Any person, not being the Central Government or a State

Government, intending to carry out any development in any building or in or over any land within the limits of a development area on or after the date referred to in section 26, shall, except where such development is for any of the purposes specified in the proviso to that section, make an application in writing to the appropriate authority for permission for such development in such form and containing such particulars and accompanied by such documents as may be prescribed,

1[and by such scrutiny fees as may be prescribed by regulations].

Permission for retention or continuance of use of any building or work or any use of land. 28. (1) Any person not being the Central Government or a State Government, intending to retain any use of building or work constructed or carried out on any land, or to continue any use of land made, before the date on which a final development plan in respect of any development area in which such building or land is situated comes into force, which use is not in conformity with the provisions of the regulations or the final development plan shall make an application in writing to the appropriate authority for permission to retain or continue such use, containing such particulars and accompanied by such documents, as may be prescribed,

2[and by such scrutiny fees as may be prescribed by regulations], within six months from the date on which the final development plan in respect of such development area comes into force.

1. (2) On and after the date on which the said period of six months expires, no person shall retain or continue any such use of building or work or land, without such permission having been obtained or contrary to the terms thereof : Provided that where such person has applied under sub-section (1) within the period of six months and no order under section 29 has been made within that period, he shall retain or continue such use until the date of such order. Grant or refusal of permission. 29. (1) On receipt of an application under section 27 or section 28, the appropriate authority shall furnish the applicant with a written acknowledgment of its receipt and after satisfying itself that the development charge 3[and scrutiny fees,] if any, payable by the applicant has been paid and after making such inquiry as it thinks fit may, subject to the provisions of this Act, by order in writing-
   • (i) grant the permission with or without any condition; or
   • (ii) grant the permission, subject to any general or special orders made by the State Government in this behalf; or
   • (iii) refuse to grant the permission. 1. These words were and were deemed always to have been added by Guj. 3 of 1995, s. 6.

2. These words were and were deemed always to have been inserted, ibid., s. 7.

3. These words were inserted , ibid., s. 8.

1. (2) Any permission under sub-section (1) shall be granted in the prescribed form and every order granting permission subject to conditions or refusing permission shall state the grounds for imposing such conditions or for such refusal.
2. (3) Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.
3. (4) If the appropriate authority fails to communicate its order to the applicant within three months from the date of receipt of the application, such permission shall be deemed to have been granted to the applicant on the expiry of the said period of three months.
4. (5) If any person carries on any development work or retains the use of any building or work or continues the use of land in contravention of the provisions of section 27 or section 28 or of any permission granted under sub-section (1) of this section, the appropriate authority may direct such person, by notice in writing, to stop further progress of such work or to discontinue any use and may, after making an inquiry in the prescribed manner, remove or pull down any building or work carried out and restore the land to its original condition or, as the case may be, take any measures to stop such use.
5. (6) Any expenses incurred by the appropriate authority under sub- section (5) shall be a sum due to the appropriate authority under this Act from the person in default.