Prevention of Ribbon Development Act, 2007 (1950 A . D.)
No: 26 Dated: Mar, 23 2007
THE PREVENTION OF RIBBON DEVELOPMENT ACT, 2007 (1950 A. D.)
Act No. XXVI of Samvat 2007)
An Act to regulate erection of buildings alongside public roads.
Preamble. - Whereas it is expedient to regulate the erection of buildings alongside public roads in the Jammu and Kashmir State for the purpose hereinafter mentioned.
Now, therefore, in exercise of the powers reserved under section 5 of the Jammu and Kashmir Constitution Act, 1996, read with proclamation issued by His Highness and published in an Extraordinary issue of the Government Gazette, dated 7th Haryana 2006, Yuvaraj Shree Karan Singh Ji Bahadur is pleased to enact as follows
1. Short title, extent and commencement. - (1) This Act may be called the Prevention of Ribbon Development Act, 2007.
(2) It shall extend to the whole of Jammu and Kashmir State excepting the areas other than roads maintained by the Central Government or the Public Works Department of the State included within limits of municipalities and town areas.
(3) It shall come into force on such date as the Government may, by notification, direct.
2. Definitions. - In this Act,-
(i) "building" means any shop, house, hut, out-house shed, stable, whether used for the purpose of human habitation or otherwise and whether of masonary, bricks, wood, mud thatch, metal or any other material whatever, and includes a wall and a well but shall not include a tent or other such portable temporary shelter;
(ii) "Chief Engineer" means the Chief Engineer, Roads and Buildings Department and includes such other officer as may be authorised by the Government to perform the functions of the Chief Engineer for the purposes of this Act.
3. Prohibition to erect building. - No Building shall be erected alongside any road maintained by the Public Works or any other Department within such distance from the centre of the road as may be specified by a general or special order of the Chief Engineer published in the Government Gazette in respect of any such road or part thereof without the sanction in writing of the Chief Engineer, x x x,
4. The power of the Chief Engineer to demolish a building erected. - (1) If any person erected any building in contravention of the provisions of section 3, the Chief Engineer may, at any time, by a notice in writing served in the manner hereinafter provided, direct such person to dismantle the building or part thereof and remove the material within such time as may be specified in that notice or to show cause within the time so specified why he should not do so, and if such person fails either to comply with the aforesaid direction or to show cause to the satisfaction of the Chief Engineer within that time, the Chief Engineer may dismantle or cause to be dismantled the building or part thereof and remove or cause to be removed the material from the site and in doing so the Chief Engineer may use such force as may be necessary.
(2) The Chief Engineer shall cause a copy of the notice to be served on the person who erects a building in contravention of the provisions of section 3 by registered post or by delivering or tendering it to such person or in case such person refuses or evades the service of notice, the Chief Engineer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of building erected by that person whereupon the notice shall be deemed to have been duly served on him.
4A. Contravention to constitute offence and penalty. - Without prejudice to the provisions of section 4, any person who contravenes the provisions of section 3 shall also be liable to prosecution and on conviction shall be punishable with a fine which may extend to Rs. 3000 and in the case of continuing contravention with a further fine which may extend to Rs. 100 for every day after the date of the first conviction during which he is proved to have persisted in the contravention.
4B. Effect of orders inconsistent with other enactment. - Any order made under section 3 or section 4 shall effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any order, rule or bye-law having effect by virtue of any enactment other than this Act.
5. Compensation. - No person shall be entitled to any compensation for any damage or loss sustained in consequence of such removal of any building.
6. Appeal. - An appeal from the order of the Chief Engineer under section 3 or under section 4 shall lie to the Minister-in-charge Public Works Department whose decision in the matter shall be final.
7. Limitation. - The appeal provided in section 6 must be preferred within 15 days from the date of the order.
8. Rule making power. - The Government may make rules for carrying out the provisions of this Act.