73rd Constitutional Amendment Act 1992 and the 74th Constitutional Amendment Act 1993


Under The 73rd Constitutional Amendment Act 1992,[1] local authorities are granted extensive authority over development projects, including the right to impose CSR and other mitigation measures in permits.  Protections are given to local municipalities, scheduled castes, etc.  Local “gram” and “sabhas” are constituted to make local land use plans and to oversee the issuance of permits.

Failure to obtain permission from the local Panchayat or Municipal Bodies can result in action being taken under the State Acts to stop or to demolish any construction. There are also the general criminal penalties for fraud and forgery under the Indian Penal Code.

[1] India Const. art. 243, amended by The Constitution (Seventy-Third Amendment) Act 1992, available at http://indiacode.nic.oiweb/amend/amend73.htm.