KTCP Act 65अध्याय X · Control of Use and Development of Land

धारा 65 · Application for Laml Development Permit

(1)

Any person or body intending to carry out any development on any land shall make an application in writing to the Secretary of the Municipal Corporation Municipal Council, Town Panchayat or Village Panchayat concerned for permission in such form and containing such particulars and accompanied by such documents, fee and Plans as may be prescribed.

(2)

On such application having been duly made, and on payment of the development charges as may be assessed under this Act,-

(a)

the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, within a period of thirty days, pass an order,-

(i)granting permission unconditionally; or

(ii)granting permission subject to such conditions as it may consider fit to make it in conformity with the Plans and the laws in force;

(iii)refusing permission stating the reasons thereof;

(b)

Without prejudice to the generality of the foregoing provision and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may,-

(i)to the effect that the condition granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued; and

(ii)for regulating the development or use of any other land under the control of the applicant or for carrying out of the works on any such land as may appear to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned expedient, for the purpose of the permitted development.

(3)

The Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned in dealing with the applications for permission shall have regard to the provisions of the Master Plans and Detailed Town Planning Schemes in force or the Interim Development Orders as provided under this Act.

(4)

When permission is granted subject to conditions, or is realised, the grounds of imposing such conditions or such refusal shall be recorded in the order.

(5)

Any such order shall be communicated to the applicant in the manner prescribed.

(6)

In the case of the departments of Central or State 'Government or Quasi-government Institutions intending to carry out any development other than operational constructions on any land, the concerned department or institution, as the case may be, shall intimate in writing to the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, of its intention to do so, giving lull particulars thereof and accompanied by such documents as may be prescribed by the Government from time to time, at least, thirty days prior to the undertaking of such development.

(7)

Where the Municipal Corporation, Municipal Council. Town Panchayat or Village Panchayat concerned has raised any objection pertaining to the proposals received in respect of conformity of the proposed development, either to any matter in sub-section (3) or to any of the building rules in force at the time, the departments of Central or State Government or the Quasi-government agencies, as the case may be, shall make necessary modifications in the proposals for development to clear the objections raised by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned:Provided that the Secretary of the Municipal Corporation, Municipal Council. Town Panchayat or Village Panchayat concerned shall intimate the objections, if any, within thirty days of receipt of the proposal.

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