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Section 10: Restriction on use of land of development thereof

The Himachal Pradesh Town and Country Planning Act, 1977State Act of Himachal Pradesh · Act 12 of 1977

(1) Notwithstanding anything contained in any other law for the time being in force, on or after the date of publication of the draft regional plan, no person, authority, department of Government or any other person shall change the sue of land for any purpose other than agriculture, or carry out any development in respect of any land contrary to the provisions of the draft plan, without the prior approval of the Director or any officer next to him authorized by the Director, in this behalf.

(2) Notwithstanding anything contained in any law for the time being in force, the permission referred to in sub-section (1) shall not be granted otherwise than in conformity with the provision of the draft or final plan and no permission, if granted, shall be construed to confer any legal right whatsoever on the person seeking the permission.

(3) If any work is carried out in contravention of the provisions of this section, the Municipal Corporation or 1[Municipal council or Nagar Panchayat] within its such local area, and the Collector in area outside such local areas, may cause such work to be removed or demolished at the cost of the defaulter, which shall be recovered from him in the same manner as an arrear of land revenue:

Provided that no action shall be taken under this sub-section unless the person concerned is given a reasonable opportunity of being heard and a notice calling upon him to remove or demolish the work within a time specified therein.

(4) Any person aggrieved by the order of the Municipal Corporation, 2[Municipal council or Nagar Panchayat] or Collector, as the case may be, calling up to remove or demolish the work may prefer an appeal to the Director within fifteen days of the receipt of the notice under sub-section (3) and the order of the Director in such appeal shall be final.

Where this provision sits

ActThe Himachal Pradesh Town and Country Planning Act, 1977
Section10
Marginal noteRestriction on use of land of development thereof
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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