Restrictions on development of land.

§43

Summary

After the date on which the declaration of intention to prepare a Development plan for any area is published in the Official Gazette 1[or after the date on which a notification specifying any undeveloped area as a notified area, or any area designated as a site for a new town, is published in the Official Gazette], no person shall institute or change the use of any land or carry out any development of land without the permission in writting of the Planning Authority : Provided that, no such permission shall be necessary- (i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof 2[except in case of heritage building or heritage precinct;] (ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force ; (iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force ; (iv) for the carrying out by the Central or the State Government or any local authority of any works- (a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street ; (b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus including the breaking open of any street or other land for that purpose ; (v) for the excavation (including wells) made in the ordinary course of agricultural operation ; (vi) for the construction of a road intended to give access to land solely for agricultural purposes ; (vii) for normal use of land which has been used temporarily for other purposes; (viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions; (ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.

After the date on which the declaration of intention to prepare a Development plan for any area is published in the Official Gazette 1[or after the date on which a notification specifying any undeveloped area as a notified area, or any area designated as a site for a new town, is published in the Official Gazette], no person shall institute or change the use of any land or carry out any development of land without the permission in writting of the Planning Authority : Provided that, no such permission shall be necessary- (i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof 2[except in case of heritage building or heritage precinct;] (ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force ; (iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force ; (iv) for the carrying out by the Central or the State Government or any local authority of any works- (a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street ; (b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus including the breaking open of any street or other land for that purpose ; (v) for the excavation (including wells) made in the ordinary course of agricultural operation ; (vi) for the construction of a road intended to give access to land solely for agricultural purposes ; (vii) for normal use of land which has been used temporarily for other purposes; (viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions; (ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.

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