Section 65 in West Bengal Town and Country (Planning and Development) Act, 1979
65. Restrictions on use and development of land after the publication of the scheme.
(1)On or after the date on which the scheme is published in the Official Gazette under sub-section (1) of section 61 -(a)no person shall within the area included in the scheme erect or proceed with any building work, remove, pull down, alter, make additions tr4 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 use of any land or building unless such person has applied for and obtained necessary permission from the Development Authority in the form prescribed:(b)the Development Authority on receipt of an application referred to in clause (a) shall at once furnish the applicant with a written acknowledgement of its receipt and may, after an enquiry, either grant or refuse such permission or grant it subject to such conditions as the Development Authority may think fit to impose. If the Authority communicates no decision to the applicant within three months from the date of such acknowledgement, the applicant shall be deemed to have been granted such permission;(c)if any person contravenes the provisions contained in clause (a) or clause (b), the Development 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; and(d)any expenses incurred by the concerned 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.(2)No person shall be entitled to any compensation in respect of any damage, loss or injury resulting from any action taken by the Development Authority under sub-section (1) of this section except in respect of a building or work begun or a contract entered into before the date on which the Development Authority published the scheme under sub-section (1) of section 61 or the notification under sub-section (1) of section 62 was published by the State Government and only in so far as such building or work has proceeded at the time of the publication of the scheme :Provided that such claim to compensation in the excepted cases shall be subject to the conditions of any agreement entered into between such person and the concerned Authority.(3)Where under clause (a) of sub-section (2) of section 58 or under section 59, the purposes to which, -(a)any plot of land may not be used has been specified, such plot of land shall, within such period of not less than one year, as may be specified in the scheme, cease to be used for the purposes and shall be used only for the purpose specified in the scheme;(b)any existing building may not be used has been specified, such building shall, within such period of not less than three years as may be specified in the scheme cease to be used for any purpose other than the purposes specified in the scheme; and(c)any plot of land with existing buildings may not be used has been specified in the scheme and the existence of such buildings is inconsistent with the provisions of the scheme, such buildings shall, within such period of not less than ten years as may be specified in the scheme, cease to exist :Provided that such period shall not be less than the reasonable life of the buildings.(4)Any person aggrieved by the decision of the Development Authority under this section may, within sixty days from the date of the decision, appeal to the Authority as may be prescribed and the order of such Authority in the appeal shall be final.(5)The provisions of section 50 shall, mutatis mutandis, apply in relation to the unauthorised development or use of land included in a development scheme.(6)The restrictions imposed by this section shall cease to operate in the event of the scheme being withdrawn by the Planning Authority or the Development Authority on its own or on the direction of the State Government under section 71.
