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Section 12

Andaman & Nicobar Islands Town &country Planning Regulation,1994Union territory Act of Andaman and Nicobar Islands · Act 7 of 1994

(1) Eve;y person ar body (including· a ·department'· of Goliernrnel'it or the Administration) desiring to obtain the permission referred tO 'In sub-sec.:;

tion (2) of·section 11 shall 'make· an aPplicatio'l in writing t"t the· Town· Planner in such from arid containing·such partieula s i'l respect of the developmenl to which the application relates as may be prescribed.

(2) Every application under sub-section (1) shall be accompanied by such fee .as may be prescribed: ..

Provided that no such fee shall be necessary in the case of an application made by a department of the Governm.,nt or of the Administration.

(3) On the receipt of an application tor permission under sub-sectbn

(1). the Town Planner shall issue an .acknowledgeme~t of receipt of such appl cation and after making such inquiry as he considers necessary shall, ·.by· order in writing, either grant the permis>ion. subject to such conc;lit ons, if any,.

as may be specifoed in the order or refuse to grant such permission :

• • • I Provedea that before making an order refusing such permission, the app i­ cant shall be given a resonable opportunity to show cause why the permission should not be refused.

(4) Wher. a permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner >·rescribed. ·

(5) If the Town Planroer do•s nnt communicate his order to 1 e applic•nt whithin six months from the date of acknowledgement of receipt of •he app·i­ . cation under sub section (1), such permission shall be deemed to have been granted to the applicant on the expiry of the said period of six months.

(6) The Town Planner s~ all keep in. such form as may be prescribed a register of applications for permission under this section.

(7) The said register shall contain such particulars including information as to the manner in which applications .for permi>sion have been deelt with as may be prescribed and shall be ava<labte for inspection by any member of the public et all reasonable hours on payment of such fee not exceeding rupees twenty as ma.Y be prescribed • ,8) Where permission is refused under this section the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission.

. 13. Every permission for any dev6lopment granted und•r this Regulation Lap~ .of parshall remain in force for three years hem the date of such permission: mtss~~~: .. '.,,·.;,.~

Provided that the Town Planner may. on application made in' this behalf before the expiry !>f the aforesaid period •. extend such period •. for such time as he . ,may think proper so however that the total period does not exceed ' srx years: · ·, Provided further that such lapse shall not bar any subsequent application.

for.,fresh permission under this Regulation. · · 14. Land needed for implementing a master plan notified shall be dee· Land.forimple- .. d f P bl' . . mentiRg mas-me~ to be land neeoe . or a u oc purpose. · ter plan to be

CHAPTER V SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS deemed to be for a public .Purpose.

15. The Town Planner may authoris" any person in writirg to enter into Powers of or upon any land or building within a development area with or without aS&is- entry.

tents or workmen for the purpose of- ·

(a) making any enquiry. inspection, measurement or survey or taking · levels of such land or building;

(b) examining works under construction and ascertaining the course of aewers and drains;

(c) digging or boring into the sub-soil;

(d) setting out boundaries and intended lines of work;

(e) making such levels. boundaries and lines by placing marks and GUtting trenches;

(f) ascertaining whether any land is being or has been' developed in contravention of the master plan or without the permission referred •o in ~tion 11 or in contravention of any condition subject to which such permission has been granted; or

(g) doing any:other thing necessary for the efficient administration of this Regulation:

Provided th2t-

(i) no such entry shall be made except betwee~ the hours of sunrise and· suns• t and without giving reasonable · orice to the occupier, or if there be no occupier. to the owner of the land or buildiog;

(ii) sufficient opportunity shall in every inotance be given te> enable women if any to withdraw from s'JC'> land or building;

(iii) due regard shall always be had, so far as may be compatibl .. with the exigencies of lhe purpoH for which the entry is. made, to the social and religious usages of the occupants of the land or building entered.

Where this provision sits

ActAndaman & Nicobar Islands Town &country Planning Regulation,1994
Section12
JurisdictionUnion territory of Andaman and Nicobar Islands
StatusIn force as published by the source

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