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Arunachal Pradesh Urban and Country Planning Act, 2007
Arunachal Pradesh Urban and Country Planning Act, 2007
Sections
1. Short title, extent, & commencement.
Section 12. Definitions.
Section 23. State Urban and Country Planning Board.
Section 34. Functions and powers of the State Urban and Country Planning Board.
Section 45. Term of Office and conditions of service of Chairman and members of State Urban and Country Planning Board.
Section 56. Meetings of the State Urban and Country Planning Board.
Section 67. Local Planning Areas & Local Planning Authority.
Section 78. Power to withdraw Local Planning area from operation of this Act.
Section 89. Local Planning Authority.
Section 910. Term of office and conditions of service of the members of Local Planning Authority.
Section 1011. Functions and powers of the Local Planning Authority.
Section 1112. Meeting of local Planning Authorities.
Section 1213. Temporary association of persons with State Urban and Country Planning Board the Local and Planning Authority for particular purposes.
Section 1314. Staff of the Local Planning Authority.
Section 1415. Preparation of present Land use map and register.
Section 1516. Notice of the preparation of the map and register.
Section 1617. The power of the state government/ State Urban and Country Planning Board in case of default of the Local Planning Authority to prepare the map and register.
Section 1718. Interim Development Plan.
Section 1819. Comprehensive Development Plan.
Section 1920. Development Plan prepared prior to the application of this Act to be deemed Development Plan under this Act.
Section 2021. Power of state government/ State Urban and Country Planning Board in case of default of Local Planning Authority to prepare Development Plan.
Section 2122. Consent of the State Government/ State Urban and Country Planning Board to the publication of notice of preparation of Development Plan.
Section 2223. Public notice of the preparation of the Development Plan.
Section 2324. Approval by the State Government/ State Urban and Country Planning Board.
Section 2425. Coming into operation of the Development Plan.
Section 2526. Amendment of Development Plans.
Section 2627. Suspension of Plan in emergency by State Government/ State Urban and Country Planning Board.
Section 2728. Use and Development of land to be in conformity with Development Plan.
Section 2829. Prohibition of Development without payment of Development charges and without permission.
Section 2930. Appeal against grant of permission subject of permission subject to conditions or refused or permission.
Section 3031. Lapse of permission.
Section 3132. Obligation to acquire on refusal of permission, or on grant of permission in certain cases.
Section 3233. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.
Section 3334. Power of revocation and modification of permission to develop.
Section 3435. Penalty for unauthorized development or for use otherwise than in conformity with the development plan.
Section 3536. Power to require removal of unauthorized development.
Section 3637. Power to stop unauthorized development and requisition of Police.
Section 3738. Power to require removal of authorized development of use.
Section 3839. Levy of Development Charge.
Section 3940. Rates of the development charge.
Section 4041. Assessment of development charge.
Section 4142. Appeals against assessment.
Section 4243. Development charge to be a charged on land to be recoverable as arrears of land revenues.
Section 4344. Funds of the Local Planning Authority.
Section 4445. Budget of the Local Planning Authority.
Section 4546. Accounts and Audit.
Section 4647. Annual Reports.
Section 4748. Pension and provident funds.
Section 4849. Power on entry.
Section 4950. Service of Notice etc.
Section 5051. Public notice how to be made known.
Section 5152. Notices etc. to fix reasonable time.
Section 5253. Authentication of orders and documents of the State Urban and Country Planning Board and the Local Planning Authority.
Section 5354. Mode of proof of records of the State Urban and Country Planning Board and the Local Planning Authority.
Section 5455. Restriction on the summoning of officers and servants of the State Urban and Country Planning Board and Local Planning Authority.
Section 5556. Offences by Companies.
Section 5657. Penalty for obstructing Contractor or removing mark.
Section 5758. Sanction of prosecution.
Section 5859. Compound of offences.
Section 5960. Jurisdiction of Courts.
Section 6061. Magistrates power to impose enhanced penalties.
Section 6162. Fine when realized to be paid to Local Planning Authority.
Section 6263. Members and officers to be public servants.
Section 6364. Protection of action taken in good faith.
Section 6465. Finality of orders.
Section 6566. Validation of acts and proceedings.
Section 6667. Power to delegate.
Section 6768. Control by the State Government/State Urban and Country Planning Board.
Section 6869. Returns and information.
Section 6970. Effect of the laws.
Section 7071. Power to make rules.
Section 7172. Power to make regulation.
Section 7273. Laying of rules before state legislature.
Section 7374. Dissolution of local planning authority.
Section 74
arunachal-pradesh-urban-and-country-planning-act-2007-2007.json
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74 Sections
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Arunachal Pradesh
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"id": 15036,
"slug": "arunachal-pradesh-urban-and-country-planning-act-2007-2007",
"title": "Arunachal Pradesh Urban and Country Planning Act, 2007",
"short_title": "Arunachal Pradesh Urban and Country Planning Act, 2007",
"act_number": "(Act No. 3 of 2008)",
"act_year": 2007,
"act_type": "STATE",
"location": "Arunachal Pradesh",
"law_status": "unknown",
"enactment_date": null,
"description": "Arunachal Pradesh Urban and Country Planning Act, 2007",
"preamble": "",
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{
"number": "1",
"title": "1. Short title, extent, & commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(i) \"Agriculture\" includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil; breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry, and bees; the use of land which is ancillary to the farming of land or any other agriculture purposes, but shall not include the use of any land attached to a building for the purposes of a garden to be used along with such building; and \"Agricultural\" shall be construed accordingly ;\n(ii) \"Amenities\" include roads and streets, open spaces, parks, recreational ground, play-grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences ;\n(iii) \"Area of bad lay-out or obsolete development\" means an area consisting of land which is badly laid out or of obsolete development, together with other land contiguous or adjacent thereto, which is defined by a development plan as an area of bad layout or obsolete development;\n(iv) \"Authority\" means State Urban and Country Planning Board and Local Planning Authority constituted under this Act;\n(v) \"Building Operations\" include -\n(a) erection or re-roofing of a building, or any part of it;\n(b) roofing, re-roofing of any part of a building or open space;\n(c) any material alteration or enlargement of any building;\n(d) any material charge in the use of a building, including the use of\n(e) its one part or more parts used for human habitation into\n(f) greater number of such parts;\n(e) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements, or materially affect its security;\n(f) the construction of a door opening on any street or land not belonging to the owner;\n(vi) \"Commerce\" means carrying on any trade, business or profession sale or exchange of goods of any type whatsoever, and includes the running of, with a view to make profit, hospitals, nursing homes, infirmaries, educational institutions, and also includes hotels, restaurants, houses not attached to any educational institutions, saris, and \"commercial\" shall be construed accordingly;\n(vii) \"Commercial use\" includes the use of any Sand or building or part thereof for purposes of commerce as defined or for storage of goods, or as an office, whether attached to industry or otherwise;\n(viii) \"Court\" means a principal civil court of original jurisdiction, and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;\n(ix) \"Development\" with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change, in any building or land, or in the use of any building or land and includes sub- division of any land;\n(x) \"Development Plan\" means interim development plan or comprehensive development or comprehensive development plan prepared under this Act;\n(xi) \"Engineering Operations\" include the formation of laying out of means of access to a road or the laying out of means of water supply;\n(xii) \" Industry\" includes the carrying of any manufacturing process as defined in Factories Act, 1948; and \"industrial\" shall be construed accordingly;\n(xiii) \"Industrial use\" includes the user of any land or building or part thereof for purposes of industry as defined;\n(xiv) \"Land\" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;\n(xv) \"Local Authority\" means a Municipal Council or Committee, or Town Committee Board /Authority or District Board / Authority or other authority legally entitled to, or entrusted by the Government with the control or mana intent of a municipal or local fund or which is permitted by the Government to exercise the powers of a local authority, and includes a town improvement trust; and a Local Authority is a \"Local Authority concerned\" of any land within its local limits falls in the area of a plan prepared or to be prepared under this Act;\n(xvi) \"Local Newspaper\" means any newspaper published or circulated within the local Planning area;\n(xvii) \"Planing Area\" means any area declared to be a Local Planning Area under this Act;\n(xviii) \"Planning Authorities\" means State Urban and Country Planning Board and Local Planning Authority constituted under this Act;\n(xix) \"Occupier\" includes:\n(a) a tenant;\n(b) an owner in occupation of, or otherwise using his land:\n(c) a rent-free tenant of any land:\n(d) a licensee in occupation of any land; and\n(e) any person who is liable to pay to the owner damages for the use and occupation of any land;\n(xx) \"Owner\" includes a mortgage in possession a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on account of, or on behalf or for the benefit of any other person or an agent, trustee, guardian, or receiver for any other person or for any religious or charitable institution, or who wound so receive the rent or premium or be entitled to receive the rent or premium if the land were let to a tenant; and includes the Head of a Government department. General Manager of a Railway, the Secretary or other principal officer of a Local Authority, statutory authority or company, in respect of properties under their respective control; ?