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State of Karnataka - Section

Section 23 in The Basavakalyan Development Board Act, 2005

23. No other authority or person to undertake development without permission of the Board.

(1)Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Board, no authority or person shall undertake any development within the [Basavakalyan Heritage sites] [Substituted 'Basavakalyan' by Karnataka Act No. 14 of 2019, dated 2.3.2019.] , of the types as the Board may from time to time specify by notification published in the Official Gazette.
(2)No local authority shall grant permission for any development referred to in sub-section (1), within the [Basavakalyan Heritage sites] [Substituted 'Basavakalyan' by Karnataka Act No. 14 of 2019, dated 2.3.2019.], unless the Board has granted permission for such development.
(3)Any authority [***] [Omitted 'or person' by Karnataka Act No. 14 of 2019, dated 2.3.2019.] desiring to undertake development referred to in sub-section (1) shall apply in writing to the Board for permission to undertake such development.
(4)The Board may, after making such inquiry as it deems necessary grant such permission without or with such conditions, as it may deem fit, to impose or refuse to grant such permission.
(5)Any authority [***] [Omitted 'or person' by Karnataka Act No. 14 of 2019, dated 2.3.2019.] aggrieved by the decision of the Board under sub-section (4) may, within thirty days from the date of the decision appeal against such decision to the State Government, whose decision thereon shall be final:Provided that, where the aggrieved authority submitting such appeal is under the administrative control of the Central Government, the appeal shall be decided by the State Government, after consultation with the Central Government.
(6)In case any [*] [Omitted 'person or' by Karnataka Act No. 14 of 2019, dated 2.3.2019.] authority does anything contrary to the decision given under sub-section (4) as modified in sub-section (5), the Board shall have power to pull down, demolish or remove any development under taken contrary to such decision and recover the cost of such pulling down, demolition or removal from [*] [Omitted 'the person or' by Karnataka Act No. 14 of 2019, dated 2.3.2019.] authority concerned.[24 to 25. ***] [Omitted by Karnataka Act No. 14 of 2019, dated 2.3.2019.]
24. Power of entry.- The Board may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purposes of,-(a) making any enquiry, inspection, measurement or survey or taking levels for such land or building;(b) examining works under construction and ascertaining the course of sewers and drains;(c) digging or boring into the sub-soil;(d) setting out boundaries and intended lines of work;(e) making such levels, boundaries and lines by placing marks and cutting trenches;(f) ascertaining whether any land is being or has been developed in contravention of any plan or in contravention of any conditions subject to which such permission has been granted; or(g) doing any other thing necessary for the efficient administration of this Act.Provided that,-(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building;(ii) sufficient opportunity shall in every instance be given to enable women or children, if any, to withdraw from such land or building;(iii) due regard shall always be had, so far as may be, compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the occupants of the land or building entered.25. Levy of Fee.- (1) It shall be lawful for the Board to levy, at such rate as may, by the regulations be specified, a fee for grant of permissions under section 23.