(1) No
person shall use or permit the use of any land situated in any
municipal area, for the purpose other than that for which such land
was originally allotted or sold to any person by the State
Government, any Municipality, any other local authority or any
other body or authority in accordance with any law for the time
being in force or, otherwise than as specified under a Master Plan,
wherever it is in operation.
(2) In the case of any land not allotted or sold as aforesaid
and not covered under sub-section (1), no person shall use or
permit the use of any such land situated in a municipal area for the
purpose other than that for which such land was being used on or
before the commencement of this Act.
(3) Notwithstanding anything contained in sub-section
(1) or sub-section (2), the State Government or any authority
authorized by it by notification in the Official Gazette, may
allow the owner or holder of any such land to have change of
use thereof, if it is satisfied so to do in public interest, on
payment of conversion charges at such rates and after inviting
and hearing objections from the neighbourhood in such manner as may be prescribed with respect to the following changes in
use, namely: -
(i) from residential to commercial or any other
purpose; or
(ii) from commercial to any other purpose; or
(iii) from industrial to commercial or any other purpose; or
(iv) from cinema to, commercial or any other purpose;
or
(v) from hotel to commercial or any other purpose; or
(vi) from tourism to commercial or any other purpose; or
(vii) from institutional to commercial or any other
purpose:
Provided that rates of conversion charges may be different
for different areas and for different purposes.
(4) Where the State Government or any authority
authorized by it under sub-section (3), is satisfied that a person
who ought to have applied for permission or regularization under
this section, has not applied and that such permission can be
granted or the use of land can be regularized, it may proceed to
determine the conversion charges after due notice and hearing the
party or parties and the charges as may be prescribed, shall become
due to the Municipality and be recoverable under sub-section (6).
The Municipality may hold camps for expediting this work and
take the assistance of any agency as well:
Provided that regularization of land use change shall not be
permitted in cases where the original land use was for a public
purpose such as education, medical or any charitable purpose and
the allotment was made at any concessional rate unless the
difference in the original rate of allotment and the prevailing is paid and specific consent of the authority which made the original
allotment has been obtained.
(5) The conversion charges so realized shall be credited to
the fund of the Municipality.
(6) Charges under this section shall be the first charge on
the interest of the person liable to pay such charges with respect to
the land, the use of which has been changed, and shall be
recoverable as arrears of land revenue
advertisement
Section 182