Bare ActsThe Manipur Highways Act, 1979

Section 30

Amendment status not verified — confirm the current text below against the official source.

(1 It shall be unlawful aftera notification has been iswefi‘ “i dive“? by the Board under sub-section (2) of Section 29, to construct or $22“ 111 the re-COnsttuct any building in the area so notified, or to layout any ' means ot‘ access in that area towards the adjacent highway without. obtaining the prior permission of the Board. (2} Every person wishing to construct or re-construct any structure or to layout any means of access in that atea shall apply to the Board for permission in such form and with such details and plans— and together with such fees, if any, as may be prescribed by the Board. 3) The Board shall, as Soon as possible after the receipt of an application, by order in writing either. (a) grant the necessary permission,_with _or without such reason- able conditions as may be specified in the order. if the propo- sal of the applicant is not inconsistent with the layout of the area planned 01: contemplated, and is otherwise unobjection- able, or (b) refuse the permission. (4 If at the expiration of 3 months from the date of appli— cation no order in writing has been passed by the Board_,_pernnssmn shall be deemed to have been given without the imposnion of any conditions: automatic grant of permission shali Provided, honever, no such out of any means be presumed if the application is for the laying of access towards the adjacent highway. {5 1n the event of refusal of pexmissicn, the Board shalt communicate to the applicantt‘ne defeets or the objectionable featutes. of the proposal responsible for its rejection. Ry 21 (6) The applicant may re-submit the proposal to the Board after removing the defects or objectionable features and such appli- cation shall be disposed of by the Board under sub-section (3) as if it vxere a flesh application. (7) If in course of execution of any work after obtaining the permission of the Board, the applicant desires to make any substantial alteration in the approved pian, a fresh application shall be made to the Board as if the modified plan constituteda fresh proposal and, pending the disposal of such fresh application by ,the Board under Sub—SeCtion (3), the ConstruCtiOn work shall be suspended by the applicant. (8) Any pexson feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject .to conditions or rejecting it, may, within three months of the date of, the order of the Board, prefer an appeal to the Slate Goyemment whose order in the matter shall be final. . (9) If anypersen constructs or re-constnicts any structure or lays out any means of access without obtaining the permission of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any substantialdeviation from the approved plan, the Board may, without prejudiceto any other proceedings which may be taken against him, have the structure removed or the means of access closed and recover from him the expenditure involved, together With 15% departmental charges,.~in accordance with the procedure prescribed under Section 23 in so far as that prOCedure is applicable. (10) The Foard shall be ‘the sole judge of What cenétitutes substantial deviation from the approved plan for purposes of sub- section (9); 31.. (1) Where after the issue of a notification under sub-section (2) L of Section 29 it appears to the Board that ,the planned development of: the notified area can be secured only byacquiring land in that grea, [it may, with the prior consent of the State Government, acquire the entire area or Such part of it as may be considered necessary, either by direct negotiation with the owner or failing such'negotiation, by resort to the provisions of the Land Acquisition Act, 1894. f ‘ ,~ -'7 (2) Such area as may be acquired under sub-secti'orijl) $11131] he properlyyla’id out by the Board, the necessary improvemehtiefi‘eeted and sites assigned sold or leased to the public for a §peeifi'ed‘pe'rifiod net eXceeding 99 years, for construction accOrding t6 a‘pp‘toved p’léfis. Planning Board to acquire land for planned development, where neces- sary. Planning Board to decide on levy of better- ment tax with the consent of State Government who shall determine the rate of levy. Computation of betterment value. CHAPTER—VIII LEVY OF BETTERMENT TAX

Section 30 – The Manipur Highways Act, 1979 | DailyLaw.ai