\n(xxi) \"Prescribed\" means prescribed by rules or regulations made under this Act;\n(xxii) \"Public Place\" means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; and whether the entry is regulated by any charge or not;\n(xxiii) \"Relocation of population\" means in relation to an area of bad lay-out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other activities in the said area who have to be so accommodated so that the said area may be properly planned;\n(xxiv) \"Regulation\" means a regulation made under this Act by the State Urban and Country Planning Board and Local Planning Authority and includes zoning and other regulations made as a part of a Development Plan;\n(xxv) \"Residence\" includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables, and houses, if any, appertaining to such building; and residential\" shall be construed accordingly;\n(xxvi) \"Rule\" means a rule made under this Act by the State Government; and\n(xxvii) \"Slum area\" means any predominantly residential area, where the dwellings which by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary' facilities or any combination of these factors, are detrimental to safety health or morals and which is defined by a development plan as a slum area;\n(xxviii) Words and expressions not defined in this Act shall be subject to interpretation of the State Urban Development and Planning Authority.\n(xxix) 'Director' means Director of Town Planning/Chief Town Planner, appointed by the State Government.\nChapter-II\nState Urban and Country Planning Board",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. State Urban and Country Planning Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Functions and powers of the State Urban and Country Planning Board.",
"chapter": null,
"content": "(a) direct the Local Planning Authorities/ Sub-Divisional Planning Authorities as the case may be for the preparation of Development Plan;\n(b) undertake, assist and encourage the collection, maintenance, and publication of statistics, bulletins and monographs on planning and its methodology;\n(c) prepare and furnish reports relating to the working of this Act;\n(d) perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Term of Office and conditions of service of Chairman and members of State Urban and Country Planning Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Meetings of the State Urban and Country Planning Board.",
"chapter": null,
"content": "Chapter-III\nDeclaration of Local Planning Areas, their amalgamation, sub-division, inclusion of any area from Local Planning Area",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Local Planning Areas & Local Planning Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Power to withdraw Local Planning area from operation of this Act.",
"chapter": null,
"content": "(i) This Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred under this Act, shall cease to apply, to the said area ;\n(ii) The State Government shall, after consulting the Board and Local Planning Authority or Authorities concerned, frame a scheme determining what portion of the balance of the fund of the Local Planning Authority shall vest in the State Government, and the Local Authority or Authorities concerned and in what manner the properties and liabilities of the Local Planning Authorities shall be apportioned between the State Government, and the Local Authority or Authorities and on the scheme being notified the fund, property and liabilities of the Local Planning Authority shall vest and be apportioned accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Local Planning Authority.",
"chapter": null,
"content": "(i) The Local Planning Authority concerned may, if it thinks fit, overrule the decisions of Sub- Divisional Planning Authority and exercise its power and functions to discharge the duties assigned to it under this Act.\n(ii) The Local Planning Authority may, if it is of the opinion that the continued existence of Sub-Divisional Planning Authority is not necessary, may recommend dissolution of the Sub- Divisional Planning Authority to the State Urban and Country Planning Board, The State Urban and Country Planning Board shall dissolve such Sub-Divisional Planning Authority.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Term of office and conditions of service of the members of Local Planning Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Functions and powers of the Local Planning Authority.",
"chapter": null,
"content": "(a) a existing Land Use Map-\n(b) a interim Development Plan-\n(c) a comprehensive Development Plan-\n(d) to prescribe uses of land within' its area and for these purposes it may carry out or cause to be carried out surveys of its planning area and to prepare report or reports of such surveys; and to perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may by prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Meeting of local Planning Authorities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Temporary association of persons with State Urban and Country Planning Board the Local and Planning Authority for particular purposes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Staff of the Local Planning Authority.",
"chapter": null,
"content": "Chapter-IV\nPresent Land Use Map",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Preparation of present Land use map and register.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Notice of the preparation of the map and register.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. The power of the state government/ State Urban and Country Planning Board in case of default of the Local Planning Authority to prepare the map and register.",
"chapter": null,
"content": "(a) if within the period prescribed or within such period which the State Government/ State Urban and Country Planning Board has extended, no map or Register has been prepared, OR\n(b) if at any time the state Government/ State Urban and Country Planning Board is satisfied that the Local Planning Authority is not taking steps necessary to prepare such a Map and a register within that period, the State Government/ State Urban and Country Planning Board may direct the Director of Town Planning/ Chief Town Planner, to prepare the Map and the Register by itself or by engaging Professionals/ Experts in the field by hiring their services as per existing rules.\nChapter-V\nDevelopment Plans",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Interim Development Plan.",
"chapter": null,
