Prohibition of development without payment of development charges and without permission

(1) After the Development Plan comes into force in any area and subject to the provisions relating to levy, assessment and recovery of development charges and other provisions of this Act, no development, institution or change of use, of any land shall be undertaken or carried out in that area — (a) without obtaining a certificate from the Planning Authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and (b) without obtaining the permission in writing as provided for hereinafter: Provided that no such permission shall be, necessary ---- (i) for carrying out works for the maintenance improvement or other alterations of any building being works which affect only the interior of the building, or which do not materially affect the external appearance of the building; (ii) for the carrying out by the Central Government or the Government or any local authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street; (iii) for the carrying out by the Central Government or the Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose; (iv) for the excavations (including wells) made in the ordinary course of agricultural operations; (v) for the construction of unmetalled road intended to give access to land solely for agricultural purposes; (vi) for normal use of land which has been used temporarily for other purposes; (vii) in case of land normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions. (2) (a) Any person or body (including a department of Central Government or the Government or local authority) intending to carry out any development on any land shall make an application in writing to the Planning Authority for the permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed by the rules or the regulations: Provided that in the case of a department of Central Government or the Government or local authority intending to carry out any development on any land the department or authority concerned, as the case may be, shall notify in writing to the Planning Authority of its intention to do so, giving full particulars thereof 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 any development plan under preparation, or to any of the building bye-laws in force at the time, or due to any other material consideration, under sub-section (4) the department or authority concerned, as the case may be, shall – (i) either make necessary modification in the proposals for development to meet the objections raised by the Planning Authority, or (ii) submit the proposals for development together with the objections raised by the Planning Authority to the Government for decision. (b) The Government on receipt of the proposals for development together with the objections of the Planning Authority shall, in consultation with the Senior Town Planner, either approve the proposals with or without modifications or direct the Department or authority concerned, as the case may be, to make such modifications in the proposals as they consider necessary in the circumstances. (3) (a) The Planning Authority shall, on receipt of the application refer it to the Town and Country Planning Department for advice and for assessment of the development charges as specified in this Act. (b) On receipt of the advice of the Town and Country Planning Department and on payment of the development charges as assessed by that department, the Planning Authority shall pass orders – (i) granting permission unconditionally; or (ii) granting permission subject to such conditions as it may think fit; or (iii) refusing permission. (c) Subject to the provisions of sub-section (2), this sub-section shall not apply to any case of a department of the Central Government or the Government or local authority. (d) Without prejudice to the generality of the foregoing clause, the Planning Authority may impose conditions to the effect that the permission granted is only for a limited period and after the expiry of that period, the land shall be restored to its previous conditions or the use of the land permitted shall be discontinued. (4) The Planning Authority in dealing with the applications for permission shall have regard to – (i) the provisions of the Development Plan and the building bye-laws and zoing regulations made under section 47; (ii) the proposals or provisions which it thinks are likely to be made in any Development Plan under preparation or to be prepared; and (iii) any other material consideration. (5) When permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order. (6) Any such order shall be communicated to the applicant in the manner prescribed by the regulations. (7) If the Town and Country Planning Department is of the view that any order passed by the Planning Authority is contrary to the provision of the Act or any Development Plan or the buildings bye-laws or zoning regulations made under this Act, it may submit a report to the Government containing the facts of the case. On receipt of the report, the Government may review, cancel or modify the orders of the Planning Authority.