The Rajshahi Town Development Authority Ordinance, 1976
NO. LXXVIII OF 1976
[ 22nd October, 1976 ]
এই অধ্যাদেশ রাজশাহী উন্নয়ন কর্তৃপক্ষ আইন, ২০১৮ (২০১৮ সনের ৩ নং আইন) দ্বারা রহিত করা হইয়াছে।
PREVENTION OF HAPHAZARD CONSTRUCTION OF BUILDINGS, EXCAVATION OF TANKS, ETC.
Restriction on constructions and excavation
23. (1) Notwithstanding anything contained in any other law for the time being in force or in any agreement, no person shall, without the previous sanction of the Authority, construct any building or excavate any tank within the area to which this Ordinance extends.
(2) The Authorised Officer may, on an application made for the purpose in such manner and in such form and accompanied by such fee as may be prescribed, sanction the construction of a building or excavation of a tank subject to such conditions as the Authority may deem fit.
(3) If in the opinion of the Authorised Officer any of the conditions subject to which the sanction under sub-section (2) was granted has been contravened, he may cancel the sanction.
(4) The provisions of sub-section (1) shall not apply to a case of normal repairs to an existing building.
Removal of buildings under construction
24. (1) The Authorised Officer may, by a notice served in the prescribed manner, direct the owner of a building or tank the construction or excavation of which is in progress on the date of commencement of this Ordinance, not to proceed with the work any more and to remove such construction or fill up such excavation within the period mentioned in the notice or within such further period as may be extended by the Authorised Officer, and the owner thereof shall, on payment to him of such compensation as the Authority may think fair and reasonable, remove the same within the period aforesaid.
(2) The provisions of sub-section (1) shall not apply to normal repairs to existing buildings.
Eviction of occupier of buildings
25. (1) The Authorised Officer shall, simultaneously with the issue of a notice on the owner of a building under section 24, issue a notice upon the occupier thereof, if the occupier himself is not the owner, to vacate such building within the period mentioned therein or within such further period as may be extended by the Authorised Officer.
(2) If the occupier does not, in pursuance of a notice under sub-section (1), vacate the building within the aforesaid period, he shall, notwithstanding anything contained in any other law for the time being in force, be liable to be summarily evicted therefrom by the Authorised Officer; and the Authorised Officer may, in effecting such eviction use or cause to be used such force as may be deemed necessary.
Exemption of certain buildings and tanks
26. (1) Nothing contained in sections 23 and 24 shall apply to any building or tank owned by the Government.
(2) The Government may, on application made to it, exempt any building or tank from the operation of section 23 or section 24, subject to such conditions as it may think fit to impose.
Compensation not payable for unauthorised construction
27. Notwithstanding anything contained in any other law for the time being in force, no owner of any land or building shall be entitled to any compensation on acquisition of such land or building under any law for the time being in force, if he had contravened the provisions of section 23, section 24, section 25 or section 29, as the case may be.
Paurashava not to sanction construction without approval of the Authority
28. (1) Notwithstanding anything contained in the Municipal Administration Ordinance, 1960 (Ord. X of 1960), or in any other law for the time being in force, no sanction for construction of any building or excavation of any tank within the area to which this Ordinance extends shall be accorded by the Paurashava or by any other local authority, unless such construction or excavation has been sanctioned by the Authorised Officer under sub-section (2) of section 22.
(2) Whenever the Authorised Officer sanctions any construction or excavation, a copy of such sanction together with plans duly signed by him shall be sent to the Chairman of the Paurashava or of the local authority in whose area the site of the proposed construction or excavation is situated.
(3) Any sanction accorded in contravention of sub-section (1) shall be deemed to have been accorded without lawful authority and construction or excavation, if any, made or done on the strength of such sanction shall be deemed to be unauthorised.
(4) In the event of cancellation of a sanction under sub-section (3) of section 22, the validity of any sanction accorded by the Paurashava or by any local authority under sub-section (2) shall be deemed to have expired.
Restriction on filling up of low land
29. (1) Notwithstanding anything contained in any other law for the time being in force or in any agreement, no person shall, without the previous permission of the Authority, fill up any low land or raise any land or otherwise obstruct the natural drainage within the area to which this Ordinance extends; and such permission shall be subject to such conditions as the Authority may think fit to impose.
(2) An application for permission under sub-section (1) shall be made in such manner and in such form and shall be accompanied by such fee as may be prescribed.
(3) The permission granted under sub-section (1) shall be liable to cancellation by the Authority for breach of any of the conditions under which such sanction was granted.
Bar to jurisdiction of civil Court
30. Every order under sections 23, 24, 25 or 29, as the case may be, shall, subject to the provisions of section 31, be final and shall not be questioned in any Court.
31. An appeal against an order under section 23, 24, 25 or 29, as the case may be, shall lie to the Commissioner if preferred within thirty days from the date of the order appealed against, and an appeal against an order of the Commissioner shall lie to the Government whose decision shall be final and shall not be questioned in any civil Court.