Section 114A in The West Bengal Panchayat Act, 1973
114A. [ Development Plan in respect of any area of Panchayat Samiti. [Section 114A inserted by W.B. Act 17 of 1992.]
- [(1) Without prejudice to generality of the power under section 114 and notwithstanding anything contained in sections 23, 24 and 25, the State Government may, in the public interest, declare, by notification, its intention to prepare and publish a Development Plan in respect of an area within the jurisdiction of a Panchayat Samiti in accordance with such procedure as may be prescribed or in accordance with the provisions of any other law for the time being in force and, upon the issue of such notification, no new structure or new building shall be erected or constructed or no addition to any structure or building shall be made in such area except with the permission granted by the Panchayat Samiti or any authority, person or persons as may be empowered by the Panchayat Samiti in this behalf and except in accordance with such specifications and conditions as may be prepared and published by the Panchayat Samiti, or such authority, person or persons, as the case may be.][Proviso that where the State Government or an authority or agency under the State Government intends to set up or has set up an industrial estate or industrial park within the jurisdiction of a Gram Panchayat, permission for erection of any structure or building for setting up an industry within such industrial estate or industrial park, shall be obtained from such authority or industrial development authority or corporation as the State Government may by notification specify.] [Inserted by Act No. 8 of 2015.](2)Upon the publication of a Development Plan under sub-section (1), [the provisions of sections 23, 24 and 25] [Words and figures substituted for the words and figures 'the provisions of section 23' by W.B. Act 18 of 1994.] shall cease to be in force in the area referred to in sub-section (1).(3)The State Government may, by order, direct the Panchayat Samiti to make such contribution and grant to one or more Gram Panchayats out of the tolls, rates and fees levied by it under section 133 as may be specified in the order.(4)The State Government may, by order, authorise any officer to render advice, technical or otherwise, to the Panchayat Samiti on the performance of its functions and discharge of its duties under this section and, on receipt of such advice, the Panchayat Samiti shall give due consideration to such advice in a meeting specially convened for the purpose within a period of two months from the date of receipt of such advice.(5)Where any new structure or new building is erected or constructed or any addition to any structure or building is made in contravention of the provisions of sub-section (1), the Panchayat Samiti may, after giving the owner of such structure or building, as the case may be, an opportunity of being heard, made an order directing the demolition of the structure or the building, as the case may be, by the owner within such period as may be specified in the order and, in default, the Panchayat Samiti may itself effect the demolition and recover the cost thereof from the owner as a public demand.(6)Without prejudice to the provisions of sub-section (5), whoever erects any new structure or constructs any new building or makes any addition to any structure or building in contravention of the provisions of sub-section (1), shall, on conviction by a Court, be punishable with fine not exceeding, in each case, one hundred rupees per square metre per month for the area comprising the unauthorised erection or construction or addition, as the case may be, for the period during which such contravention continues, subject to a maximum of two thousand rupees in each such case.[* * * * * *] [[Sub-Section (7) omitted by W.B. Act 18 of 1994, which was as under:-'(7) Where the Panchayat Samiti, in exercise of its functions and powers with respect to any area under it, is required to have regard to the provisions of Development Plan before such Development Plan has become operative, the concerned Panchayat Samiti shall have regard to the provisions which, in its opinion, will be required to be included for securing the proper planning of the concerned area.'.]](8)If it appears to the Panchayat Samiti [or the authority, person or persons empowered under sub-section (1)] [Words, figure and brackets inserted by W.B. Act 18 of 1994.] that it is expedient in the interest of the proper planning of its areas (including the interest or amenities), having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration, -(a)that any use of land should be discontinued, or(b)that any conditions should be imposed on the continuance thereto, or(c)that any building or works should be altered or removed, [the Panchayat Samiti or the authority, person or persons as aforesaid may] [Words substituted for the words 'the Panchayat Samiti may' by W.B. Act 18 of 1994.] by notice served on the owner -(i)require discontinuance of that use, or(ii)impose such conditions as may be specified in the notice on the continuance thereof, or(iii)require such steps, as may be specified in the notice, to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.(9)Any person aggrieved by any such notice may, within the period specified in the notice, apply to the authority for the cancellation or modification of the notice.(10)If an application is filed under sub-section (9), the authority or any officer of the authority, appointed in this behalf, may dismiss the application or accept it by quashing or varying the notice as he may think fit.(11)If any person -(a)who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or(b)who has carried out any work in compliance of the notice,claims from the Panchayat Samiti [or the authority, person or persons empowered under sub-section (1)] [Words, figure and brackets inserted by W.B. Act 18 of 1994.] within the time and in the manner prescribed, for an amount in respect of that damage of of any expenses reasonably incurred by him for complying with the notice, the claim shall he disposed of by the Panchayat Samiti [or the authority, person or person empowered under sub-section (1)] [Words, figure and brackets inserted by W.B. Act 18 of 1994.] in the manner as prescribed.(12)After publication of Development Plan under sub-section (1) and subject to the provisions relating to the development charge and other provisions under this section, no development, institution or change of use of any land shall be undertaken or carried out in that area without obtaining a certificate from the Panchayat Samiti or its authorised officer certifying that the development charge as leviable under this section has been paid or that no such development charge is leviable:Provided that the State Government may, by notification, exempt any development, institution or change of use of any land from the operation of the provisions of this sub-section.(13)Any person or body (excluding a department of the Central or the State Government or any local authority) intending to carry any development on any land shall make an application in writing to the Panchayat Samiti or an officer authorised by it for permission in such from and containing such particulars and accompanied by such documents and plans as may be prescribed.