Section 12 in Uttarakhand Flood Plain Zoning Act, 2012
12. Power to prohibit obstruction etc. in flood plain.
(1)Where the State Government is satisfied that it is necessary to do so in the interest of public health, safety or property or reducing the inconvenience to the general public to prohibit or restrict the activities in the flood plain, the Government may, by notification in the Official Gazette, specify the area where such prohibition or restriction is to be enforced and the nature and extent of such prohibition or restriction:Provided that no notification under this sub-section shall be issued after the expiry of [eighteen months] [Substituted by section 2 of UK Act no 22 of 2018.] from the date of publication of notification under section 8.(2)Upon the publication of a notification under sub-section (1), notwithstanding anything contained in any law, custom, agreement of instrument, for the time being in force, the prohibition or restriction specified in such notification shall prevail.(3)No person shall undertake any activity within the prohibited area or restricted area except with the previous permission of Flood Zoning Authority:Provided that where a person makes an application to the Flood Zoning Authority for permission under this sub-section to undertake any activity and the Flood Zoning Authority does not within a period of ninety days from the date of receipt of such application, communicate to the said person that permission applied for has been refused, it shall be presumed that he Flood Zoning Authority has granted such permission.
