Section 32 in The Orissa Development Authorities Act, 1982
32. Restriction on use and development of land after publication of draft town planning schemed.
- On or after the date on which a draft town planning scheme is published under Clause (a) of Sub-section (3) of Section 24, no person shall, within the area included in the scheme, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the Authority in the form prescribed by rules.(2)Where an application for permission under Sub-section (1) is received by the Authority, it shall send to the applicant a written acknowledgement of its receipt and after making such enquiry as it deems fit and in consultation with the Valuation Officer, if any, may either grant or refuse such permission or grant it subject to such conditions as it may think fit to impose.(3)The provisions of Sections 90, 91 and 93 shall as far as may be, apply in relation to unauthorised development or use of land included in a town planing scheme.(4)The restrictions imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft town planning scheme or the preliminary town planning scheme, or in the event of the withdrawal of the town planning scheme under Section 49 or in the event of the declaration of intention lapsing under Sub-section (4) of Section 24.(5)Any diminution in the value of an original plot occasioned by any contravention of the provision of Sub-section (1) or of any condition imposed under Sub-section (2) shall, notwithstanding anything contained in Sections 60, 61 and 62 be taken into account in fixing the market value of such plot.(6)On and alter the date referred to in Sub-section (1), the Authority intending to carry out development of any land, within the area included in the town planning scheme, for its own purpose in exercise of its powers under any law for the time being in force, shall carry out such development in conformity with the provisions of such scheme, and of the bye-law and regulations relating to construction of buildings.(7)The provisions of this section shall not apply to any operational constructions undertaken by the Central Government or a State Government.
