State Act

the Uttarakhand Urban and Country Planning and Development Act, 1973 to the context of the State of Uttarakhand.

15. (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 [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by [bye-laws]1. (2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules. [(2-A) The [Local Development Authority or the State Authority]4 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 [Local Development Authority or the State Authority]4 shall be transferred to the local authority within whose local limits such area is situated.]2 (3) On the receipt of an application for permission under sub-section (1), the [Vice-Chairman of the concerned Local Development Authority /Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]5 after making such inquiry as it considers necessary in relation to any matter [***]6 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 [Vice-Chairman of the concerned Local Development Authority /Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 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 of documents or to make good any deficiency in the requisite fee with a view to bringing it in conformity with the relevant rules or regulations : [Provided also that before granting permission, referred to in section 14 the [Vice-Chairman of the concerned Local Development Authority /Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 may get the fees and the charges levied under sub-section (2-A) deposited.]2 (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 sub-section (4) may appeal to the [Chairman]1 against that order within thirty days from the communication thereof and may after giving an opportunity or hearing to the appellant and if necessary also to the representative of the [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]4 either dismiss the appeal or direct the [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]4 to grant the permission applied for with such modifications or subject to such conditions, if any as may be specified. (6) The [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]4 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 [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 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) If at any time after the permission has been granted under sub-section (3), the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 is satisfied that such permission was granted in consequence of any material mis-representation made or any fraudulent statement or information furnished, he 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 person or body concerned a reasonable opportunity of being heard.] 1