Himachal pradesh act 010 of 1992 : Himachal Pradesh Town and Country Planning (Amendment) Act, 1992

Preamble

Himachal Pradesh Town and Country Planning (Amendment) Act, 1992*

[Himachal Pradesh Act No. 10 of 1992]1[2nd May, 1992]

An Act further to amend the Himachal Pradesh Town and Country Planting Act, 1977 (Act No. 12 of 1977).

Be it enacted by the Legislative Assembly of Himachal Pradesh in the Forty-third Year of the Republic of India as follows:-

1. Passed in Hindi by the Himachal pradesh Vidhan Sabha. For-Statement of Object and Reasons see R.H.P. Extra., dated 29-2-1952, Pages 1484 and 1486.

* Received the assent of the Governor, Himachal Pradesh, on the 2nd May, 1992 and was published in Hindi and English in R.H.P. Extra., dated 5-5-1992, p. 1921 and 1922

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Town and Country Planning (Amendment) Act, 1992.

Section 2. Addition of section 15-A

2. Addition of section 15-A.- After section 15 of the Himachal Pradesh Town and Country Planning Act, 1977 (12 of 1977), the following section 15-A, shall be added, namely:-

"15-A. Freezing of land use pending preparation of existing land use map under section-15.- (1) Wherever the State Government, after the constitution of the planning area under section 13 but b?fore the publication of the existing land use map under section 15, is satisfied that in any planning area or part thereof, the change of the land use or any building operation therein-

(a) is likely to cause injurious disturbance of the surface or any land br soil, or is considered detrimental to the preservation of the soil, prevention of land slips or protection against etosion; or

(b) is likely to make it difficult to plan area develop the area question in accordance with the provisions or the Act;

the State Government may, by notification published in the Official Gazette, freeze the existing land use, for a period not exceeding three years.

(2) On the issuance of-a notification under sub-section (1)-

(a) no person shall change the use of any land or carry out any development of land, other than the change for the purpose of agriculture, without the written permission of the Director; and;

(b) no local authority or officer or other authority shall notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land without the written permission of the Director.

(3) Any permission that the Director may grant under sub-section (2) shall be subject to such conditions, and restrictions as may lie imposed in this behalf by the State Government".

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