Omitted by Act 33 of 2021 (w.e.f. 25.02.2021). — ACT 9 OF 2016

4. Omitted by Act 33 of 2021 (w.e.f. 25.02.2021). Provided that no such permission or certificate shall be necessary for the operational constructions of the departments of Central or State Government, Quasi-government Institutions or Local Self Government Institutions, as may be notified by the Government from time to time. 65. Application for Land Development Permit.—(1) Any person or body intending to carry out any development on any land shall make an application in writing to the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned for permission in such form and containing such particulars and accompanied by such documents, fee and Plans as may be prescribed. (2) On such application having been duly made, and on payment of the development charges as may be assessed under this Act,— (a) the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, within a period of thirty days, pass an order,— (i) granting permission unconditionally; or (ii) granting permission subject to such conditions as it may consider fit to make it in conformity with the Plans and the laws in force; (iii) refusing permission stating the reasons thereof; (b) Without prejudice to the generality of the foregoing provision and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may,— (i) to the effect that the condition 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; and (ii) for regulating the development or use of any other land under the control of the applicant or for carrying out of the works on any such land as may appear to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned expedient, for the purpose of the permitted development. (3) The Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned in dealing with the applications for permission shall have regard to the provisions of the Master Plans and Detailed Town Planning Schemes in force or the Interim Development Orders as provided under this Act. (4) 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. (5) Any such order shall be communicated to the applicant in the manner prescribed. (6) In the case of the departments of Central or State Government or Quasigovernment Institutions intending to carry out any development other than operational constructions on any land, the concerned department or institution, as the case may be, shall intimate in writing to the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, of its intention to do so, giving full particulars thereof and accompanied by such documents as may be prescribed by the Government from time to time, at least, thirty days prior to the undertaking of such development. (7) Where the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned has raised any objection pertaining to the proposals received in respect of conformity of the proposed development, either to any matter in sub-section (3) or to any of the building rules in force at the time, the departments of Central or State Government or the Quasi-government agencies, as the case may be, shall make necessary modifications in the proposals for development to clear the objections raised by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned: Provided that the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall intimate the objections, if any, within thirty days of receipt of the proposal. 66. Power of revocation or modification of Development Permit.—If it appears to the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, that it is expedient that any permission granted to develop land should be either revoked or modified, having regard to a Master Plan or Detailed Town Planning Scheme prepared or under preparation under this Act or on being satisfied that the permission was issued by mistake or that a patent error has crept in it or that the permission was happened to be issued on misrepresentation of fact or law or that the development if carried on will be a threat to life or property, the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may, after giving the person concerned an opportunity of being heard against such revocation or modification, either revoke the permission or modify the permission to such extent as it appears to be necessary. 67. Obligation to acquire land in certain cases.—(1) Where any land is designated for compulsory acquisition in a Master Plan or Detailed Town Planning Scheme sanctioned under this Act and no acquisition proceedings are initiated for such land under the Land Acquisition Act in force in the State within a period of two years from the date of coming into operation of the Plan, the owner or person affected may serve on the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, within such time and in such manner, as may be prescribed, a notice (hereinafter referred to as "the purchase notice") requiring the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to purchase the interest in the land in accordance with the provisions of this Act; (2) On receipt of any purchase notice under sub-section (1), as soon as possible, but not later than sixty days from the date of receipt of the purchase notice, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, through a resolution decide to acquire the land, where the land is designated for compulsory acquisition for the purpose of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat. (3) Where the land is designated for compulsory acquisition for the purpose of any Government Department or Quasi-government Agency, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall forward such notice to the Government. (4) In case the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned decides not to acquire the land, it shall initiate variation of the plan suitably in accordance with this Act. (5) In case the land acquisition could not be effected within a period of two years from the date of resolution to acquire the land, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall initiate variation of the plan suitably in accordance with this Act. (6) On receipt of a purchase notice under sub-section (3), the Government shall in consultation with the Government Department or Quasi-government Agency concerned, not later than six months from the date of receipt of the purchase notice, confirm the purchase notice. In any other case, Government may require the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to vary the plan suitably in accordance with this Act: Provided that in case the land acquisition could not be effected within a period of two years from the date of confirmation of the purchase notice, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall initiate variation of the plan suitably in accordance with this Act under intimation to the Government. (7) If no order has been passed by the Government within a period of six months from the date of receipt of the purchase notice, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall, suo moto initiate variation of the plan suitably in accordance with this Act: Provided that where variation proceedings of the Plan are initiated under this section, the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall, in consultation with the Chief Town Planner, take suitable decision on any application for land development permit received under section 64. 68. Power to require stoppage or removal of unauthorised development, imposition of penalty etc.—(1) Where any development or change of use of any land or building has been or is being carried out,— (a) in contravention of any Master Plan or Detailed Town Planning Scheme under this Act; or (b) without permission as required under this Act; or (c) without obtaining a certificate regarding payment of development charges under this Act; or (d) in contravention of any permission or condition subject to which such permission has been granted; or (e) after the permission for development has been revoked under this Act; or (f) in contravention of the permission which has been modified under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, shall serve on the owner a notice requiring to stop the development or change of use of land with immediate effect, and also requiring within such period not exceeding one month, after the service of the notice, to take such steps as may be specified in the notice,— (i) to restore the land to its condition before the said development took place, in cases specified in clauses (a), (b) or (e); (ii) to secure compliance with the permission or conditions or with the permission as modified, in cases specified in clause (d) or (f); or (iii) to pay the development charges and such penalty, if any, as may be prescribed, in cases specified in clause (c). (2) In particular, any such notice may, for the purpose of sub-section (1), require,— (a) the demolition or alteration of any building or works; (b) the carrying out on land, of any building or other operations; or (c) the discontinuance of any use of land: Provided that in case the notice required the discontinuance of any use of the land, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall serve a notice on the occupier also. (3) Any person aggrieved by any such notice may, within the period specified in the notice, apply for permission, as provided under section 65 with such modifications as may be required, for the retention on the land of any building or work, or for the continuance of any use of land, to which the notice is related: Provided that no development or change of use of land shall be continued until final determination of such application and further procedure as per the notice shall not be effected till then. (4) The provisions of section 65 shall apply to such application with such modifications as may be required. (5) If permission is granted on such application, the notice shall not take effect, or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall not take effect regarding such buildings or works or such part of the land, but the notice shall have full effect regarding other buildings or works or other parts of the land. (6) If within the period specified in the notice or within such period after the disposal of the application for permission, the notice or so much of it that continues to have effect, is not complied with, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may,— (a) take steps to prosecute the owner, for not complying with the notice and in case where the notice required the discontinuance of any use of land, prosecute the owner, occupier or any other person who uses the land or causes or permits the land to be used in contravention of the notice; (b) cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission, in the case of a notice requiring the demolition or alteration of any building or works or carrying out of any building or other operations, by taking such steps as the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations; or (c) require any police officer to remove such person and all his workmen from the land at any time after the service of such notice and such police officer shall comply with the same; or (d) cause to ensure that the development or change of use of land is not continued and to seal the unauthorised development, if deemed necessary; or (e) recover the cost of any expense incurred by it in this regard from the owner as arrears of land revenue. (7) Any person prosecuted under clause (a) of sub-section (6) shall on conviction be punishable with simple imprisonment for a term which may extend up to three years or with a fine which may extend up to ten thousand rupees, or with both and in the case of a continuing offence, with a further fine which may extend up to five hundred rupees per day during which such offence continues after first conviction. 69. Removal or discontinuance of unauthorised development of temporary nature.