Section 12 in The Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, 2005
12. Powers to prohibit obstruction, etc. in flood plain area.
(1)Where the Government is satisfied that it is necessary to do so in the interest of public health, safety or properly or in the interest of reducing the inconvenience to public to prohibit or restrict the activities in the flood plain, it may, by notification in the Government Gazette, specify the area where such prohibition or restriction is to be enforced and the nature and extent of such prohibition or restriction:Provided that no notification under this sub-section shall be issued after the expiry of six months from the date of publication of notification under section 8.(2)Upon the publication of a notification under sub-section (1), notwithstanding anything contained in any law, custom, agreement or instrument for the time being in force, the prohibition or restriction specified in such notification shall have effect.(3)No person shall undertake any activity within the prohibited area or restricted area except with the previous permission of the Flood Zoning Authority:Provided that where a person makes an application to the Flood Zoning Authority for permission under this sub-section to undertake any activity and the Flood Zoning Authority does not, within a period of ninety days from the date of receipt of such application, communicate to the person that permission applied for has been refused, it shall be presumed that the flood Zoning Authority has granted such permission.
