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Bombay Presidency - Section

Section 13 in Bombay Metropolitan Region Development Authority Act, 1974

13. No other authority or person to undertake certain development without permission of the Authority. - (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Metropolitan Region of the type as the Metropolitan Authority may from time to time specify, by notification published in the Official Gazette, and which is likely to adversely affect [the over all development] of the Metropolitan Region.

(2)Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Metropolitan Authority for permission to undertake such development.
(3)The Metropolitan Authority shall, after making such inquiry as it deems, necessary and within 60 days from the receipt of an application under sub-section (2), grant such permission without any conditions or with such conditions as it may deem fit to impose or refuse to grant such permission. [If the Authority fails to communicate its decision to grant or refuse permission to the applicant within sixty days from the date of receipt of his application, or within sixty days from the date of receipt of compliance of requisition, if any made by the Secretary of the Executive Committee or any officer authorised by him, whichever is later, such, permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of such sixty days, but subject to the provisions of the Regional Plan or the Regulations or the Development Control Rules, if any, applicable for the time being to such development.]
(4)Any authority or person aggrieved by the decision of the Metropolitan Authority under sub-section (3), may, within 30 days, appeal against such decision to the State Government whose decision 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.]
(5)In case any person or authority [contravenes any conditions imposed under sub-section (3) or] does anything contrary to the decision given under sub-section (4), the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned.