(1) Every person desiring to obtain permission referred Applicato in section 7 shall make an application in writing to the tion for.
Controller in such form and containing such particulars as may permissIon.
be prescribed.
4 The Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965.
[West Ben, Act Power of entry in land and buildings.
(Section 9.)
(2) On receipt of such application the Controller, after making such enquiry as he considers necessary, shall, by order in writing, either grant the permission subject to such conditions, if any, as may be specified in the order or refuse to grant such permission.
(3) Where permission is refused or is granted subject to conditions, the grounds for such order shall be communicated to the applicant in the prescribed manner.
(4) An order made under sub-section (2) shall, subject to the provisions for appeal as hereinafter provided, be final.
(5) Any person aggrieved by an order of the Controller under sub-section (2) refusing permission or granting such permission subject to conditions, may, within thirty days from the date of the communication of such order to him, prefer an appeal to the State Government:
Provided that where the power exercisable under sub-section
(2) has been delegated to any person under section 6, such appeal shall be preferred to the Controller.
(6) An appeal referred to in sub-section (5) shall be preferred in such form and containing such particulars, and shall be heard in accordance with such procedure, as may be prescribed:
Provided that no such appeal shall be disposed of so as to prejudicially affect any person without giving such person an opportunity of being heard.
9. The Controller may authorise any person to enter upon or into any land or building with or without assistants or workmen for the purpose of—
(a) making any enquiry, inspection, measurement or survey or taking levels of such land or buildings;
(b) examining works under construction or ascertaining the course of sewers and drains; or
(c) ascertaining whether any land is being or has been used, or developed or any other act is being or has been done in contravention of any direction issued under section 4 or without the permission referred to in section 7 or in contravention of any condition subject to which such permission has been granted:
Provided that no such entry shall be made except between the hours of sunrise and sunset and without giving not less than ninety-six hours' written notice or in a case of emergency, not less than forty-eight hours' written notice to the occupier, or if there be no occupier, to the owner of the building or land.
The Calcutta Metropolitan Planning Area (Use and Development 5 of Land) Control Act, 1965.
XIV of 1965.]
(Sections 10, 11.)