—(1) Notwithstanding anything herein before contained in this Chapter, where any person has carried out any development unauthorisedly as indicated in sub-section (1) of section 68, but of a temporary nature, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may, by an order in writing direct that person to remove any such structure erected or work done, or discontinue the use of land within fifteen days from the receipt of the order or as specified therein and if thereafter the person does not comply with the order within the said period, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may authorise any of its officers or employees, to have such work summarily removed or such use summarily discontinued without any notice, as directed in the order and any further unauthorised development, shall be removed or discontinued summarily without making any order as aforesaid. (2) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may recover the cost of any expenses incurred by it in this regard from the owner as arrears of land revenue. (3) Government may, if deemed necessary appoint such additional officers and staff, as may be prescribed, to ensure that the powers specified in sections 68 and 69 are exercised. 70. Applicability of the provisions to a Joint Planning Committee.—For the purposes of this Chapter, a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may also include a Joint Planning Committee constituted under section 41 of the Act. 71. Power of the Municipal Corporations, Municipal Councils etc. to prepare Land Pooling Schemes.— 1 [(1)] Subject to the provisions of this Act or any other law in force, a Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat may, for the purpose of implementing the proposals contained in the Plans under this Act, prepare 2 [or get prepared or adopt with or without modifications], one or more Land Pooling Schemes for any part of the area within its jurisdiction and get them sanctioned by the Government in the prescribed manner: Provided that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may entrust the preparation of the Land Pooling Scheme to a Development Authority having jurisdiction over the area constituted under this Act: Provided further that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall permit any development in such area only with the concurrence of the Development Authority: Provided also that the Government may entrust a Land Pooling Scheme to a Development Authority if it deems fit. 3 [(2)The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may also, through a resolution, decide to prepare or get prepared or adopt with or without modifications a Land Pooling Scheme in respect of any part of the area within its jurisdiction.] 72. Contents of Land Pooling Scheme.—The Land Pooling Scheme shall, inter alia, contain the following particulars, namely:— (a) the boundary, extent, ownership, tenure and existing use of all original plots covered by the Land Pooling Scheme; (b) reservation, acquisition or allotment of land in the Scheme area, with general indication of the uses as contained in the Master Plan or Detailed Town Planning Scheme, if 1. Numbered by Act 33 of 2021 (w.e.f. 25.02.2021). 2. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021). 3. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021). any, in force in the area and the terms and conditions, if any, subject to which, such land is to be put to that use; (c) the laying out or relaying out of the land either vacant or already built upon; (d) the extent to which it is proposed to alter the boundaries of the original plots in accordance with the proposed Land Pooling Scheme as the reconstituted final plots; (e) an estimate of the total cost of the Land Pooling Scheme, the net cost to be borne by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned and the period within which the scheme is proposed to be implemented; (f) proposals for natural hazard prone areas, the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the number, height and character of buildings allowed in specified areas, the purposes for which buildings or specified areas may or may not be used, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking space, and the size of projections and advertisement signs. 73. Reconstitution of original plots into final plots.—(1) In a Land Pooling Scheme, for reconstituting the plots, the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes, and, where a plot is already built upon, to ensure that the buildings, as far as possible, comply with the provisions of the Land Pooling Scheme. (2) For the purpose of sub-section (1), the Land Pooling Scheme may also contain proposals,— (a) to form a final plot by reconstitution of an original plot, by alteration of the boundaries of the original plot, if necessary; (b) to form a reconstituted final plot from an original plot, by transfer wholly or partly from the adjoining lands; (c) to allot a reconstituted final plot to any owner dispossessed of land, in furtherance of the objectives of the Land Pooling Scheme; (d) to transfer the ownership of an original plot from one person to another; (e) to provide, with the consent of the owners, that two or more original plots, each of which is held in ownership severally or jointly, shall after reconstitution, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot; (f) for assigning roles and responsibilities of the owners of the land and building, and also of various agencies involved in providing infrastructure; and (g) the procedure to be adopted, in cases where a minority of the land owners object to the implementation of the scheme. Note:—For the purpose of this section, the term "original plot" shall mean the plot originally used for reconstitution in a Land Pooling Scheme and the term "final plot" shall mean the plot which is allotted to the owner in lieu of original plots.

Section 4