section 7
Application for permission to build, etc., and the grant or refusal of such permission
The Madhya Pradesh Regulation of Uses of Land Act, 1948General194819 sections
Statutory text
- (1) Every person desiring to obtain the permission referred to in section 6 shall make an application in writing to the Sub-Divisional Officer in such form and containing such information in respect of the building, excavation or means of access to which the application relate as may be prescribed.
- (2) On receipt of such application the Sub-Divisional Officer shall at once furnish the applicant with a written acknowledgement of its receipt and after making such enquiry as he considers necessary shall 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 the Sub-Divisional Officer shall not grant such permission without obtaining the previous concurrence of the [Chief Town planner]1 unless the [Chief Town Planner]1 fails to communicate his decision in the matter to the Sub-Divisional Officer within two months from the date of reference to him by the Sub-Divisional Officer.
- (3) When the Sub-Divisional Officer grants permission subject to conditions under clause
- (a) of sub-section
- (2) or refuses to grant permission under clause
- (b) of that sub-section, the condition imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case.
- (4) The Sub-Divisional Officer shall not refuse permission to the erection or re-erection of a building not being a dwelling house 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 the purposes specified in the application for permission.
- (5) The Sub-Divisional Officer shall not refuse permission to the erection or re-erection of a building which was in existence on the date on which the declaration under sub section
- (1) of section 3 was made nor shall he impose any condition in respect of such erection or re-erection unless it involves the addition of one or more storeys to the building or the extension of the plinth area of the building by more than one-eighth of the original plinth area, or there is a probability that the building will be used for a purpose other than that for which it was used on the date on which the said declaration was made.
- (6) If at the expiration of a period of three months after an application under sub-section
- (1) has been made to the Sub-Divisional Officer, no order in writing has been passed by the Sub-Divisional Officer, permission shall be deemed to have been given without the imposition of any conditions.
- (7) The Sub-Divisional Officer shall maintain a register in a prescribed form of all permissions given by him under this section and the register shall be available for inspection without charge by all persons interested and such person shall be entitled to take extracts therefrom.
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