If any structure or building is proposed to be erected or constructed on any land recorded otherwise than as homestead land, theGram Panchayat shall withhold permission for such erection or construction until the applicant produces an order allowing change of classification of the said land by the Collector or any other competent authority having jurisdiction under any law for the time being in force.
27. Manner of processing of an application.----(1) On presentation of an application under sub-rule (I) of rule 17,' the Pradhan or the Upa-Pradhan or any other member authorised by the Gram Panchayat in this behalf, shall examine JO THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 23, 2004 [PAr I the right, title and interest of the applicant in respect of the land on which the structure or the building is proposed to be erected along with the building plan and the site plan, and, after such enquiry as may be considered necessary, shall within a period of thirty days from the date of receipt of the application, place it before the GramPanchayat for granting or. as the case may be, refusing permission for the erection or construction applied for.
(2) A GramPanchayat shall, when granting permission under sub-rule (I) specify a reasonable period within which the structure or the building is to be completed and if the erection or construction is not completed within the period so specified, it shall not be continued thereafter without allowing an extension of such period. The Gram Panchayat may. if it considers necessary, in view of the changed circumstances, require a modification of the building plan for reasons to be recorded in writing in case of delay in completion of the work.
(3) When a Gram Panchayat refuses permission under sub-rule (I), (iJ the applicant shall be given an opportunity of being heard;
(ii) the grounds for refusal shall be recorded in writing and communicated to the applicant;
(iii) the applicant may be allowed to submit modified proposal. removing the grounds for refusal in a fresh application form or in a plain paper, as may be appropriate, with two copies of the modified building plan and other records as may be relevant, within a period of one year from the date of communication of such refusal; such proposal shall not be taken as a new proposal and the applicant shall not be required to deposit any fee as referred to in rule 34.
(4) As soon as may be, after theGramPanchayat grants or refuses permission under sub-rule (l), the Pradhan or the Upa-Pradhan or the person authorised in this behalf shall communicate in writing to the applicant of the permission granted for the construction sought for or the refusal in this behalf, as the case may be. In case of permission, one approved copy of the building plan and of the site plan shall be returned to the applicant, and the date within which the erection or construction is to be completed, shall be communicated. The applicant shall be informed of the grounds of refusal and further actions that may be taken by him in this regard.
(5) Subject to the provisions of rule 28 and rule 29, communication to the applicant under sub-rule (2) shall be made by the Gram Panchayart within a period of sixty days from the date of receipt of the application under sub-rule (I) of rule 17.