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INTRODUCTION
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PREAMBLE
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title |
CHAPTER I : PRELIMINARY
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1 |
Short title, extent and commencement
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2 |
Definitions
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title |
CHAPTER II : STATE TOWN AND COUNTRY PLANNING ADVISORY BOARD
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3 |
State Town and Country Planning Advisory Board
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4 |
Composition of the Board
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5 |
Functions of the Board
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6 |
Term of office and conditions of service of the members of the Board
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7 |
Meeting of the Board
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8 |
Quorum
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title |
CHAPTER III : DECLARATION OF PLANNING AREAS AND CONSTITUTION OF PLANNING AUTHORITIES AND DEVELOPMENT AUTHORITIES
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9 |
Declaration of Planning Areas, their amalgamation, sub-division and inclusion of any area in Planning Area
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10 |
Power to withdraw Planning Area from the operations of this Act
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11 |
Constitution of planning Authority and Development Authority
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12 |
Term of office and terms and conditions of service of the Chairman and members of Planning Authority and Development Authority
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13 |
Powers and functions of Planning Authority and Development Authority
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14 |
Meeting of Planning Authorities and Development Authorities
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15 |
Constitution of Advisory Council
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title |
CHAPTER IV : KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY
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16 |
[Kolkata] Metropolitan Area
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17 |
[Kolkata] Metropolitan Development Authority
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18 |
Powers and functions of the [1] [Kolkata] Metropolitan Development Authority
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19 |
Composition of the [1] [Kolkata] Metropolitan Development Authority
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20 |
Meeting of the [1] [Kolkata] Metropolitan Development Authority
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21 |
Power to appoint Officers and Secretary and other staff
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22 |
Advisory Council
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23 |
Constitution of committees
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24 |
Power of the [1] [Kolkata] Metropolitan Development Authority to give directions
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25 |
Power of the [1] [Kolkata] Metropolitan Development Authority to execute any plan
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26 |
Delegation
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27 |
Amendment of the [1] [Kolkata] Improvement Act, 1911, the Howrah Improvement Act, 1956, and the [1] [Kolkata] Metropolitan Water and Sanitation Authority Act, 1966
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title |
CHAPTER V : PREPARATION OF PRESENT LAND USE MAP
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28 |
Preparation of present Land Use Map and Land Register
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29 |
Notice of the preparation of the Map and the Register
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30 |
Power of State Government in case of default of the Planning Authority or Development Authority to prepare the Map or the Register
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title |
CHAPTER VI : PREPARATION OF LAND USE AND DEVELOPMENT CONTROL PLANS AND PROCEDURE FOR THEIR STATUTORY APPROVAL
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31 |
Land Use and Development Control Plan
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32 |
Omitted
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33 |
Land Use and Development Control Plan] prepared prior to the application of this Act to be deemed [1] [Land Use and Development Control Plan] under this Act
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34 |
Power of State Government to direct preparation of [1] [Land Use and Development Control Plan]
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35 |
Approval of the State Government to the publication of notice of preparation of [1] [Land Use and Development Control Plan]
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View Judgements
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36 |
Public notice of the preparation of the [1] [Land Use and Development Control Plan]
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37 |
Approval of the State Government
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38 |
Coming into operation of the [1] [Land Use and Development Control Plan]
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39 |
References to High Court questioning the validity of the [1] [Land Use and Development Control Plan]
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View Judgements
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40 |
Amendment of [1] [Land Use and Development Control Plan]
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View Judgements
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41 |
Changes in the [1] [Land Use and Development Control Plan]
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View Judgements
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42 |
Annulment of the [1] [Land Use and Development Control Plan]
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42A |
Validation of plan prepared or adopted prior to the coming into force of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994
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View Judgements
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43 |
Power to acquire land under the Land Acquisition Act, 1894
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title |
CHAPTER VII : CONTROL OF DEVELOPMENT AND USE OF LAND
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44 |
Use and development of land to be in conformity with [1] [Land Use and Development Control Plan]
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45 |
Prohibition of development without payment of development charges and without permission
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46 |
Permission for development
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47 |
Appeal against grant of permission subject to conditions or refusal of permission
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48 |
Lapse of permission
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49 |
Obligation to acquire land on refusal of permission or on grant of permission in certain cases
