(1) Every person or body (other than any department of Government or any local authority) desiring to obtain the permission referred to in section 14 shall make an application in writing to the 1[Vice-Chairman] in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by 2[by laws].
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules.
3[(2-A) The Authority shall be entitled to levy development fees, mutation charges, stacking fees and water fees in such manner and at such rates as may be prescribed :
Provided that the amount of stacking fees levied in respect of an area which is not being developed or has not been developed, by the Authority, shall be transferred to the local authority within whose local limits such area is situated.]
4[(2-B) Where in any development area, the State Government declares its intention to undertake one or more special amenity projects, the Authority shall be entitled to levy special amenity fee in such manner and at such rate as State Government may, by notification in the Gazette specify :
Provided that the additional amount levied and collected as a result of levy of special amenity fee shall be credited to the Special Amenities Development Fund as established under section 20-A of this Act and it shall be utilized solely for the purpose of one or more special amenity projects in such manner as may be notified by the State Government from time to time.]
(3) On the receipt of an application for permission under sub-section (1), the 1[Vice-Chairman] after making such inquiry as it considers necessary in relation to any matter specified in clause (d) of sub-section (2) of section 9 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be, specified in the order or refuse to grant such permission:
Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused:
Provided further that the 5[Vice-Chairman] may before passing any order on such application give an opportunity to the applicant to make any correction therein or to supply any further particulars or documents or to make good any deficiency in the requisite fee with a view to bringing it into conformity with the relevant rules or regulations:
6[Provided also that before granting permission, referred to in section 14 the Vice-Chairman may get the fees and the charges levied under sub-section (2-A) deposited.]
(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant.
(5) Any person aggrieved by an order under sub-section (4) may appeal to the 7[Chairman] against that order within thirty days from the communication thereof and the 7[Chairman] may after giving an opportunity of hearing to the appellant and, if necessary, also to the representative of the 5[Vice-Chairman], either dismiss the appeal or direct the 5[Vice-Chairman] to grant the permission applied for with such modifications, or subject to such conditions, if any, as may be specified.
(6) The 8[Vice-Chairman] shall keep in such form as may be prescribed by regulations a register of applications for permission under this section.
(7) The said register shall contain such particulars, including information as to the manner in which applications for permission have been dealt with, as may be prescribed by regulations, and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations.
(8) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the 5[Vice-Chairman] may, on an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (4) direct refund of such portion of the fee as it may deem proper in the circumstances of the case.
9[(9) If at any time after the permission has been granted under sub-section (3), the Vice-Chairman is satisfied that such permission was granted in consequence of any material mis-representation made or any fraudulent statement or information furnished, be may cancel such permission for reasons to be recorded in writing and any work done thereunder shall be deemed to have been done without such permission :
Provided that a permission shall not be cancelled without affording to the persons or body concerned a reasonable opportunity of being heard.]
Footnotes in the official text
- 1.Subs. by sec. 7(a) of U. P. Act No. 13 of 1975.
- 2.Subs. by sec. 7 (b) of U. P. Act No. 13 of 1975.
- 3.Ins. by sec. 3(a) of U.P. Act No. 3 of 1997.
- 4.Ins. by sec. 5 of U. P. Act No. 12 of 2023.
- 5.Subs. by sec. 7(a) of U. P. Act No. 13 of 1975.
- 6.Subs. by sec. 3(b) of U. P. Act No. 03 of 1997.
- 7.Subs. by sec. 7 (c) of U. P. Act No. 13 of 1975.
- 8.Subs. by sec. 7(b) of U. P. Act No. 13 of 1975.
- 9.Ins. by sec. 3(c) of U. P. Act No. 03 of 1997.