FMDA Act 19

Section 19 · Infrastructure development to be in accordance with infrastructure development plan

(1)

Notwithstanding anything contained in any other State law for the time being in force, no board, company, agency or person shall, except in accordance with the infrastructure development plan, undertake any infrastructure development, within the notified area, of a nature that has been entrusted to the Authority under this Act or rules or regulations made thereunder.

(2)

Any board, company, agency or person desiring to undertake infrastructure development referred to in sub-section (1) shall intimate, in writing to the Chief Executive Officer, its proposal for infrastructure development, in such form and manner, as may be specified by regulations, along with a certificate to the effect that the proposal is in accordance with the infrastructure development plan:Provided that the local authority or any owner who has been granted a licence under sub-section (3) of section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 (

8 of 1975

) shall not submit a proposal for internal development work to the Authority:Provided further that the local authority shall inform the Authority about its intent to undertake any infrastructure development work other than an internal development work and such information shall be provided, except when it is of an emergent nature, at least thirty days prior to the commencement of such infrastructure development work.

(3)

The Chief Executive Officer immediately on the receipt of the proposal referred to in sub-section (2) but not later than three working days, shall cause to place the proposal along with all documents submitted, on the website of the Authority.

(4)

Any resident of the notified area may, within a period of twenty-one days from the date on which the proposal was placed on the website of the Authority under sub-section (3), submit his objections or suggestions on the proposal to the Chief Executive Officer.

(5)

The Chief Executive Officer shall, within a period of sixty days from the date on which the proposal was placed on the website of the Authority under sub-section (3) and after examination of the objections and suggestions and making such inquiry as he considers necessary, either give his concurrence to the proposal or submit his recommendations along with reasons thereof to the board, company, agency or person submitting the proposal under sub-section (2).

(6)

The concurrence or the recommendations along with reasons thereof referred to in sub-section (5), shall be placed on the website of the Authority.

(7)

If the Chief Executive Officer, while making his recommendations under subsection (5), comes to the conclusion that the proposal has a material and pervasive effect and affects public interest, he shall proceed forthwith to submit his recommendations to the Chairperson of the Authority.

(8)

The Authority shall, after consideration of the recommendations of the Chief Executive Officer give such directions, subject to the provisions of this Act and rules made thereunder, as it may deem fit and the Chief Executive Officer shall be bound to act in accordance with such directions.

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