Panchayat:Repo18/Law Manual Page1114

failure to sanction the published Plan within the time limit prescribed for the purpose under this Act and thereafter the use and development of land in the area shall be governed by the provisions of the published draft Plan:

Provided also that where no such interim development orders are issued, use and development of land in the area shall be governed by the provisions of the published draft Plan from the date of publication of the notice in the Official Gazette inviting objections and suggestions, if any, thereon under the provisions of this Act:

Provided also that in the case of a Master Plan or a Detailed Town Planning Scheme deemed to have been published under this Act provided in Section 113, Government may, in consultation with the Chief Town Planner and the Local Self Government Institution concerned, by order, issue Interim Development Orders for the purpose of controlling use and development of land in the area.

64. Land Development Permit.— No development or change of use of any land shall be undertaken or carried out, —

(a) without obtaining permission in writing from the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned in such manner as may be prescribed; and

(b) without obtaining a certificate from the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to the effect that the development charges payable under this Act have been paid:

Provided that no such permission or certificate shall be necessary for the operational constructions of the departments of Central or State Government, Quasi-government Institutions or Local Self Government Institutions, as may be notified by the Government from time to time.

65. Application for Land Development Permit.— (1) Any person or body intending to carry out any development on any land shall make an application in writing to the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned for permission in such form and containing such particulars and accompanied by such documents, fee and Plans as may be prescribed.

(2) On such application having been duly made, and on payment of the development charges as may be assessed under this Act, -

(a) the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, within a period of thirty days, pass an order,Choone (i) granting permission unconditionally; or

(ii) granting permission subject to such conditions as it may consider fit to make it in conformity with the Plans and the laws in force;

(iii) refusing permission stating the reasons thereof;

(b) Without prejudice to the generality of the foregoing provision and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may,—

(i) to the effect that the condition granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued; and

(ii) for regulating the development or use of any other land under the control of the applicant or for carrying out of the works on any such land as may appear to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned expedient, for the purpose of the permitted development.