(1) The State Government may, in the public interest or for Annulment any other sufficient reason, annul any Development Plan or a portion of the Development thereof or any provision contained therein. Plan.
(2) Immediately after the annulment of the Development Plan or any portion thereof or any provision contained therein, the State Government shall publish a public notice of the said annulment.
43. Any land required, reserved or designated in a Development Plan or a Development Scheme under Chapter VIII shall be deemed to be land needed for a public purpose within the meaning of the Land 1 of 1894. Acquisition Act, 1894 and may be acquired under the said Act.
Power to acquire land under the Land Acquisition Act, 1894.
131 The West Bengal Town and Country (Planning and Development) Act, 1979.
[West Ben. Act (Chapter VII.—Control of Development and Use of Land.— Sections 44, 45.)
Use and development of land to be in conformity with Development Plan.
Prohibition of development without payment of development charges and without permission.
CHAPTER VII Control of Development and Use Land.
44. After the coming into operation of any Development Plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Development Plan:
Provided that the Planning Authority or the Development Authority may allow the continuance, for a period not exceeding 7 years, of the use, upon such terms and conditions as may be imposed by the concerned authority, of any land for the purpose and to the extent, for and to which it is being used on the date on which such Development Plan comes into operation.
45. After the coming into force of this Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution or change of use, of any land shall be undertaken or carried out in that area—
(a) without obtaining a certificate from the concerned authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and
(b) without obtaining the permission in writing as provided for hereinafter:
Provided that no such permission shall be necessary—
(i) for the carrying out such works for the maintenance, improvement or other alteration of any building, which affect only the interior of the building or which do not materially affect the external appearance of the building;
(ii) for the carrying out by the Central or the State Government or any local authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;
(iii) for the carrying out by the Central or the State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other appratus including the breaking open of any street or other land for that purpose;
(iv) for the excavation (including wells) made in the ordinary course of agricultural operations;
(v) for the construction of unmetalled road intended to give access to land solely for agricultural purpose;
132 The West Bengal Town and Country (Planning and Development) Act, 1979.
XIII of 1979.]
(Chapter VII.—Control of Development and Use of Land.— Section 46.)
(vi) for normal use of land which has been used temporarily for other purposes;
(vii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;
(viii) for use, for any purpose incidental to the use of a building for human habitation, or any other building or land attached to such building.