Amendment status not verified — confirm the current text below against the official source.
(1) Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the Deputy Commissioner in such form and containing such information in respect of the building, excavation or means of access to which the application relates as may be prescribed. (2) On receipt of such application the Deputy Commissioner, after making such enquiry as he considers necessary, shall, by order in writing, either - (a) grant the permission, subject to such conditions, if any, as may be specified in the order; or (b) refuse to grant such permission. (3) When the Deputy Commissioner grants permission subject to conditions, or refuses to grant permission under sub-section (2), the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case and the interest of the general public. (4) The Deputy Commissioner shall not refuse permission to the erection or re-erection of a building, if such building is required for purposes subservient to agriculture, nor shall the permission to erect or re-erect any such building be made subject to any conditions other than those which may be necessary to ensure that the building will be used solely for agricultural purposes. (5) The Deputy Commissioner shall not refuse permission to the erection or re-erection of a building which was in existence on the date on which the notification under sub- section (2) of section 3 was made, nor shall be impose any conditions in respect of such erection or re-erection unless he is satisfied that there is a probability that the building will be used for a purpose or is designed in a manner other than that for which it was used or designed on the date on which the said declaration was made. (6) If at the expiration of a period of three months after an application under sub-section (1) has been made to the Deputy Commissioner no order in writing has been passed by the Deputy Commissioner, permission shall, without prejudice to the restriction signified in the plans under section 4 be deemed to have been given without the imposition of any conditions. (7) The Deputy Commissioner shall maintain a register as may be prescribed with sufficient particulars of all cases in which permission is given or deemed to have been given or refused by him under this section, and the said register shall be available for inspection without charge by all persons interested and such persons shall be entitled to take extracts therefrom. 7.Appeal.- (1) Any person aggrieved or affected by an order of the Deputy Commissioner under sub-section (2) of section 6 granting permission subject to Conditions or refusing permission, may within sixty days from the date of such order prefer an appeal to the Commissioner. (2) The order of the Commissioner on appeal shall be final. 8.Compensation.- A person whose application has been refused or whose application has been granted subject to conditions, under sub-section (2) of section 6 shall be entitled to claim compensation within three months of the order of the Deputy Commissioner under section 7, if any, as the case may be, for any injury, loss or damage actually suffered on account of the order, in the manner herein after provided. 9.Arbitration for compensation.- (1) An application for compensation shall lie to an arbitrator appointed by the State Government in this behalf. (2) Such Arbitrator shall be a person who is or has been a District Judge or an Additional District Judge and he shall have all the powers of an arbitrator under the Indian Arbitration Act, 1940, and the provisions of the said Act, shall, so far as may be, apply in relation to proceedings before him. (3) In computing the compensation to be awarded regard shall not be had to any consideration for advantages to be gained or improvements to be made in any land or building in the controlled area, with reference to their development or intended development in the future or to increase in value as a result of the development of the capital of the State at Chandigarh 1[ as that Capital and State existed immediately before the 1st November, 1966.] (4) The arbitrator shall have power to reject the application, after due enquiry, or to make an award of compensation. 10.Savings.- Nothing in this Act, Shall affect the power of Government or any other authority to acquire land or to impose restrictions upon the use and development of land comprised in the controlled area under any other law for the time being in force, or to permit the settlement of a claim arising out of the exercise of powers under this Act by mutual agreement. 11.Prohibition on use of land.- (1) No land within a controlled area shall, except with the prohibition on permission of the State Government, be used for purposes other than those for which it was used on the date of notification under sub-section (2) of section 3; and no land shall be used for the purposes of a charcoal-kiln, pottery-kiln, lime kiln or brick-field or brick- kiln [or manufacturing surkhi or crushing stone] except under, and in accordance with, the conditions of a licence from the Deputy Commissioner on payment of such fees and under such conditions as may be prescribed. (2) The renewal of such licence may be made annually on payment of such fees as may be prescribed. (3) No person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by the refusal to issue or renew a licence, except in cases where such kiln 2[or work of manufacturing surkhi or crushing stone, as the case may be,] was in existence at the time of the notification under sub-sectin (2) of section 3 and in which case an application shall lie to the arbitrator within three months of the order of refusal in the manner provided in section 9.