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[Cites 0, Cited by 1] [Section 35] [Entire Act]

State of Karnataka - Subsection

Section 35(1) in Karnataka Town and Country Planning Act, 1961

(1)On or after the date on which the Planning Authority's declaration of intention to make a scheme under section 29 or the notification issued by the State Government under section 31 is published,-
(a)no person shall within the area included in the scheme erect or proceed with any building work or remove, pull down, alter, make additions to, or make any substantial repair to any building, part of a building, a compound wall or any drainage work or remove any earth, stone or material, or sub-divide any land or change the user of any land or building unless such person has applied for and obtained necessary permission which shall be contained in a commencement certificate granted by the Planning Authority in the form prescribed;
(b)the Planning Authority on receipt of such application shall at once furnish the applicant with a written acknowledgment of its receipt and may, after inquiry and in consultation with the Director, either grant or refuse such certificate or grant it subject to such conditions as the Planning Authority may, with the previous approval of the Director, think fit to impose if the Planning Authority communicates no decision to the applicant within three months from the date of such acknowledgment, the applicant shall be deemed to have been granted such certificate;
(c)if any person contravenes the provisions contained in clause (a) or clause (b), the Planning Authority may direct such person by notice in writing to stop any work in progress, and after making inquiry in the prescribed manner, remove, pull down, or alter any building or other work or restore the land in respect of which such contravention is made to its original condition;
(d)any expenses incurred by the Planning Authority under clause (c) shall be a sum due to such authority under this Act from the person in default or the owner of the plot.