PRTPD Act 99Chapter XII · Town Development Schemes

Section 99 · Restrictions on use and development of land after declaration for the scheme

(1)

On or after the date on which a declaration of intention to make a scheme is published in the Official Gazette under sub-section (1) of section 93 -

(a)

no person shall within the area included in the scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the permission of the Authority in the prescribed form;

(b)

the Authority on receipt of such application shall at once furnish the applicant with a written acknowledgement of its receipt and after enquiry and where an Arbitrator has been appointed in respect of a draft scheme after obtaining his approval may either grant or refuse such permission, or grant it subject to such conditions as the Authority may think fit to impose.

(2)

If the Authority communicates no decision to the applicant within sixty days from the date of such acknowledgement, referred to in clause (b) of sub- section (1), the applicant shall be deemed to have been granted such permission.

(3)

If any person contravenes the provisions of clause (a) or clause (b) of sub-section (1), the Authority may direct such person by notice in writing to stop any development in progress and after making enquiry in the prescribed manner, remove, pull down or alter any building or other development or restore the land in respect of which such contravention is made to its original condition.

(4)

Any expense incurred by the Authority in the discharge of its duties under sub-section (3) shall be a sum due to the Authority under this Act from the person in default or the owner of the plot.

(5)

The provisions of Chapter XI shall mutatis mutandis, apply in relation to the development and use of land included in a scheme in so far as they are not inconsistent with the provisions of this Chapter.

(6)

The restriction imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the final scheme or in the event of the withdrawal of the scheme under section 114 or in the event of the declaration lapsing under sub-section (4) of section 93.

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