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50 |
Compensation for refusal of permission or grant of permission subject to conditions in certain cases
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51 |
Power of revocation and modification of permission to develop
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View Judgements
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52 |
Penalty for unauthorised development or for use otherwise than in conformity with the Land Use and Development Control Plan
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View Judgements
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53 |
Notice regarding unauthorised development or use otherwise than in conformity with the [1] [Land Use and Development Control Plan]
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54 |
Power to stop unauthorised development
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55 |
Power to require removal of unauthorised development or use
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56 |
Interim provision pending preparation of [1] [Land Use and Development Control Plan]
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View Judgements
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title |
CHAPTER VIII : DEVELOPMENT SCHEMES
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57 |
Preparation of development schemes
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58 |
Scope of the development scheme
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59 |
Contents of the scheme
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60 |
Reconstitution of plot scheme
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61 |
Publication of the scheme
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62 |
Power of the State Government to require the Development Authority to make scheme
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63 |
Power of State Government to suspend rules, bye-laws, etc
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View Judgements
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64 |
Procedure in case of disputed claims to land
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View Judgements
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65 |
Restrictions on use and development of land after the publication of the scheme
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View Judgements
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66 |
Possession of land in advance of development scheme
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View Judgements
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67 |
Magistrate to enforce delivery of possession of land
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View Judgements
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68 |
Persons interested in land of which possession is taken entitled to interest
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View Judgements
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69 |
Consideration of objections and submission of scheme to the State Government
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View Judgements
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70 |
Public notice of the scheme
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71 |
Withdrawal of scheme by the Development Authority
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72 |
Effect of scheme
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73 |
Determination of certain matters by the Development Authority
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74 |
Appeals
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75 |
Tribunal of Appeal
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76 |
Place where Tribunal may sit
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77 |
Decision of questions of law and other questions
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78 |
Powers of Tribunal to decide matter finally
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79 |
Tribunal not to be Court
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80 |
Remuneration of Assessors and payment of incidental expenses of Tribunal
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81 |
Decision of the Development Authority to be final in certain matters
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82 |
Power of the Development Authority to evict summarily
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83 |
Power to enforce scheme
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84 |
Power to vary scheme on ground of error, irregularity or infirmity
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85 |
Power to vary development scheme
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86 |
Apportionment of cost of scheme withdrawn
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87 |
Cost of development scheme
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88 |
Calculation of increment
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89 |
Contribution towards cost of scheme
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90 |
Certain amount to be added to or deducted from contribution leviable from person
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91 |
Transfer of rights from existing to reconstituted plot or extinction of such rights
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92 |
Damage in respect of property or right injuriously affected by scheme
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93 |
Exclusion of limitation of damage in certain cases
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94 |
Provision for cases in which amount payable to owner exceeds amount due from him
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95 |
Provision for cases in which value of development plots is less than the amount payable by owner
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96 |
Payment by adjustment of account
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97 |
Payment of net amount due to Planning Authority or Development Authority
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98 |
Power of Development Authority to make agreement
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99 |
Recovery of arrears
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100 |
Disposal of surplus amount
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101 |
Execution of works in the scheme by the Development Authority
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title |
CHAPTER IX : LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE
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102 |
Levy of development charge
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103 |
Rates of development charges
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104 |
Assessment of development charge
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105 |
Appeals against assessment
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106 |
Development charge to be charged on land and to be recoverable as arrears of land revenue
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106A |
Levy of civic amenity charge
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title |
CHAPTER X : FINANCE, ACCOUNTS AND AUDIT
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107 |
Fund of the Planning Authority or Development Authority
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108 |
Fund of the [1] [Kolkata] Metropolitan Development Authority
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109 |
Grants and advances by State Government
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110 |
Budget of the Planning Authority or Development Authority
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111 |
Accounts and Audit
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112 |
Annual reports
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113 |
Constitution of provident fund
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114 |
Power of the Planning Authority, Development Authority and the [1] [Kolkata] Metropolitan Development Authority to borrow money
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title |
CHAPTER XI : SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
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115 |
Power of entry
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116 |
Service of notices
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117 |
Public notice how to be made known
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118 |
Notices, etc., to fix reasonable time
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119 |
Authentication of orders and documents of the Planning or Development Authority
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120 |
Mode of proof of records of the Planning Authority or Development Authority
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121 |
Restriction on the summoning of officers and employees of the Planning Authority or Development Authority
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122 |
Offences by companies
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123 |
Penalty for obstruction or removing mark
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124 |
Sanction of prosecution
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125 |
Composition of offences
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126 |
Right to appear by recognised agent
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127 |
Power to compel attendance of witness, etc
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128 |
Jurisdiction of courts
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129 |
Fine when realised to be paid to Planning Authority or Development Authority
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130 |
Members, officers and employees to be public servants
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131 |
Protection of action taken in good faith
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132 |
Finality of orders
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133 |
Validation of acts and proceedings
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134 |
Power to delegate
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135 |
Control by the State Government
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136 |
Returns and information
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137 |
Overriding effect
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138 |
Power to make rules
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139 |
Power to make regulations
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140 |
Laying of rules before State Legislature
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141 |
Dissolution of Planning and Development Authorities
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142 |
Repeal and Savings
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SCHEDULE I
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SCHEDULE II
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INTRODUCTION
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PREAMBLE
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title |
CHAPTER I : PRELIMINARY
|
View Judgements
|
|
|
1 |
Short title, extent and commencement
|
View Judgements
|
|
|
2 |
Definitions
|
View Judgements
|
|
|
title |
CHAPTER II : STATE TOWN AND COUNTRY PLANNING ADVISORY BOARD
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View Judgements
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3 |
State Town and Country Planning Advisory Board
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View Judgements
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4 |
Composition of the Board
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View Judgements
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5 |
Functions of the Board
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View Judgements
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6 |
Term of office and conditions of service of the members of the Board
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View Judgements
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7 |
Meeting of the Board
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View Judgements
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8 |
Quorum
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View Judgements
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title |
CHAPTER III : DECLARATION OF PLANNING AREAS AND CONSTITUTION OF PLANNING AUTHORITIES AND DEVELOPMENT AUTHORITIES
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View Judgements
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9 |
Declaration of Planning Areas, their amalgamation, sub-division and inclusion of any area in Planning Area
|
View Judgements
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|
10 |
Power to withdraw Planning Area from the operations of this Act
|
View Judgements
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|
11 |
Constitution of planning Authority and Development Authority
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View Judgements
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12 |
Term of office and terms and conditions of service of the Chairman and members of Planning Authority and Development Authority
|
View Judgements
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13 |
Powers and functions of Planning Authority and Development Authority
|
View Judgements
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14 |
Meeting of Planning Authorities and Development Authorities
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View Judgements
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15 |
Constitution of Advisory Council
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View Judgements
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title |
CHAPTER IV : KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY
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View Judgements
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16 |
[Kolkata] Metropolitan Area
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View Judgements
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17 |
[Kolkata] Metropolitan Development Authority
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View Judgements
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18 |
Powers and functions of the [1] [Kolkata] Metropolitan Development Authority
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View Judgements
