(1) Every person or body including a department of the Government desiring to obtain the permission referred to in section 13 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be determined by regulations.
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed 30[and a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate if the extent of the land exceeds the ceiling limit or an affidavit declaring that the total extent of land held by such holder, his or her spouse and unmarried minor children does not exceed the ceiling limit:]
30. Inserted by Act No.7 of 1992.
Application for permission.
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Provided that no such fee shall be necessary in the case of an application made by a department of the Government, or any local authority.
(3) On receipt of an application for permission under sub-section (1), the Authority, after making such enquiry as it considers necessary, in relation to any matter specified in clause (d) of sub-section (2) of section 7, 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.
(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner determined by regulations.
(5) If, within ninety days after the receipt of any application made under this section for permission, or of any information or further information required under rules or regulations, the Authority has neither granted nor refused its permission, such permission shall be deemed to have been granted; and the applicant may proceed to carry out the development but not so as to contravene any of the provisions of this Act or any rules or regulations made under this Act.
(6) The Authority shall keep a register of applications for permission under this section in such form as may be determined by regulations.
(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 determined by regulations and shall be available for inspection by any member of the public during specified hours on payment of such fee, not exceeding rupees five, as may be determined by regulations.
[Act No.1 of 1975] 23
(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.
15. After the coming into operation of any of the plans in a zone, no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan:
Provided that it shall be lawful to continue to use upon such terms and conditions as may be determined by regulations made in this behalf, any land or building for the purpose for which, and to the extent to which, it is being used on the date on which such plan comes into force.
16. Nothing in this Act shall apply to—
(a) the carrying out of works for the maintenance, improvement or other alteration of any building being works which affect only the interior of the building for which do not materially affect the external appearance of the building;
(b) the carrying out by any local authority or by any department of the Government, of any works for the purposes 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;
(c) the excavations (including wells) made in the ordinary course of agricultural operations; and
(d) the construction of unmetalled road intended to give access to land solely for agricultural purposes.
User of the land and buildings in contravention of plans.
Act not to apply for certain development works.
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