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Section 42

The Sikkim Urban and Regional Planning and Development Act,1998State Act of Sikkim · Act 7 of 1998

(1) Notwithstanding anything contained in sections 39 and 40, the perspective plan or development plan of a development area may be modified any time and for this purpose, the Authority shall publish a draft of the proposed modifications by a notice in at least one local newspaper inviting objections and suggestions from the public within thirty days from tile date of aforesaid publication of the notice, and atter giving an opportunity of being heard to such persons who have made request for being heard and after considering the objections and suggestions finalise the modifications in the plan and submit it to -

(a) the Board in the case of modifications in a perspective plan; or

(b) the Government in case of modifications in the development plan.

(2) The Board or the Government, as the case may be, approve the modifications with or without variations or refuse to approve the modification by a notification, in the Official.Gazette and in at least one local newspaper:

Provided that no modifications shall be proposed or approved unless they are:

(a) of emergent nature; or

(b) of minor nature in the interest of implementation which do not materially affect the structure of the plan; and

(c) , in public interest and are notified to the public,

CHAPTER ft VII CONTROL OF DEVELOPMENT AND USE OF LAND

43. After the coming into operation of any development plan or a development Scheme in' an area, no person shall use or permit any other person to use any land or carry out any development in that area otherwise than in conformity with such a development plan or a development scheme:

Provided that the Authority may allow on application, the continuance, for a period not exceeding ten years, upon such terms and conditions as may be prescribed by the regulations made in this behalf, of any iand for the purpose and to the extent, for and to which it is being used on the date on which such a plan or Scheme came into operation.

Where this provision sits

ActThe Sikkim Urban and Regional Planning and Development Act,1998
Section42
JurisdictionState of Sikkim
StatusIn force as published by the source

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