(1)It shall be unlawful after a notification has been issued by the Board under sub-section (2) of Section 29, to construct or re-construct any building in the area so notified or to layout any means of access in that area towards the adjacent highway without obtaining the prior permission of the Board.(2)Every person wishing to construct or re-construct any structure or to layout any means of access in that area shall apply to the Board for permission in such form and with such details plans and together with such fees, if any, as may be prescribed by the Board.(3)The Board shall, as soon as possible after the receipt of an application, by order in writing either.(a)grant the necessary permission, with or without such reasonable conditions as may be specified in the order if the proposal of the applicant is not inconsistent with the layout of the area planned or contemplated, and is otherwise unobjectionable, or(b)refuse the permission.(4)If at the expiration of 3 months from the date of application no order in writing has been passed by the Board, permission shall be deemed to have been given without the imposition of any conditions :Provided, however, no such automatic grant of permission shall be presumed if the application is for the laying out of any means of access towards the adjacent highway.(5)In the event of refusal of permission, the Board shall communicate to the applicant the defects or the objectionable features of the proposal responsible for its rejection.(6)The applicant may re-submit the proposal to the Board after removing the defects or objectionable features and such application shall be disposed of by the Board under sub-section (3) as if it were a fresh application.(7)If in course of execution of any work after obtaining the permission of the Board, the applicant desires to make any substantial alteration in the approved plan, a fresh application shall be made to the Board as if the modified plan constituted a fresh proposal and, pending the disposal of such fresh application by the Board under sub-section (3), the construction work shall be suspended by the applicant.(8)Any person feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, within three months of the date of order of the Board, prefer an appeal to the State Government whose order in the matter shall be final.(9)If any person constructs or re-constructs any structure or lays out any means of access without obtaining the permissions of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken against him, have the structure removed or the means of access closed and recover from him the expenditure involved, together with 15% departmental charges, in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable.(10)The Board shall be the sole judge of what constitutes substantial deviation from the approved plan for purpose of sub- section (9).
