Section 30 in The Bihar (Coal Mining) Area Development Authority Act, 1986
30. Premission for Development.
(1)Any person or body (excluding a department of Central or State Government or local Authority, a public sector undertaking) intending to carry out any development on any land shall make an application in writing to the Authority for permission in such form and containing such particulars and accompanied by such document and plans as may be prescribed by the rules or the regulations:Provided that the above provision shall be effective in those areas where the authority is to carry out the plan and it shall not be essential to get the map passed for those areas where the Authority is not to carry out any scheme.(2)In the case of a department of Central or State Government or local authority intending to carry out any development other than operational constructions on any land the concerned department or authority, as the case may be, shall notify in writing to the Authority of its intention to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed by the Government from time to time, at least, one month prior to the undertaking of such development. Where the Authority has raised any objection in respect of the conformity of the proposed development either due to any development plan under preparation, or to any of the building bye-laws in force at the time, or due to any other material consideration, under sub-section (4) the department or the local authority as the case may be, shall-(a)either make necessary modifications in the proposal for development to meet the objections raised by the Authority, or(b)submit the proposals for development together with the objections raised by the Authority to the Government for decision. When proposals and objections have been submitted no development shall be undertaken until the Government has finally decided on the matter within three months.The Government on receipt of the proposals for development together with the objections of the Authority, shall in consultation with the Chief Town Planner, of the State either approve the proposals with or without modifications or direct the concerned Department or local Authority, as the case may be, to make such modifications in the proposals as they consider necessary in the circumstances.The provisions of sub-section (3) shall not apply in this case:Provided that the operational constructions of the departments or Central or State Government or local Authority or public sector undertakings as may be notified by the Government from time to time, shall be exempted from the purview of the Authority.(3)On such application being duly made, and on payment of the development charge as may be assessed under Chapter VII-(a)the Authority may pass an order within prescribed time in the following manner-(i)granting permission unconditionally; or(ii)granting permission subject to such condition as it may think fit; or(iii)refusing permission;(b)without prejudice to the generality of the foregoing clause, the Authority may impose condition-(i)to the effect that the permission granted is only for a limited period that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;(ii)for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the Authority expedient for the purpose of the permitted development.(4)The Authority in dealing with the applications for mutation shall have regard to-(a)the provisions of the Development Plan, if it has come into operations;(b)any other material consideration.(5)When permission is granted subject to conditions or is refused the grounds of imposing such conditions or such refusal be recorded in the orders.(6)Any such order shall be communicated within fifteen days to the applicant in the manner prescribed by regulations.
