Section 42 in Sikkim Urban and Regional Planning and Development Act, 1998
42. Modifications in perspective plan or development plan of development area.
(1)Notwithstanding anything contained in sections 39 and 40, the perspective plan or development plan of a development area may be modified any time and for this purpose, the Authority shall publish a draft of the proposed modifications by a notice in at least one local newspaper inviting objections and suggestions from the public within thirty days from the date of aforesaid publication of he notice, and after giving an opportunity of being heard to such persons who have made request for being heard and after considering the objections and suggestions finalize the modifications in the plan and submit it to-(a)The Board in the case of modifications in perspective plan; or(b)The Government in case of modifications in the development plan.(2)The Board or the Government, as the case may be, approve the modifications with or without variations or refuse to approve the modification by a notification, in the Official, Gazette and in at least one local newspaper.Provided that no modifications shall be proposed or approved unless they are:(a)Of emergent nature; of(b)Of minor nature in the interest of implementation which do not materially affect the structure of the plan; and(c)In public interest and are notified to the public.Chapter-VII Control Of Development And Use Of Land
