Section 45 in West Bengal Town and Country (Planning and Development) Act, 1979
45. Prohibition of development without payment of development charges and without permission.
-After the coming into force of this Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution or change of use, of any land shall be undertaken or carried out in that area -(a)without obtaining a certificate from the concerned authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and(b)without obtaining the permission in writing as provided for hereinafter:Provided that no such permission shall be necessary -(i)for the carrying out such works for the maintenance, improvement or other alteration of any building, which affect only the interior of the building or which do not materially affect the external appearance of the building:(ii)for the carrying out by the Central or the State Government or any local authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;(iii)for the carrying out by the Central or the State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;(iv)for the excavation (including wells) made in the ordinary course of agricultural operations;(v)for the construction of un-metalled road intended to give access to land solely for agricultural purposes;(vi)for normal use of land which has been used temporarily for other purposes;(vii)in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;(viii)for use, for any purpose incidental to the use of a building for human habitation, or any other building or land attached to such building.
