Amendment status not verified — confirm the current text below against the official source.
lf the State Govemment/ State Urban and Country Planning Board is satisfied that a grave emergencyexists which necessitates the suspension ofany Development Plan or part of any Development Plan, it may, by a notification in the Official Gazette, suspend any Development Plan or any pan ofit. Conrng inlo operation ofthe Development Plan. Amendment of Development Plans. Suspension of Plan in emer- gency by State Govemment, State Urban and Country Planning Board. Use and 28 Development ofland to be in conformity with Development Plan. Prohibition of Development without payment of Development charges and without permission. 29 36 CIIAPTER.\'U Control of Development and Use of Land After the coming into operation of any Development Plan in any area: no pe6on shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Develop- ment Plan. Provided that the Local Planning Authority, may allow the continuance, for a period not exceeding l0 years, of the use, upon such terms and conditions as rnay be prescribed by the rcgulations made in this behall ofany land for the purpose and to the extend, for and to which it is being used on the date on which such Development Plan came into operation. (l) After the application ofthis Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution or change ofuse, of any land shall be undertaken or carried out in that area- (a) without obtaining a certificate from the Local 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 hereinaft er: Provided that no such permission shall be necessary- (i) for carrying out such works for the maintenance, improvement or other alteration ofanybuilding, which affect only the interior ofthe building or which do not materially affect the extemal appearance ofthe building. (ii) for the carry,rng out by the Central or tle State Govemment orany I-ocalAufiority of any wor*s required for the maintenance or implovement of a highway, road or public sfeet, b€ing works carried out on land within the boundaries ofsuch highway, road or public street; 37 (iii) for the carrying out by Cental or the State Govemment or any Local Authority of any works for the purpose ofinspection. repairing or renewing any drains. sewers. marns. pipes. cables or other apparatus including the breaking/ open ofany steet or other land for that purpose; (iv) for the excavations (including wells) made in the ordinary coune ofagriculnual opentions (v) for the construction of un-metalled road intended to give access to land solely for agricultural purposes ; (vi) for normal use of land which has been used ' temporarily for other purposes ; (vii) in case ofland, normally used for one purpose and occasionally used for any other purpose or for the use of land for that other pur!,ose on occasions ; (viii) for use, for any purpose incidental to the use ofa building for human habitation, or any other building or land attached to such building. (2) Any person or body (excluding a department of Central or State Govemment or Local Authority) intending to carry out any development on any land shall make an application in writing to the Local Ptanning Authority for permission in such forms and containing such particulars aod accompanied by such documents and plans as may be prescribed by the rules or regulations- Provided that in the case ofa Departnent of Central or State Government or Local Authority (where the Local Authority is not also the Plaming Authority) intending to carry out any development on any land, the concemed departrnent or authority, as the case may be, shall notifu in writing to the Local Plaruring Authority of its intention to do so, giving full particulars thereofand accompanied by such documents and plans as may be prescribed by State Governrn€nt/ State Urban and Country 33 Planning Board. At least, one month prior to the undertaking of such development where a Local Planning Authoriry has raised any objection in respect ofthe con[ormrry of*re preparation. or to any ofthebuilding bye-laws in force at the time, or due to any other material consideration, under sub- section (4), the Department orthe authority, as the case may be, shall- (i) either make necessary modifications itr the proposals for development to meet the objections raised by the State GovemmenV State Urban and Country Planning Board / Local Planning Authority, or (ii) submit the proposals for development together with the objections raised by the Local Planning Authority to the State Govemmen, State Urban and Country Planning Board for decision. The State Governmenu State Urban and Country Ptaming Board on receipt ofthe proposals for development together with the objectioN of the Local Planning Authority, shall in consultation with the Director ofTown Plaoring/ ChiefTown Planner, either approve the proposals with or without modifications or direct the concerned Department or LocalAuthoriry as the case may be, to make such modihcations in the proposals as they consider necessary in the circumstances. The provisions ofsub-section (3) shall not apply in this case. (3) On such application having been duly made, and on payment ofthe development charge as may be assessed under Chapter- VIII, (a) the Local Plannrng Aurhority 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 ; 39 (b) without prejudice to the generality of the foregoing clause, the Local Planning Authority may impose conditions- (i) to the effect that the permission granted is only for a limited period and after the expiry ofthat period, the tand shall be restored to its previous condition or the use of the land permitted shall be discontinued ; (ii) for regulating the development ofuse 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 Local Planning Authority expedient for the purpose of the permitted development. (4) The Local Planning Authority in dealing with the applications for permission shall have regard to- (i) the provisions of the Development Plan, if it has come into operation (ii) the proposals or provisions which it thinks are likely to be made in any Development Plan under preparatioq or to be prepared ; and liii) any other material consideration. (5) Vr'hen permissioo is granted subject to conditions or is refused, the grounds ofimposilg such refusal be recorded in th6 order. (6) Any such order shall be communicated to the applicant in the mallner prescribed by regulations. (7) The Local Ptanning Authority may, by a resolution, delegate any of its functions and powers under this section to- (a) any Local Authority, (b) any ofhcer of the State Governmetrt with previous approval of the Govemment for such delegation, or Appeal agaimt grant of permission subject to conditions or refusal of Permission.