"content": "(a) indicate broadly the manner in which the Local Planning Authority proposes that land in such area should be used.\n(b) allocate areas or zones of land for use-\n(i) for residential, commercial, industrial and agricultural purposes;\n(ii) for public and semi-public open spaces, parks and play grounds ;\n(iii) for such other purposes as the Local Planning Authority may think fit;\n(c) indicate, define and provide-\n(i) for existing and proposed national highways, arterial roads, ring roads, and major streets ;\n(ii) the existing and proposed other lines of communication, including railways, airports, canals;\n(d) include regulations (hereinafter called zoning regulations) to regulate within each zone the location, height, number of story and size of buildings and other structures, the size of yards, courts and other open spaces, and the use of buildings, structures, and land.\n(i) the existing and proposed public and semi-public buildings; and\n(ii) all or any of the purposes and matters as may be indicated, defined and provided for in the comprehensive development plan under section 19.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Comprehensive Development Plan.",
"chapter": null,
"content": "(a) indicate, define and provide for all the matters that have to be or may be indicated, defined and provided for in the Interim Development Plan with such modifications as the planning authority deems fit;\n(b) indicate, define and provide for-\n(i) areas reserve for agriculture, public and semi- public open spaces, parks playgrounds, gardens and other recreational uses, green belts and natural reserves ;\n(ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, agricultural, and other purposes ;\n(iii) complete road and street pattern and traffic circulation pattern for present and future requirements;\n(iv) major road and street improvements ;\n(v) area reserved for public buildings and institutions and for new civic development:\n(vi) areas for future development expansion, and areas for new housing ;\n(vii) amenities, services and utilities ;\n(viii) all such matters as may be prescribed by the rules or may be directed by the State Government\" State Urban and Country Planning Board to be indicated, defined, and provided for;\n(c) Include zoning regulations to regulate within each zone, the location, height, number of storey and size of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures and land ;\n(d) Indicate the stages by which the plan is proposed to be carried out.\n(a) indicate, define and provide for-\n(i) all such matters as the Local Planning Authority may consider expedient to be indicated, defined and provided for in the development plan;\n(ii) detailed development of specific areas for housing, shopping centres, Industrial area and cultural institutions.\n(iii) control of architectural features, elevation and frontage of buildings and structures\n(b) designate, as land subject to acquisition for any public purpose, and in particular, but without prejudice to the generality of this provision for the purpose of-\n(i) the Union of India, the State, Local Authorities or any other Authority established by law and public utility concent ;\n(ii) dealing satisfactorily with the area of bad layout or obsolete development and slum areas and provision for relocation of population ;\n(iii) the provision of open spaces, parks and playgrounds ;\n(iv) securing the use of the land in the manner specified in the development o'\n(v) any of the matters as are referred (sic) sub-section (2);",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Development Plan prepared prior to the application of this Act to be deemed Development Plan under this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Power of state government/ State Urban and Country Planning Board in case of default of Local Planning Authority to prepare Development Plan.",
"chapter": null,
"content": "(a) If within the period prescribed or within such period which the State Government / State Urban and Country Planning Board has extended, no development plan has been prepared, OR,\n(b) If at any time the state Government/ State Urban and Country Planning Board is satisfied that the Local Planning Authority is not taking steps necessary to prepare such a development plan with in that period, the State Government/ State Urban and Country Planning Board may direct the Director of Town Planning/ Chief Town Planner, of Town Planning, to prepare the development plan by itself or by hiring Professionals/Experts/ Consultants in the field as per rules.\nChapter-VI\nProcedure for Approval and Preparation of Development Plan.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Consent of the State Government/ State Urban and Country Planning Board to the publication of notice of preparation of Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Public notice of the preparation of the Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Approval by the State Government/ State Urban and Country Planning Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Coming into operation of the Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Amendment of Development Plans.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Suspension of Plan in emergency by State Government/ State Urban and Country Planning Board.",
"chapter": null,
"content": "Chapter-VII\nControl of Development and Use of Land",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Use and Development of land to be in conformity with Development Plan.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Prohibition of Development without payment of Development charges and without permission.",
"chapter": null,
"content": "(a) without obtaining a certificate from the Local Planning Authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and\n(b) without obtaining the permission in writing as provided for hereinafter:\n(i) for carrying out such works for the maintenance, improvement or other alteration of any building, which affect only the interior of the building or which do not materially affect the external appearance of the building.\n(ii) for the carrying out by the Central or the State Government or any Local Authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;\n(iii) for the carrying out by Central or the State Government or any Local Authority of any works for the purpose of inspection, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking/ open of any street or other land for that purpose;\n(iv) for the excavations (including wells) made in the ordinary course of agricultural operations\n(v) for the construction of un-metalled road intended to give access to land solely for agricultural purposes ;\n(vi) for normal use of land which has been used temporarily for other purposes ;\n(vii) in case of land, normally used for one purpose and occasionally used for any other purpose or for the use of land for that other purpose on occasions ;\n(viii) for use, for any purpose incidental to the use of a building for human habitation, or any other building or land attached to such building.