(1)Before utilizing, selling, leasing out or otherwise disposing of any land [, which was not been converted into agricultural land under section 4C of the West Bengal Land Reforms Act, 1955 (West Ben. Act 10 of 1956),] [Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.] or building as plots for construction of buildings thereon, the owner thereof shall send to the Chairman a written application with a layout plan of the land showing the street or streets giving access to the plots into which the land may be divided and connections of such street or streets with any existing public or private streets and the following particulars :-(a)the size or sizes and the number of plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used,(b)the land use pattern depicting reservation or allotment of any site for any street, parking lot, open space, park, recreation ground, school, market or any other public purpose;(c)the intended level, direction and width of street or streets, including foot-paths;(d)the arrangement for water-supply, energy supply, drainage, sanitation and conservancy as respects the plot;(e)the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.(2)Within ninety days of receipt of any application under sub-section (1), the Chairman-in-Council shall, after obtaining such technical views as it may deem proper, either accord approval to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it.(3)Such approval shall be refused,-(a)if the particulars shown in the layout plan are in conflict with any arrangements which have been made or are likely to be made for carrying out any general scheme of development of the municipal area, whether or not such scheme is contained in the development plan or the development scheme prepared under any law in force for the time being;(b)if the layout plan does not conform to the provisions of this Act and the rules and the regulations made thereunder; or(c)if any street proposed in the layout plan is not so designed as to connect it at one end with a street which is already open.(4)No person shall utilize, sell or otherwise deal with any land or layout or make any new street, nor shall any person make any construction on any plot comprised in such land without or otherwise than in conformity with the orders of approval of the Chairman-in-Council; and, if further information is asked for, no step shall be taken to utilize, sell or otherwise deal with the land or to layout or make the street until an order has been passed by the Chairman-in-Council upon receipt of such information :Provided that the passing of any such order shall not, in any case, be delayed for more than ninety days after the Chairman-in-Council has received such information as it considers necessary to enable it to deal with the application.(5)[ Where the transfer of any land or building is executed before the layout plan has been approved, no plan for erection of a building within the meaning of sub-section (1) of section 197 on the said land or building shall be approved :Provided that the Chairman may, after considering the case, by order approve the plan for erection of such building in relaxation of the provisions of this sub-section.] [[Substituted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998 old section read as :(5)No sale deed shall be registered under any law for the time being in force for any land governed by this section until the layout plans have been approved under this section.]]
