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Section 15: Existing land use maps

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

(1) The Director shall carry out the survey and prepare an existing land use map and forthwith publish the same in such manner as may be prescribed together with public notice of the preparation of the map and of the place or places where the copies may be inspected, inviting objections and suggestions in writing from any person with respect thereto within thirty days from the date of publication of such notice.

(2) After the expiry of the period specified in the notice published under sub-section (1), the Director may, after allowing a reasonable opportunity of being heard to all such persons who have filed the objections or suggestions, make such modifications therein as may be considered desirable.

(3) As soon as may be after the map is adopted with or without modifications the Director shall publish a public notice of the adoption of the map and the place or places where the copies of the same may be inspected.

(4) A copy of the notice shall also be published in the Official Gazette and it shall be conclusive evidence of the fact that the map has been duly prepared and adopted.

1[15-A. Freezing of land use pending preparation of existing land use map under section 15.- (1) Wherever the State Government, after the constitution of the planning area under section 13 2[or the special planning area under section 66] but before the publication of the existing land use map under section 15, is satisfied that in any planning area or part thereof 3[or the special planning area or part thereof, as the case may be,] the change of the land use on any building operation therein-

(a) is likely to cause injurious disturbances of the surface or any land or soil, or is considered detrimental to the preservation of the soil, prevention of land slips or protection against erosion;

or

(b) is likely to make it difficult to plan and develop the area in question in accordance with the provisions of the Act;

the State Government may, by notification published in the Official Gazette, freeze the existing land use, for a period not exceeding 4[five years].

1. Section 15-Ainsertedvide H.P. Act No. 10 of 1992.

2. Insertedvide H.P. Act No. 16 of 1994.

3. Insertedvide H.P. Act No. 16 of 1994.

4. Substituted for the words “ three years” Vide Act No. 14 of 2015.

THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 23

(2) On the issuance of a notification under sub-section (1)-

(a) no person shall change the use of any land or carry out any development of land (other than the change for the purpose of agriculture )without the written permission of the Director; and

(b) no local authority or officer or other authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land without the written permission of the Director.

(3) Any permission that the Director may grant under sub-section (2) shall be subject to such conditions and restrictions as may be imposed in this behalf by the State Government.

Where this provision sits

ActThe Himachal Pradesh Town and Country Planning Act, 1977
Section15
Marginal noteExisting land use maps
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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