\n(i) either make necessary modifications in the proposals for development to meet the objections raised by the State Government/ State Urban and Country Planning Board / Local Planning Authority, or\n(ii) submit the proposals for development together with the objections raised by the Local Planning Authority to the State Government/ State Urban and Country Planning Board for decision.\n(a) the Local Planning Authority may pass an order-\n(i) granting permission unconditionally ; or\n(ii) granting permission subject to such conditions as it may think fit; or\n(iii) refusing permission;\n(b) without prejudice to the generality of the foregoing clause, the Local Planning Authority may impose conditions-\n(i) to the effect that the permission granted is only for a limited period and after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued ;\n(ii) for regulating the development of use o f any other land under the control of the applicant or for the carrying out of works on any such land as may appear to Local Planning Authority expedient for the purpose of the permitted development.\n(i) the provisions of the Development Plan, if it has come into operation\n(ii) the proposals or provisions which it thinks are likely to be made in any Development Plan under preparation; or to be prepared ; and\n(iii) any other material consideration.\n(a) any Local Authority,\n(b) any officer of the State Government with previous approval of the Government for such delegation, or Appeal against grant of permission subject to conditions or refusal of Permission.\n(c) any officer of the Local Planning Authority or Local Authority as may be mentioned therein., in such cases and subject to such conditions, if any, as may be specified therein.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Appeal against grant of permission subject of permission subject to conditions or refused or permission.",
"chapter": null,
"content": "(i) granting permission unconditionally: or\n(ii) granting permission subject to such condition as it may think fit: and\n(iii) removing the conditions subject to which permission has been granted and\n(vi) imposing other conditions, if any as it may think fit.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Lapse of permission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Obligation to acquire on refusal of permission, or on grant of permission in certain cases.",
"chapter": null,
"content": "(a) that the land has become incapable of reason-able beneficial use in the existing state or\n(b) in a case where permission to develop the land was granted subject to conditions, that the land cannot be rendered capable to reason-ably beneficial use by carrying out the permitted development in accordance with these conditions, he may within three months and in the maimer prescribed by the rules, serve on the State Government a notice (hereinafter referred to as an acquisition notice) requiring the State Government to acquire his interest in the land.\n(a) (i) if satisfied that the conditions specified in clause (a) or (b) of sub-section (1), are not fulfilled, or\n(ii) if the order appealed against was passed on the ground of not complying with any provisions of this Act, rules or regulations that may be applicable, shall pass an order refusing to confirm the notice;\n(b) if satisfied that the conditions specified m clauses (a) or(b) of sub-section (1) are fulfilled regarding the land or any part of the land, shall pass an order;\n(i) confirming the notice;\n(ii) directing the Local Planning Authority to grant such permission to. develop the land or grant the permission subject to such conditions as will keep the land capable of reasonably beneficial use.",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "33",
"title": "33. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.",
"chapter": null,
"content": "(a) the re-erection of a building which has been destroyed or demolished so long as the cubic content of the original building is not exceeded by more than one-tenth:\n(b) the enlargement, improvement or other alteration of any building which was in existence on the date, a development plan relating to the area comes into operation for the first time, so long as the cubic content of the original building is not exceeded by more than one-tenth;\n(c) the carrying out, on land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or of building used for the purpose of marketing of the produce of land;\n(d) where any part of any building or other land which on the date of coming into operation for the first time of a development plan relating to the area is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on that day, or as the case may be, one-tenth of the area of the land so used on that date, the owner may, within the time and in the manner prescribed by rules under this Act claim upon the Local Planning Authority, if he has not been served an acquisition notice, or if the acquisition is not confirmed by the State Government/ State Urban and Country Planning Board under Section -30, compensation for such refusal or for grant of permission subject to conditions :\n(a) where permission is refused, the difference between the value of the land as if the permission had been granted and the value of the land in its existing state;\n(b) where permission is granted subject to conditions. The difference between the value of the land as if the permission had been granted unconditionally and the value of the land with the permission granted subject to conditions.",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "34",
"title": "34. Power of revocation and modification of permission to develop.",
"chapter": null,
"content": "(a) where the permission relates to the carrying out of building or other operations, no such order,\n(i) shall affect such of the operations as have been previously carried out;\n(ii) shall be passed after these operations have been completed;\n(b) where permission relates to a change of use of land, such order shall be passed at any time after the change has taken place.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "35",
"title": "35. Penalty for unauthorized development or for use otherwise than in conformity with the development plan.",
"chapter": null,
