(1) Where a person has carried out any unauthorised development on any land as indicated in subsection (1) of section 3 of the Act, or continues to use or allows the use of any land or building in contravention of the provisions of sub-section (2) of section 3 of the Act, be may apply for permission of continuance of unauthorised development on the land or continuance of use of the land or the building in contravention of the provisions of the plan, to the Managing Director or any other officer authorised by him generally or specially in this behalf, through an application on a plain paper in writing with the copy of the notice received, stating therein -
(i) the details of the unauthorised development or the contravention of the provisions of the plan;
(ii) since when the said unauthorised development or the contravention of the provisions of the plan has been continuing;
(iii) the circumstances under which such unauthorised development or contravention of the provisions of the plan was made;
(iv) the difficulties which may arise in case of removal of such unauthorised development of the contravention of the provisions of the plan;
(v) the extent of permission sought for continuance of such unauthorised development or contravention of the provisions of the plan, with justification;
(vi) the undertaking of compliance, with the terms and conditions including any payment or reimbursement, specified by the Managing Director or the authorised officer in case of full or partial permission is allowed; and
(vii) any other relevant fact or statement looking to the specific circumstances of the matter.
(2) On receipt of the application under sub-regulation (1), the Managing Director or the authorised officer may, after conducting such enquiry as he deems proper, after going into the facts on record or obtained otherwise and after hearing the person making the application-
(a) either reject the application for permission in full stating the grounds of rejection in the order, or
(b) accept the application for permission in full with such terms and conditions as specified in the order, or
(c) partly accept and partly reject the application for permission, stating the grounds of part acceptance and of part rejection in the order.
(3) Where the application for permission is rejected in full or in part, the Managing Director or the authorised officer shall also state in his order as to in which manner and by which time not exceeding thirty days the person making the application, shall remove the unauthorised development or contravention of the provisions of the plan.
(4) Where the application for permission is accepted in full or in part, the Managing Director or the authorised officer shall state in his order as to in which manner and by which time not exceeding thirty days, the terms and conditions laid down by him for such permission shall be complied with by the person making the application.
(5) Where in the case of grant of the permission for continuance of unauthorised development or contravention against the provisions of the plan, in full or in part, the person making the application fails to comply with the terms and conditions in the manner and the time, specified in the order of the Managing Director or the authorised officer, the said permission, in full or part, as the case may be, shall stand withdrawn automatically.
(6) Where the application for permission of continuance of unauthorised development or contravention of the provisions of the plan is rejected by the Managing Director or where any permission granted but stands withdrawn under sub-regulation (5), the person making the application or the person making the default shall be liable to legal action under the provisions of the Act.