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Section 13: Declaration of development area and permission for development etc.

The Jammu and Kashmir Development Act, 1970Union territory Act of Jammu and Kashmir · Act 21 of 1970

[13. Declaration of development area and permission for development etc. ––(1) After a notice approving the date of operation of plan is published under section 11, the Authority may, with prior permission of the Government and by notification in the Official Gazette, declare any zone or part thereof as development area for the purposes of this Act.

(2) Notwithstanding anything to the contrary contained in any law for the time being in force, consequent upon such notification, no person including a Department of the Government shall undertake or carry out development of any land or building in the zone unless permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act :

Provided that the development of any land undertaken by a Department of the Government or any local authority before the 31st day of October, 2019 may be completed by that Department or local authority.

(3) No person or entity, whether private or public, including a Department of the Government or any authority, shall undertake the implementation of any street or layout plan, in any form whatsoever, in the local area outside the limits of a Municipal Corporation established under the provisions of the Jammu and Kashmir Municipal Corporation Act, 2000,without the prior written permission of the Authority :

Provided that for the purposes of such permission, the Authority shall follow the procedure laid down in Chapter XIII of the Jammu and Kashmir Municipal Corporation Act, 2000, and any reference therein to the Corporation or the Commissioner shall be construed as reference to the Authority or the Vice-Chairman of the Authority, respectively :

Provided further that the restriction under this sub-section shall not apply to the development undertaken by or on behalf of the Metropolitan Region Development Authority established under the Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018, or to a town planning scheme implemented under the provisions of the Jammu and Kashmir Town Planning Act, 1963.]

Where this provision sits

ActThe Jammu and Kashmir Development Act, 1970
Section13
Marginal noteDeclaration of development area and permission for development etc.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Section 13 substituted by S.O. 3808 (E) dated 26.10.2020.

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