Section 94(1) in Sikkim Urban and Regional Planning and Development Act, 1998
(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).