"content": "(a) in contravention of any development plan ;\n(b) without obtaining a certificate regarding development changes under section 29 (1) (a);\n(c) without permission as required under this Act;\n(d) in contravention of any condition subject to which permission has been granted ;\n(e) after the permission for development has been revoked under section 34 ; or\n(f) in contravention of the permission which has been modified under section 34, shall be punishable with a fine which may extend to twenty thousand rupees, and in the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which the offence continue after conviction for the first commission of the offence or imprisonment of three months or both,",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "36. Power to require removal of unauthorized development.",
"chapter": null,
"content": "(i) in case specified in clause (a), (c), or (e) thereof to restore the land to its condition before the said development took place ;\n(ii) in cases specified in clause (d) or (f) thereof to secure compliance with the conditions or with the permission as modified ;\n(iii) in case specified in clause (b) to pay the development charge and such penalty, if any, as may be prescribed by the Rules, and, in particular, any such notice may, for the purpose aforesaid require-\n(i) the demolition or alteration of any buildings or works;\n(ii) the carrying out on land, of any building or other operations ; or\n(iii) the discontinuance to any use of land ;\n(a) apply for permission under section 29, of this Act for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or\n(b) appeal to the State Government/ State Urban and Country Planning Board.\n(b) (i) the provisions of the foregoing sections 29 and 30 shall apply to such, application with such modifications as may be necessary.\n(ii) if such permission as aforesaid is granted on that application the notice shall not take effect, or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall not take effect regarding such buildings or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.\n(a) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice and;\n(b) (i) in the case of a notice requiring the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the Local Planning Authority may consider necessary including demolition or alteration of any building or works of carrying out of any building or other operations .\n(ii) The Local Planning Authority shall recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "37. Power to stop unauthorized development and requisition of Police.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "38. Power to require removal of authorized development of use.",
"chapter": null,
"content": "(a) that any use of land should be discontinued ; or\n(b) that any conditions should be imposed on the continuance thereof; or\n(c) that any buildings or works should be altered or removed the Local Planning Authority may, by notice served on the owner, -\n(i) require the discontinuance of that use; or\n(ii) impose such conditions, as may be specified in the notice on the continuance thereof; or\n(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice,\n(i) who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled to or by being disturbed in his enjoyment of the land or\n(ii) who has carried out any works in compliance with the notice claims from the Local Planning Authority, within the time and in the manner prescribed compensation in respect of that damage or of any expenses reasonably incurred Levy of development charge by him for complying with the notice the provisions of sub-sections (3) to (5) of section 33 shall apply with such modifications as may be necessary.\n(b) When a notice is served under the last foregoing sub-section the provisions of sub-sections (2) to (5) of section 32 shall apply with such modifications as may be necessary.\nChapter-VIII\nLevy, Assessment and Recovery of Development Charge.",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "39. Levy of Development Charge.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "40. Rates of the development charge.",
"chapter": null,
"content": "(1) (a) For the institution of use:\n(i) for residence...... Rs 5/-per.sq. meter.\n(ii) for industry........ Rs 50/-per.sq. meter.\n(iii) for commerce...... Rs 25/- per.sq. meter.\n(b) For change of use:\n(i) from agriculture to residence... Rs.25/- per.sq. meter,\n(ii) from agriculture to industry ... Rs.50/-per.sq meter.\n(iii) from agriculture to commerce.. . Rs.25/-per.sq. meter.\n(iv) from residence to industry ... Rs.50/- per.sq. meter.\n(v) from residence to commerce... Rs.25/- per.sq. meter.\n(vi) from industry to residence ... Rs.50/- per.sq. meter.\n(vii) from industry to commerce ... Rs.25/-per.sq. meter.\n(2) For carrying on of development by erection or re-erection of any building of works. ... Rs.5/- per cubic meter of the content of such building or works.\nNote. - The amount may be reviewed by the Government from time to time.\nNote.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41",
"title": "41. Assessment of development charge.",
"chapter": null,
"content": "(a) where permission under Chapter-VII has not been granted for carrying out the said development, the District Urban Development and State Urban and Country Planning Board may postpone the assessment of the development charge;\n(b) where the application relates to the carrying out of any development, the Local Planning Authority and State Urban and Country Planning Board may refuse to assess the development charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufficient to enable him to many out such development, or that the applicant will carry out the development within such period as the Local Planning Authority and State Urban and Country Planning Board considers appropriate;\n(c) Where the application relates to the institution or change of any use the Local Planning Authority and State Urban and Country Planning Board may refuse to assess the amount of development charge in respect thereof unless it is satisfied that the use will be instituted within such period as the Local Planning Authority considers appropriate.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "42",
"title": "42. Appeals against assessment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "43",
"title": "43. Development charge to be a charged on land to be recoverable as arrears of land revenues.",
"chapter": null,
"content": "Chapter-IX\nFinance, Accounts, and Audit",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "44",
