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State of Uttarakhand - Section

Section 11 in Uttarakhand River Valley (Development and Management) Act, 2005

11. Preparation of Sectoral plan and regulation of Development in the river Valley.

(1)As soon as may be, after the preparation of the Master Plan under section 10, the development agencies shall proceed with the preparation of the sectoral development plan in accordance with the Master Plan.
(2)A Plan for the sector prepared under sub section (1) shall confirm to the stipulations and norms lay down by the State Government and the Central Government.
(3)After the establishment of the Authority for the River Valley no development of land shall be undertaken or carried out or continued in that area by any person or body including a department of Government or any undertaking in public or private sector, unless permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act.
(4)After the coming into operation of any of the plans in any such area no development shall be undertaken or carried out or continues in that area unless such development is also in accordance with such plans.
(5)Notwithstanding anything contained in sub-section (1) and (2), the following provisions shall apply in relation to development of land in that area by any department of the State Government of the Central Government or any local Authority or persons or body corporate-
(a)When any such department or local Authority intends to carry out any development of land it shall inform the Executive Committee in writing of its intention to do so giving full particulars thereof, including any plans and documents, at least 90 days before undertaking such development;
(b)In the case of a department of any State Government or the Central Government or persons or body corporate if the Executive committee has any objection shall inform such department of the same within six weeks from the date of receipt by him under clause(a) of the department's intention, and if the said committee does not make any objection within the said period the department shall be free to carry out the proposed development;
(c)Where the Executive committee raises any objection to the proposed development on the ground that the development is not in conformity withy any Master plan or sectoral plan prepared or intended to be prepared by it under this Act or on other ground, such department or the local Authority, as the case may be, shall-
(i)either make necessary modifications in the proposal for development to meet the objections raised by the Executive Committee; or
(ii)submit the proposals for development together with the objections raised by the Executive Committee or the Authority for decision under clause (d);
(d)the Authority on receipt of proposals for development together with the objections of the Executive Committee may either approve the proposals with or without modifications or direct the department or the local Authority, as the case may be, to make such modifications as it considers necessary and he decision of the Authority shall be final.
Chapter-IV Finance, Account and Audit