(14)On such application having been duly made and on payment of the development charge as may be assessed, the Panchayat Samiti or the authorised officer may pass an order, -(i)granting permission unconditionally; or(ii)granting permission, subject to such conditions as it may think fit; or(iii)refusing permission:Provided that without prejudice to generality of clauses (i) to (iii) of this sub-section, the concerned authority may impose conditions -(i)to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;(ii)for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the authority expedient for the purpose of the permitted development:Provided further that the concerned authority in dealing with the applications for permission shall have regard to the provisions of the Development Plan prepared, under preparation or to be prepared and any other material consideration:Provided also that when permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order and the order shall be communicated to the applicant:Provided also that in the case of a department of the Central or the State Government or any local authority intending to carry out any development, other than operational construction (which shall always be outside the purview of the Panchayat Samiti), on any land, the concerned department or authority, as the case may be, shall notify in writing to the Panchayat Samiti of its intention to do so, giving full particulars thereof and accompanied by such documents and plans as may be directed by the State Government from time to time, at least, one month prior to the undertaking of such development.(15)In accordance with the provisions of this section and the rules made thereunder and subject to such conditions [as may be laid down by the Panchayat Samiti, or the authority, person or persons empowered under sub-section (1)] [Words, figure and brackets substituted for the words, figure and brackets 'as may be laid down In the notification under sub-section (1)' by W.B. Act 18 of 1994.] a Panchayat Samiti, shall levy a charge (hereinafter called the development charge) on the carrying out of any development or change of use of land, for which permission is required under this section, in the whole or any part of the area covered by the notification under sub-section (1) at a rate not exceeding those specified in the rules in this behalf by the State Government:Provided that the rates may be different for different parts of the area under notification under sub-section (1):Provided further that the charge shall be leviable on any person who undertakes or carries out such development or changes any such use:Provided also that no development charge shall be levied on development, or change of use, of any land vested in or under the control or possession of the Central Government, the State Government or any local authority:Provided also that the State Government may, by rules, provide for the exemption from the levy of development charge of any development or change of any use of any land specified in the rules.(16)Where the erection of any building or the execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the permission under sub-section (1) or in contravention of any other provision of this section or the rules made thereunder, the Panchayat Samiti, or any officer authorised in this behalf by the Panchayat Samiti, may, in addition to any other action that may be taker, under this section, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or the work has been commenced or is being carried on or has been completed within such period, not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to such person, as may be specified in the order:Provided that no order of demolition shall be made unless such person has been given, by means of a notice served in such manner as may be prescribed, a reasonable opportunity of showing cause why such order shall not be made:Provided further that where the erection or the execution has not been completed, the Panchayat Samiti or the authorised officer may by the same order or by a separate order, whether made at the time of issue of the notice under the first proviso at any other time, direct such person to stop the erection or the execution until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred:Provided also that any person aggrieved by such order of the Panchayat Samiti or its authorised officer may, within thirty days from the date of the order, prefer an appeal against the order to the Sub-divisional Officer having jurisdiction and when an appeal is preferred, the said Sub-divisional Officer may stay the enforcement of the order on such term as he may think fit:Provided also that every order made by the Sub-divisional Officer on an appeal and, subject to such order, the order made by the Panchayat Samiti or its authorised officer shall be final and conclusive:Provided also that where no appeal has been preferred against an order made by the Panchayat Samiti or its authorised officer or where an order has been confirmed on appeal, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therein or, as the case may be, within the period, if any, fixed by the Sub-divisional Officer on appeal, and on the failure of such person to comply with the order within such period, the Panchayat Samiti, or its authorised officer may itself or himself cause the building or the work to which the order relates to be demolished and the expenses for such demolition shall be recoverable from such person as a public demand.(17)The Panchayat Samiti or its authorised officer may, at any time before the issue of the order under sub-section (16), by order, require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.(18)The Panchayat Samiti or its authorised officer may, at any time during the erection of any building or the execution of any work or at any time within three months after the completion thereof, by a written notice, specify any matter in respect of which such erection or execution is without or contrary to this section or is in contravention of any of the provisions of this section or the rules made thereunder and require the person at whose instance the building or the work has been commenced or is being carried on or the owner of such building or work either -(a)to make such alterations as may be specified by the Panchayat Samiti or its authorised officer in the notice with the object of bringing the building or the work in conformity with such sanction or such provisions of this section or the rules made thereunder, or(b)to show cause, within such period as may be stated in the notice, why such alterations should not be made:Provided that if such person or such owner does not show any cause as aforesaid, he shall be bound to make the alteration specified in the notice:Provided further that if such person or such owner shows the cause as aforesaid, the Panchayat Samiti or its authorised officer shall, by an order, either cancel the notice issued or confirm the same subject to such modification as he thinks fit.]