"title": "44. Funds of the Local Planning Authority.",
"chapter": null,
"content": "(a) All moneys received by the Local Planning Authority from the State Government by way of grants, loans, advances, or otherwise;\n(b) All development charges or other charges or fees received by the Local Planning Authority under this Act or rules or regulations made thereunder;\n(c) All moneys received by the Local Planning Authority from any other source.\n(a) The expenditure incurred in the administration of this Act;\n(b) The cost of acquisition of land in the planning area for purposes of development;\n(c) The expenditure for any development of land in the planning area, and\n(d) The expenditure for such other purposes as the State Government/ State Urban and Country Planning Board may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "45",
"title": "45. Budget of the Local Planning Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "46",
"title": "46. Accounts and Audit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "47. Annual Reports.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "48",
"title": "48. Pension and provident funds.",
"chapter": null,
"content": "Chapter-X\nSupplemental and Miscellaneous Provisions",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "49",
"title": "49. Power on entry.",
"chapter": null,
"content": "(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building:\n(b) setting out boundaries and intended lines of works;\n(c) marking such levels, boundaries and lines by placing market and cutting trenches;\n(d) examining works under construction and ascertaining the course of sewers and drains ;\n(e) digging or boring into the sub-soil;\n(f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules on regulations thereunder ;\n(g) doing any other acts necessary for the efficient administration of this Act; Provided that -\n(i) in the case of any building used as a dwelling house or upon any enclosed part or garden attached to such a building no such entry shall be made (unless with the consent of the occupier thereof) without giving such occupier at least 24 hours notice in writing of the intention to enter;\n(ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building\n(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "50",
"title": "50. Service of Notice etc.",
"chapter": null,
"content": "(a) Where the document is to be served on a Government Department railway, Local Authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government department, General manager of the railway, Secretary or Principal officer of the Local Authority, Statutory Authority, Company, Corporation, Society or any other body at its Principal branch, local or registered office as the case may be and is either -\n(i) sent by registered post to such office ;or\n(ii) delivered at such office;\n(b) Where the person to be served is a partner-ship if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either -\n(i) sent by registered post, or\n(ii) delivered at the said place of business ;\n(c) In any other case if the document is addressed to the person to be served and \n(i) is given or tendered to him, or\n(ii) if such person cannot be found is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or\n(iii) is sent by registered post to that person.\n(a) if the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1) ; or\n(b) if the document so addressed ora copy thereof so addressed, is delivered to some person on the land or building.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "51",
"title": "51. Public notice how to be made known.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "52",
"title": "52. Notices etc. to fix reasonable time.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "53",
"title": "53. Authentication of orders and documents of the State Urban and Country Planning Board and the Local Planning Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "54",
"title": "54. Mode of proof of records of the State Urban and Country Planning Board and the Local Planning Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "55",
"title": "55. Restriction on the summoning of officers and servants of the State Urban and Country Planning Board and Local Planning Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "56",
"title": "56. Offences by Companies.",
"chapter": null,
"content": "(a) \"company\" means a body corporate and includes a firm or other association of individuals ; and\n(b) \"director\" in relation to a firm means a partner in the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "57",
"title": "57. Penalty for obstructing Contractor or removing mark.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "58",
"title": "58. Sanction of prosecution.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "59",
"title": "59. Compound of offences.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "60",
"title": "60. Jurisdiction of Courts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "61",
"title": "61. Magistrates power to impose enhanced penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "62",
"title": "62. Fine when realized to be paid to Local Planning Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "63",
"title": "63. Members and officers to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "64",
"title": "64. Protection of action taken in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "65",
"title": "65. Finality of orders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "66",
"title": "66. Validation of acts and proceedings.",
"chapter": null,
"content": "(a) the existence of any vacancy in, or any defect in the constitution of the State Urban and Country Planning Board or any Local Planning Authority;\n(b) any person having ceased to be a member;\n(c) any person associated with the State Urban and Country Planning Board or any Local Planning Authority under section 13 having voted in contravention of the said section; or\n(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or\n(e) any omission, defect or irregularity not affecting the merits of the case.",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "67",
"title": "67. Power to delegate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "68",
"title": "68. Control by the State Government/State Urban and Country Planning Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "69",
