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State of Arunachal Pradesh - Section

Section 15 in Arunachal Pradesh State Road (Regulation and Development) Act, 2015

15. Restriction on use of land between building line and control line.

(1)Notwithstanding anything contained in any law for the time being in force, no person shall erect or re-erect any building or structure or make or extend any excavation or alter the level of land by lowering, raising, digging, or filling up, or construct, form or layout any means of access to the State road upon land lying in between the building and the control lines determined in respect of the State road, except with the prior permission of the State road authority.
(2)Any person desiring to obtain the permission referred to in Section 15(1) shall make an application in writing to the State Road Authority in such form with and together with such non-refundable fees as may be prescribed.
(3)On receipt of such application, the State Road Authority after making such further enquiries as it may consider necessary, shall, by order in writing, either:
(a)grant the permission, subject to such conditions if any, as may be specified in the order; or
(b)refuse to grant such permission.
(4)The State Road Authority shall not ordinarily refuse permission for :
(a)the erection of a building or a structure which was in existence on the date on which the restriction under Section 15 (1) came into force, unless such re-erection involves any material alteration to the outside appearance of the building of structure.
(b)the re-erection of a building or structure or structure which was in existence on the date on which the restriction under Section 15 (1) came into force, unless such re-erection involves any material alteration to the outside appearance of the building or structure.
(5)When the State Road Authority refuses the permission, the reason thereof shall be recorded and communicated to the applicant;Provided that nothing contained therein shall debar a person from making a fresh application after rectifying the defect on account of which such permission was refused, and the State Road Authority shall consider the application; afresh and pass an order thereon.
(6)In the event of not passing any order by the Authority even on the expiry of six months after an application has been made to the State road authority as required under Section 15(1) or provision to Section 15(5), permission shall be deemed to have been given without the imposition or any condition.Provided that no such permission shall be presumed to have been granted if the application is for construction, formation or laying out of any means of access.
(7)The State Road Authority shall maintain a register with sufficient particulars of all permissions granted or refused by it under this section and the register shall be available for inspection free of charge, by all persons interested and such persons shall be entitled to obtain extracts there from on payment of such fees as may be prescribed.