Section 94 in Sikkim Urban and Regional Planning and Development Act, 1998
94. Restrictions on use and development of land after declaration of regional planning area/development area.
(1)On or after the date on which the declaration of regional planning area under section 11 and development area under section 11, 21 of this Act is notified-(a)No person shall within the area included in the regional planning area or the development area, as the case may be, erect or proceed with any building work, remove, pull down, alter make additions to or make any substantial repair to any building, part of building, a compound wall or any drainage work or remove any earth, stone or material, or sub-divide any land or charge the use of any land or building unless such person has applied for and obtained necessary permission from the Chief Town Planner or such other authority as may be desired by Government in the case of regional planning area and the Authority in the case of development area under its jurisdiction;(b)The Chief Town Planner or the Authority as the case may be, on receipt of such application, shall at once furnish the applicant with a written acknowledgement of its receipt and may, after an inquiry, either grant or refuse such permission or grant it subject to such conditions as it may think fit impose. If no decision is communicated 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 sub-section (1) or sub-section (2), the Chief Town Planner or the Authority, as the case may be, may direct such person by notice in writing to stop any work in progress, and after making inquiry 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 expenses incurred by the Chief Town Planner or the Authority, as the case may be, under sub-section (3) shall be a sum due to them under this Act which may be recovered from the person in default or the owner of the plot as arrears of land revenue; and(e)No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Chief Town Planner or the Authority under sub-section (1).(2)Wherever the Government, after the declaration of the regional planning area under section 11 or the development area under section 21 but before the publication of the Map and the Register under section 31, is satisfied that in any regional planning area or development area or part thereof, the change of the land use or any building operation or any other operation as mentioned in sub-section 91) therein-(a)Is likely to cause injurious disturbance of surface or any land or soil, or is considered detrimental to the preservation of the soil, prevention of landslips or protection against erosion; or(b)Is likely to make it difficult to plan and develop the area in question in accordance with the provisions of this Act,The Government may, by notification published in the Official Gazette(c)On the issuance of a notification under this sub-section-(i)No person shall change the use of any land or carry out any development of land other than the change for the purpose of agriculture without the written permission of the Chief Town Planner in the case of the regional planning area and the Authority in the case of the development area; and(ii)No local authority or officer or other Authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land without the written permission of the Chief Town Planner in the case of the regional planning area and the Authority in the case of the development area;(d)Any permission which the Chief Town Planner or the Authority, as the case may be, may grant under this sub-section shall be subject to such conditions and restrictions as may be imposed in this behalf by the Government.
