section 33
Provided that such permission will be given, only if proposed development can be integrated with the land use nature of the Planning Area in the manner prescribed by the Rules.
The Bihar Urban Planning and Development Act, 2012Infrastructure2012113 sections14 chapters
Chapter VI CONTROL OF DEVELOPMENT AND USE OF LAND
Statutory text
Permission for Development Permission for Development.
- (1) After notification of the Development Plan every land use, every institution of use, change in land use, every building operation and every development in the Planning Area shall conform to the Development Plan.
- (2) Any person or body(excluding a department of Central or State Government or Local Authority) intending to carry out any development on any land in conformity with the Development Plan shall make an application in writing to Planning Authority for permission in such form containing such documents and plans as may be prescribed by the Rules,
- (3) On such application having been duly made and on payment of the development charge and other fees levied under this Act or Rules or Regulations made there-under:
- (a) The Planning Authority shall pass within the time as prescribed an order:
- (i) granting permission unconditionally; or
- (ii) granting permission subject to condition as it may think fit; or
- (iii) refusing permission
- (b) Without prejudice to the generality of the foregoing clause the Planning Authority may impose conditions –
- (i) to the effect that the permission granted is only for a limited period and that after the expiry of that period the land shall be restored to the previous condition or the use of land permitted shall be discontinued.
- (ii) for regulating the development or use of any other land under the control of applicant or for the carrying out of works on any such land as may appear to the Planning Authority expedient for the purpose of permitted development.
- (a) The Planning Authority shall pass within the time as prescribed an order:
- (4) Every order of permission, refusal of permission or permission with conditions shall be recorded in writing and communicated to the applicant in the manner prescribed.
- (5) The development permission order may among other conditions contain the relevant provisions of Development Plan, requirement for road and other communication network system and the area of land affected by and to be surrendered to the Planning Authority which may be entitled and reckoned for computation of Transferable Development Right in the manner prescribed.
- (6) Notwithstanding anything contained in Sub-Section (1), in case of a department of Central or State Government or Local Authority (where Local Authority is not also the Planning Authority) intending to carry out any development other than Operational Constructions on any land the concerned department or the authority as the case may be shall notify in writing to the Planning Authority of its intention to do so giving full particulars thereof and accompanied by such documents and plans as may be prescribed by the Government from time to time, at least one month prior to the undertaking of such development. Where the Planning Authority has raised any objection in respect of the conformity of the proposed development either to Development Plan or to any of the building bye-laws in force at the time or due to any other material consideration, the department or Local Authority, as the case may be, shall –
- (a) either make necessary modifications in the proposal for development to meet the objection raised by the Planning Authority, or
- (b) submit the proposals for development together with objections raised by the Planning Authority to the Government for decision. When such proposals and objections have been submitted to the Government, no development shall be undertaken until the Government has finally decided the matter. The Government on receipt of the proposals for development together with the objections raised by the Planning Authority, shall in consultation with the Town and Country Planning Organization either approve the proposals with or without the modifications or direct the concerned departments or Local Authority as the case may be to make such modification as considered necessary.
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