Vidhi Codex

section 6

Applications for permission and the grant of or refusal of such permission-

The Punjab New Capital (Periphery) Control Act, 1952 As applicable to Haryana
General195218 sections
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Statutory text
  1. (1) Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the Director in such form and containing such information in respect of the building, excavation or means of access to which the application relates as may be prescribed: 2“Provided that for such uses for which limited number of permissions have been prescribed, located in such land use zones of various notified development plans, where in the opinion of the State Government, the permissions are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the State Government in this regard from time to time, such application shall be considered to be valid only if it is filed in response to a notice of the Director and fulfils the prescribed terms and conditions.”; 3“(1A) All such applications, for which limited number of permissions have been prescribed, received in response to the notice issued by the Director against policy for auction of permissions that are considered to be in order by the Director shall, in addition to the prescribed requirements, also be liable for payment of location premium, as determined through the bidding/auction process, in such manner and in such time frame as conveyed by the Director. The amount received against location premium shall be utilised for provision, maintenance and augmentation of external development works as provided in the Haryana Development and Regulation of Urban Areas Act, 1975 and shall be recovered in addition to the prescribed rates of development charges received against external development works from an applicant, if applicable.”;
  2. (2) On receipt of such application the Director, after making such enquiry as he considers necessary, shall, by order in writing, either – 2 Substituted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. 3 Inserted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. a) grant the permission, subject to such conditions, if any, as may be specified in the order; or b) refuse to grant such permission.
  3. (3) When the Director grants permission subject to conditions, or refuses to grant permission under sub - section (2), the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case and the interest of the general public.
  4. (4) The Director shall not refuse permission to the erection or re-erection of a building, if such building is required for purposes subservient to agriculture, nor shall the permission to erect or re-erect any such building be made subject to any conditions other than those which may be necessary to ensure that the building will be used solely for agricultural purposes.
  5. (5) The Director shall not refuse permission to the erection or re-erection of a building which was in existence on the date on which the notification under sub-section (1) of section 3 was made, nor shall he impose any conditions in respect of such erection or re-erection unless he is satisfied that there is a probability that the building will be used for a purpose or is designed in a manner other than that for which it was used or designed on the date on which the said declaration was made.
  6. (6) If at the expiration of a period of three months after an application under sub-section (1) has been made to the Director, no order in writing has been passed by the Director, permission shall, without prejudice to the restriction signified in the plans under section 4 be deemed to have been given without the imposition of any conditions: 4“Provided further that such time limit of three months shall not be applicable wherein limited number of permissions has been specified in notifications issued from time to time.” 6-A. Entry into land or building. – The Director may authorise any person to enter into or upon any land or building with or without assistance of workman for the purpose of making any enquiry, inspection, measurement or survey or taking levels etc. : Provided that no entry shall be made after sunset or before sunrise and without giving twenty-four hours notice to the occupier or owner of such land or building.] 5“6-B. Online receipt and approval. –
  7. (1) All functions performed under this Act may also be performed through electronics form and internet.
  8. (2) Without prejudice to the generality of sub-section (1), the functions may include all or any of the followings:-
    • (a) receipt or acknowledge of applications and payments;
    • (b) issue of approvals, orders or directions;
    • (c) scrutiny, enquiry of correspondence for grant of permissions, its extension;
    • (d) approval of plans, grant of occupation certificate etc.; 4 Inserted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. 5 Inserted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019.
    • (e) filing of documents;
    • (f) issue of notices for recoveries etc.;
    • (g) maintenance of registers and records;
    • (h) any other function that the Director may deem fit in public interest.

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