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State of Uttarakhand - Section

Section 21 in Uttarakhand River Valley (Development and Management) Act, 2005

21. Requirement of permission for major developmental, constructional and mining activities in the River Valley.

(1)No Major constructional or Major Developmental activity in contravention of master plan or sectoral plan shall be carried out in the River Valley provided if any person or body intends to carryout activities other then mentioned in sub section one of this section, he shall inform in writing to the Authority with its complete plan and if the Authority does not raise any objection with in sixty days from the receipt thereof the no objection shall be deemed to have been granted.
(2)No construction or development shall be permitted in the catchment area of River Valley or near the Reservoir/Dam in contravention of the master Plan or Sectoral Development plan. Except for public purpose like construction of the Bridges, preventing floods, control of soil erosion, construction of hydel projects etc. or any work incidental thereto.
(3)No commercial mining activity shall be carried out in the catchment area of River Valley with out the permission of the Authority provided no such permission shall be granted for any mining activity on the banks of the Rivers or Dam/Reservoir which may cause soil erosion.Explanation. -
(a)for the purpose of this section the major developmental or constructional activity means the activity requiring excavation of soil upto the depth of three feet or more in an area comprised in the Master Plan or Sectoral Plan and having an plinth area of more then seventy five square metes in a double storey. Provided no such permission or NOC is required for the following activities -
(i)Temporary structure and thatched house to be used as cattle-shed; or
(ii)establishment of small water mills; or
(iii)extension of existing house subject to the condition mentioned in sub section (2) of section 21 and its explanation; or
(iv)construction of retaining walls or boundary walls used for the protection of existing house or agricultural fields or for maintenance of Roads and Pathways; or
(v)emergency construction raised after having natural calamites and disasters in the area :
Provided further the Executive committee or its duly Authorized officer may see that ecology of the area is not affected by the construction referred as above.
(b)the local inhabitants may take minor minerals for their household requirement without obtaining permission of the Authority if such mining does not come with in the preview of sub-section (3) of this section and subject to the fulfillment of conditions specified in other laws and rules prevailing for the time being in force.