in compliance with the notice, claims from the Authority, within the time and in such a manner as may be prescribed compensation in respect of the damage, or any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (3) and (4) of section 77 shall apply with such modifications as may be necessary. (v) (a) If any person interested in the land in respect of which a notice is issued under this section, claims that by the reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any filed under sub-section (2) and in the manner prescribed, serve on the Authority acquisition notice requiring his interest in the land to be acquired. (b) When a notice is served under clause (a), the provisions of sub-section (2) to (6) of section 76 shall apply with such modifications as may be necessary.

(i) If at any time after permission has been granted under sub-section (4) of section 73, the Authority is satisfied that such permission was granted in consequence of any material misrepresentation made of any fraudulent statement or information furnished the Authority may after giving an opportunity of being heard to the person in whose favour the permission had been granted, cancel such permission for reasons to be recorded in writing and any development carried out without proper permission shall be treated as unauthorized development in terms of the provisions of section 89 and proceeded with accordingly. (ii) The decision of the Authority in this respect shall be final.