(1) The Competent Authority shall scrutinise the application for different types of violated or unauthorised development, in the following sequences, namely:-
(a) Land use violation;
(b) Unauthorised sub division of plot or layout (converted and non converted); and
(c) Unauthorised development of building.
Provided that if land use violation is not eligible to be regularised as per these rules, the development under clause (b) and (c) for that property shall not be scrutinised or regularised.
Similarly if the development under clause (b) is not eligible to be regularised as per these rules, the development under clause (c) for that property shall not be scrutinised or regularised.
(2) Application related to land use violation and unauthorised sub division of land (within municipal limits) only, shall be forwarded to the concerned Urban Development Authority or Planning Authority for clearance. The Urban Development Authority or Planning Authority after collecting statutory fee as prescribed in the Act from the applicant in addition to the fee prescribed under these rules, shall forward the opinion or clearance to the Competent Authority. The Competent Authority after receiving the clearance from Urban Development Authority or Planning Authority shall process and dispose off the buildings violations accordingly.
(3) Application related to regularisation of unauthorised developments beyond municipal limits and within the Urban Development Authority or Planning Authority limits shall be processed in accordance with these rules and the Competent Authority shall take necessary steps to process and dispose them either in consultation with Local Authority or otherwise.
(4) The Competent Authority shall give an opportunity to the applicant of being heard and to produce documents, if any, in support of his claims, in the event of any discrepancy between the claims made by the applicant and the scrutiny report. The Competent Authority shall on completion of the enquiry, pass a provisional order in Form-II.
(5) After scrutinising the application, the Competent Authority shall prepare a scrutiny report in the prescribed forms for different types of unauthorised developments made (including fees payable if such developments are eligible for regularisation).
(6) The Competent Authority shall intimate the applicant for payment of shortfall in regularisation fees (for different types of unauthorised developments) and other fees or charges, if any within such time limit, but not later than ninety days, as may be specified therein, or reject the application as the case may be.
(7) Interest shall be levied on the shortfall of regularisation fees and other fees or charges paid. Interest shall be calculated from the last date eligible for filling application up to the date of payment.
(8) The applicant after remitting the amount as per the provisional order made under subrule (4) shall inform the competent Authority regarding the remittance or compliance.
(9) If the application for regularisation is rejected, the Competent Authority shall, pass an order in form IV for rejecting the application for regularisation stating the reason for rejection.
(10) In case, the application for regularisation is rejected, the fees remitted by the applicant, if any, on his self assessment shall be refunded (excluding scrutiny fee) to the applicant without interest within sixty days.
(11) On remittance of the shortfall in regularisation fees by the applicant, along with interest, if applicable, the Competent Authority shall issue Regularisation Certificate in Form- III for the different types of unauthorised developments.
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