Section 3 in The M.P. Regulation of Uses of Land Act, 1948
3. Declaration of controlled area.
- The Collector may with the previous sanction of the State Government by notification declare any land adjacent to and within a distance of four hundred and forty yards from the centre line of any road in his district to be a controlled area for the purpose of this Act.(2)Not less than three months before making a declaration under sub-section (1) the Collector shall cause to be published in the Gazette and in at least two locally read newspapers printed in the Court language of the district a notification stating that he proposes with the previous sanction of the State Government, to make such a declaration and specifying therein the boundaries of the land in respect of which the declaration is proposed to be made, and copies of every such notification or of the substance thereof shall be published by the Collector in such manner as he thinks fit at his office and at such other places in the area of which any part is included within the said boundaries.(3)Any person interested in any land included within the said boundaries may, at any time before the expiration of thirty days from the last date on which the notification is published by the Collector object to the making of the declaration or both inclusion of his land or any part of it within the said boundaries.(4)Every objection under sub-section (3) shall be made to the Sub-Divisional Officer in writing and the Sub-Divisional Officer shall give to every person so objecting an opportunity of being heard either in person or by pleader and shall after all such objections have been heard and after such further enquiry, if any, as he thinks necessary, forward to the Collector, the record of the proceeding held by him together with a report setting forth his recommendations of on the objection.(5)If before the expiration of the time allowed by sub-section (3) for the filing of objection no objection has been made, the Collector may proceed at once to the making of a declaration under sub-section (1). If any such objection have been made, the Collector shall consider the record and the report referred to in sub-section (4) and shall hear any parties applying to be heard and may either-(a)abandon the proposal to make a declaration under sub- section (1), or(b)make such a declaration in respect of cither the whole or a part of the land included within the boundaries specified in the notification under sub-section (2).(6)A declaration made under sub-section (1), shall, unless and until it is withdrawn be conclusive evidence of the fact that the area to which it relates is a controlled area.Explanation :- For the purpose of sub-section (3) a person shall be deemed to be interested in land if he is a "person interested" as defined in clause (2) of Section 3 of the Land Acquisition Act, 1894 (1 of 1894), for the purposes of that Act or where the land is occupied by or for the purposes of place of worship if he is a follower of the religious faith to which the place of worship belongs.
