State Act

the Uttarakhand Urban and Country Planning and Development Act, 1973 to the context of the State of Uttarakhand.

14. (1) After the declaration of any area as development area under section 3, no development of land shall be undertaken or carried out or continued in that area by any person or body (including a department of Government) unless permission for such development has been obtained in writing from the [Vice-Chairman of the concerned Local Development Authority /Person(s) or Officer(s), designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 in accordance with the provisions this Act. (2) After the coming into operation of any of the plans in any development are no development shall be undertaken on carried out or continued in that area unless such development is also in accordance with such plans. (3) Notwithstanding anything contained in sub-sections (1) and (2), the following provisions shall apply in relation to development of land by any department of any State Government or the Central Government or any local authority-- (a) when any such department or local authority intends to carry out any development of land it shall inform the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]4 in writing of its intention to do so, giving full particulars thereof, including any plans and documents, at least 30 days before undertaking such development; (b) in the case of a department of any State Government or the Central Government, if the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 has no objection, it should inform such department of the same within three weeks from the date of receipt by it under clause (a) of the department’s intention and if the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 does not make any objection within the said period the department shall be free to carry out the proposed development; (c) where the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 raises any objection to the proposed development on the ground that the development is not in conformity with any master plan or zonal development plan prepared or intended to be prepared by [Town and Country Planning Department or any other agency appointed/ nominated by the State Authority]2 or on another ground, by [Town and Country Planning Department or any other agency appointed/ nominated by the State Authority]2, as the case may be, shall— (i) either make necessary modifications in the proposal for development to meet the objections raised by the[Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1; or (ii) submit the proposals for development together with the objections raised by the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 to the State Government for decision under clause (d); (d) the State Government, on receipt of proposals for development together with the objections of the [Vice Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 may either approve the proposals with or without modification or direct the department or the local authority, as the case may be, to make such modifications as proposed by the Government and the decision of the State Government shall be final; (e) the development of any land begun by any such department or subject to the provisions of section 59 by any such local authority before the declaration referred to in sub-section (1) may be completed by that department or local authority with compliance with the requirement of sub-sections (1) and (2).