Section 21 — Prohibition of construction within control zone

(1) No person shall, on any land situated within the control zone,- (i) construct, form or layout any means of access to or from a highway; (ii) erect any building; (iii) materially alter any existing building by increasing its height, length or width, as the case may be; (iv) make or extend any excavation; or (v) construct or layout any work, save and except in accordance with a general or special permission granted under this Act. (2) Any person who proposes to construct any building or other work within the control zone shall make an application in writing to the State Government or an officer authorised by the State Government in this behalf, in such form and containing such information as may be prescribed in respect of the building, alteration, excavation, works or means of access, as the case may be, to which the application relates. (3) On receipt of an application under sub-section (2), the State Government or the officer authorised by the State Government in that behalf shall, after making such enquiry as it may consider necessary, by order in writing, either - (a) grant the permission subject to such conditions, if any, as may be specified in the order; or (b) refuse to grant such permission: Provided that - (i) the permission required under sub-section (3) for carrying out any excavation, construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus shall not be withheld, but may be granted subject to such conditions as may be necessary for securing that such sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, development or maintenance of a road there over will not be prevented or prejudicially affected thereby; (ii) the permission under sub-section (3) for erection, re-erection or alteration of a building or the making or extending of any excavation which conform to the requirements of safety and convenience of traffic on the adjoining road shall be neither with held nor made subject to any unreasonable conditions; (iii) no permission shall be required for the following works, namely:- (a) agriculture; (b) horticulture; (c) pisciculture; (d) pasture; (e) poultry farming; (f) dairy farming; or (g) construction of wells, tube wells and bore wells. (4) When permission is refused under sub-section (3), the reasons there of shall be recorded and communicated to the applicant: Provided that nothing therein contained shall debar a person from making a fresh application after omitting therefrom the objectionable features on account of which such permission was refused. (5) Upon receipt of an application made under sub-section (2), the State Government or the officer authorised by the State Government in this behalf shall dispose of the same within a period of three months. (6) The State Government or an officer authorised by the State Government in this behalf shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and such register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts therefrom.