Section 48 in The Bihar (Coal Mining) Area Development Authority Act, 1986
48. Restrictions on use and development of land after publication of scheme.
(1)On or after the date on which the scheme is published in Official Gazette under sub-section (1) of section 44 of the Act,-(a)No person shall, within the area included in the Scheme, erect or proceed with any building work, remove, pull down, alter, make additions to or make any substantial repair to any building, part of a building, a compound wall or any drainage, work or remove any earth, stone or material, or sub-divide any land or building unless such person has applied for and obtained necessary permission from the Authority in the form prescribed;(b)The Authority, on receipt of such application, shall at once furnish the applicant with a written acknowledgement of its receipt and may, after an enquiry, either grant or refuse such permission or grant it subject to such condition as the Authority may think fit to impose. If the Authority communicates no decision to the applicant within three months from the date of such acknowledgement, the applicant shall be deemed to have been granted such permission;(c)If any person contravenes the provisions contained in clause (a) or clause (b), the Authority may direct such person by notice in writing to stop any work in progress and after making enquiry in the prescribed manner, remove, pull down or alter any building or other work or restore the land in respect of which such contravention is made to its original condition;(d)Any expense incurred by the Authority under sub-section (c) shall be a sum due to the Authority under this Act for the person in default or the owner of the plot.(2)No person shall be entitled to compensation in respect of any damage, or injury resulting from any action taken by the Authority under sub-section (1) except in respect of the building work begun or contact entered into before the date of which the Authority published the scheme under sub-section (1) of section 44 or the Government published the notification under section 45 and it shall apply only in such building work as has proceeded with the publication of the scheme:Provided that such claim to compensation in the expected cases shall be subject to the conditions of any agreement entered into between such person and the Authority.(3)Where under clause (viii) of sub-section (2) of section 41 or under a scheme under section 42-(a)the purpose to which any plot of land may not be used has been specified, such plot of land shall within such period of not less than one year, as may be specified in the scheme cease to be used for such purposes and shall be used only For the purpose specified in the scheme;(b)the purpose to which any existing building may not be used has been specified, such building, shall within such period of not less than 3 years as may be specified in the scheme, cease to be used for the purpose other than the purpose specified in the scheme;(c)the purpose to which any plot of land with existing building may not be used has been specified in the scheme and the existence of such buildings is inconsistent with the provisions of the Scheme, such buildings shall within such period of not less than 10 years as may be specified in the scheme cease to exist:Provided that such period shall not be less than reasonable life of the building;no compensation shall be payable for any plot of land or building adversely affected by the making of a scheme.(4)Any person or persons aggrieved by the decision of the Authority under this section may, within 60 days from the date of the decision, appeal to the prescribed authority and the order of the prescribed authority in the appeal shall be final.(5)The provisions of section 36 shall mutatis mutandis apply in relation to the unauthorised development or use of land included in a development scheme.(6)The restrictions imposed by this section shall cease to operate in the event of the scheme being withdrawn by the Authority on its own motion or on the direction of the Government under section 53.