"title": "69. Returns and information.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "70",
"title": "70. Effect of the laws.",
"chapter": null,
"content": "(a) When permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained;\n(b) When permission for such development has not been obtained under this Act such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "71",
"title": "71. Power to make rules.",
"chapter": null,
"content": "(a) the functions and powers of the State Urban and Country Planning Board and Local Planning Authority;\n(b) the term of office and conditions of service of the Chairman and members of the State Urban and Country Planning Board and Local Planning Authority.\n(c) the qualification and disqualification for being chosen as and for being members of the State Urban and Country Planning Board or Local Planning Authority.\n(d) the time and place of holding and the procedure to be followed in meetings of the State Urban and Country Planning Board ;\n(e) the functions and powers, duties of the Town Planners/Architects/Engineers or any other professionals hired under section 13; the term of his office and conditions of his service;\n(f) the manner of nomination of representatives of Local Authorities under section 9 (3)\n(g) The manner in which and the purposes for which any State Urban and Country Planning Board /Local Planning Authorities may associate with itself any persons under section 13.\n(h) the control and restriction in relation to the appointment of officers and other employees of the State Urban and Country Planning Board and of Local Planning Authority.\n(i) the time within which the State Urban and Country Planning Board is to direct modifications in, or to give its consent for publication of notice of preparation of and approval to any development plan;\n(j) the form and content of the interim development plan and the comprehensive development plan and the procedure to be followed in connection with the preparation, submission and approval of such plans and the form and the manner of publication of the notice relating to such plan;\n(k) the periodical amendment of development plans, the period on the expiration of which such an amendment may be taken up, procedure to be followed in making such amendment;\n(l) the form in which any application for permission for development shall be made, the particulars to be furnished in such application and documents and plans which shall accompany such application;\n(m) the form of registration of application and the particulars to be contained in such register;\n(n) the manner of filing, and the fees to be paid for, and die procedure to be followed in, appeals;\n(o) the manner in which an acquisition notice is to be served and claim for compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensation;\n(p) procedure for the levy of development charges and exemption from it on any development or institution or change of any use of any land;\n(q) the manner in which application of the assessment of development charge is to be made;\n(r) the sum of money that may be kept in current account;\n(s) the form of the budget of Local Planning Authorities, the date on or before which it shall be prepared, the manner of preparing it, the number of copies that have to be sent to State Government/State Urban and Country Planning Board;\n(t) the form of the annual statement of accounts and balance sheet;\n(u) the form of the annual report of the State Ur-ban and Country Planning Board and the date on or before which it shall be submitted to the State Government;\n(v) the form of the annual report of Local Planning Authorities and date on or before which it shall be submitted to be State Government/ State Urban and Country Planning Board;\n(w) the manner and the constitution of provident funds for the whole time paid members and officers and other employees of Local Planning Authorities/State Urban and Country Planning Board;\n(x) and the conditions subject to which such funds may be constituted;\n(y) the documents of which copies may be granted, the fees for such copies;\n(z) any other matter which has to be or may be prescribed by rules.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "72",
"title": "72. Power to make regulation.",
"chapter": null,
"content": "(a) the time and place of holding and procedure to be followed in meetings of the Local Planning Authority/Local Authority, the number of members necessary to form a quorum therein;\n(b) the powers and duties of the officers and employees of the Local Planning Authority/Local Authority;\n(c) the salaries, allowances and conditions of service of its officers and employees;\n(d) The terms and conditions for the continuance of use of any land use otherwise than in conformity with a development plan or perspective plan or an annual plan;\n(e) The form of application, details of particulars, documents and plans and amount of fee to accompany the application.\n(f) The principles, building bye-laws, guidelines, planning norms and standards, regulations, conditions and restrictions in accordance with which developments may be undertaken or regulated ; and\n(g) Any other matter which has to be or may be prescribed by rules and regulations and or any matter for efficient administration of the objectives of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "73",
"title": "73. Laying of rules before state legislature.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "74",
"title": "74. Dissolution of local planning authority.",
"chapter": null,
"content": "(a) all properties, funds and dues which are vested in, or realizable by, the Local Planning Authority shall vest in, or be realizable by the State Government/ State Urban and Country Planning Board;\n(b) all liabilities which are enforceable against the Local Planning Authority shall be enforceable against the State Government/ State Urban and Country Planning Board; and\n(c) For the purpose of realizing properties, funds and dues referred to in clause (a), the functions of the planning authority shall be discharged by the State Government/ State Urban and Country Planning Board.",
"footnote": "",
"is_definition": false,
"sort_order": 73
}
],
"metadata": {
"Act ID": "Last Updated 19th February, 2020 [aru041]",
"Act Number": "(Act No. 3 of 2008)",
"Enactment Date": "",
"Act Year": "2007",
"Short Title": "Arunachal Pradesh Urban and Country Planning Act, 2007",
"Type": "STATE",
"Location": "Arunachal Pradesh"
},
"updated_at": "2026-09-29 21:55:19"
}