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19 |
Composition of the [1] [Kolkata] Metropolitan Development Authority
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View Judgements
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20 |
Meeting of the [1] [Kolkata] Metropolitan Development Authority
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View Judgements
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21 |
Power to appoint Officers and Secretary and other staff
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View Judgements
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22 |
Advisory Council
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View Judgements
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23 |
Constitution of committees
|
View Judgements
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24 |
Power of the [1] [Kolkata] Metropolitan Development Authority to give directions
|
View Judgements
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25 |
Power of the [1] [Kolkata] Metropolitan Development Authority to execute any plan
|
View Judgements
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26 |
Delegation
|
View Judgements
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|
|
27 |
Amendment of the [1] [Kolkata] Improvement Act, 1911, the Howrah Improvement Act, 1956, and the [1] [Kolkata] Metropolitan Water and Sanitation Authority Act, 1966
|
View Judgements
|
|
|
title |
CHAPTER V : PREPARATION OF PRESENT LAND USE MAP
|
View Judgements
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|
|
28 |
Preparation of present Land Use Map and Land Register
|
View Judgements
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29 |
Notice of the preparation of the Map and the Register
|
View Judgements
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30 |
Power of State Government in case of default of the Planning Authority or Development Authority to prepare the Map or the Register
|
View Judgements
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|
|
title |
CHAPTER VI : PREPARATION OF LAND USE AND DEVELOPMENT CONTROL PLANS AND PROCEDURE FOR THEIR STATUTORY APPROVAL
|
View Judgements
|
|
|
31 |
Land Use and Development Control Plan
|
View Judgements
|
|
|
32 |
Omitted
|
View Judgements
|
|
|
33 |
Land Use and Development Control Plan] prepared prior to the application of this Act to be deemed [1] [Land Use and Development Control Plan] under this Act
|
View Judgements
|
|
|
34 |
Power of State Government to direct preparation of [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
35 |
Approval of the State Government to the publication of notice of preparation of [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
36 |
Public notice of the preparation of the [1] [Land Use and Development Control Plan]
|
View Judgements
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|
37 |
Approval of the State Government
|
View Judgements
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38 |
Coming into operation of the [1] [Land Use and Development Control Plan]
|
View Judgements
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|
|
39 |
References to High Court questioning the validity of the [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
40 |
Amendment of [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
41 |
Changes in the [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
42 |
Annulment of the [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
42A |
Validation of plan prepared or adopted prior to the coming into force of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994
|
View Judgements
|
|
|
43 |
Power to acquire land under the Land Acquisition Act, 1894
|
View Judgements
|
|
|
title |
CHAPTER VII : CONTROL OF DEVELOPMENT AND USE OF LAND
|
View Judgements
|
|
|
44 |
Use and development of land to be in conformity with [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
45 |
Prohibition of development without payment of development charges and without permission
|
View Judgements
|
|
|
46 |
Permission for development
|
View Judgements
|
|
|
47 |
Appeal against grant of permission subject to conditions or refusal of permission
|
View Judgements
|
|
|
48 |
Lapse of permission
|
View Judgements
|
|
|
49 |
Obligation to acquire land on refusal of permission or on grant of permission in certain cases
|
View Judgements
|
|
|
50 |
Compensation for refusal of permission or grant of permission subject to conditions in certain cases
|
View Judgements
|
|
|
51 |
Power of revocation and modification of permission to develop
|
View Judgements
|
|
|
52 |
Penalty for unauthorised development or for use otherwise than in conformity with the Land Use and Development Control Plan
|
View Judgements
|
|
|
53 |
Notice regarding unauthorised development or use otherwise than in conformity with the [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
54 |
Power to stop unauthorised development
|
View Judgements
|
|
|
55 |
Power to require removal of unauthorised development or use
|
View Judgements
|
|
|
56 |
Interim provision pending preparation of [1] [Land Use and Development Control Plan]
|
View Judgements
|
|
|
title |
CHAPTER VIII : DEVELOPMENT SCHEMES
|
View Judgements
|
|
|
57 |
Preparation of development schemes
|
View Judgements
|
|
|
58 |
Scope of the development scheme
|
View Judgements
|
|
|
59 |
Contents of the scheme
|
View Judgements
|
|
|
60 |
Reconstitution of plot scheme
|
View Judgements
|
|
|
61 |
Publication of the scheme
|
View Judgements
|
|
|
62 |
Power of the State Government to require the Development Authority to make scheme
|
View Judgements
|
|
|
63 |
Power of State Government to suspend rules, bye-laws, etc
|
View Judgements
|
|
|
64 |
Procedure in case of disputed claims to land
|
View Judgements
|
|
|
65 |
Restrictions on use and development of land after the publication of the scheme
|
View Judgements
|
|
|
66 |
Possession of land in advance of development scheme
|
View Judgements
|
|
|
67 |
Magistrate to enforce delivery of possession of land
|
View Judgements
|
|
|
68 |
Persons interested in land of which possession is taken entitled to interest
|
View Judgements
|
|
|
69 |
Consideration of objections and submission of scheme to the State Government
|
View Judgements
|
|
|
70 |
Public notice of the scheme
|
View Judgements
|
|
|
71 |
Withdrawal of scheme by the Development Authority
|
View Judgements
|
|
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72 |
Effect of scheme
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73 |
Determination of certain matters by the Development Authority
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74 |
Appeals
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75 |
Tribunal of Appeal
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76 |
Place where Tribunal may sit
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77 |
Decision of questions of law and other questions
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78 |
Powers of Tribunal to decide matter finally
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79 |
Tribunal not to be Court
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80 |
Remuneration of Assessors and payment of incidental expenses of Tribunal
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81 |
Decision of the Development Authority to be final in certain matters
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82 |
Power of the Development Authority to evict summarily
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83 |
Power to enforce scheme
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84 |
Power to vary scheme on ground of error, irregularity or infirmity
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85 |
Power to vary development scheme
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86 |
Apportionment of cost of scheme withdrawn
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87 |
Cost of development scheme
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88 |
Calculation of increment
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89 |
Contribution towards cost of scheme
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90 |
Certain amount to be added to or deducted from contribution leviable from person
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91 |
Transfer of rights from existing to reconstituted plot or extinction of such rights
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92 |
Damage in respect of property or right injuriously affected by scheme
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93 |
Exclusion of limitation of damage in certain cases
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94 |
Provision for cases in which amount payable to owner exceeds amount due from him
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95 |
Provision for cases in which value of development plots is less than the amount payable by owner
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96 |
Payment by adjustment of account
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97 |
Payment of net amount due to Planning Authority or Development Authority
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98 |
Power of Development Authority to make agreement
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99 |
Recovery of arrears
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100 |
Disposal of surplus amount
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101 |
Execution of works in the scheme by the Development Authority
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title |
CHAPTER IX : LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE
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102 |
Levy of development charge
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103 |
Rates of development charges
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104 |
Assessment of development charge
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105 |
Appeals against assessment
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106 |
Development charge to be charged on land and to be recoverable as arrears of land revenue
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View Judgements
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106A |
Levy of civic amenity charge
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View Judgements
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title |
CHAPTER X : FINANCE, ACCOUNTS AND AUDIT
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107 |
Fund of the Planning Authority or Development Authority
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108 |
Fund of the [1] [Kolkata] Metropolitan Development Authority
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View Judgements
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109 |
Grants and advances by State Government
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110 |
Budget of the Planning Authority or Development Authority
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111 |
Accounts and Audit
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View Judgements
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112 |
Annual reports
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113 |
Constitution of provident fund
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114 |
Power of the Planning Authority, Development Authority and the [1] [Kolkata] Metropolitan Development Authority to borrow money
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View Judgements
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title |
CHAPTER XI : SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
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115 |
Power of entry
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116 |
Service of notices
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117 |
Public notice how to be made known
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118 |
Notices, etc., to fix reasonable time
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119 |
Authentication of orders and documents of the Planning or Development Authority
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120 |
Mode of proof of records of the Planning Authority or Development Authority
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121 |
Restriction on the summoning of officers and employees of the Planning Authority or Development Authority
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122 |
Offences by companies
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123 |
Penalty for obstruction or removing mark
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124 |
Sanction of prosecution
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125 |
Composition of offences
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126 |
Right to appear by recognised agent
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127 |
Power to compel attendance of witness, etc
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128 |
Jurisdiction of courts
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129 |
Fine when realised to be paid to Planning Authority or Development Authority
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130 |
Members, officers and employees to be public servants
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131 |
Protection of action taken in good faith
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132 |
Finality of orders
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133 |
Validation of acts and proceedings
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134 |
Power to delegate
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135 |
Control by the State Government
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136 |
Returns and information
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137 |
Overriding effect
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138 |
Power to make rules
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139 |
Power to make regulations
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140 |
Laying of rules before State Legislature
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141 |
Dissolution of Planning and Development Authorities
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View Judgements
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142 |
Repeal and Savings
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View Judgements
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SCHEDULE I
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SCHEDULE II
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