Section 81 in Haryana Urban Development Authority Act, 1977
81. Application for permission.
(1)Every person or body (other than any department of Government or any local [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.]) whose site is situated in any [sector/zone] [Substituted for the word 'sector' by Haryana Act No. 23 of 2004.] developed by Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] or in any Colony approved under any other Act of the State or for which permission of change of land use has been granted by the Government, desiring to obtain the permission referred to in Section 80 shall make an application in writing to the Vice- Chairman in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by bye-laws.(2)Every application under sub-section (1) shall be accompanied by such fees as may be prescribed by rules.(3)On the receipt of an application for permission under sub-section (1), the Vice-Chairman after making such enquiry as he considers necessary in relation to any matter specified in clause (d) of sub-section (2) of Section 74 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 :Provided that such a permission will not entitle the person to change the use of land unless the said permission has been granted by the State Government under sub-section (1) of Section 82 of the site allotted/transferred by the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] under Section 84 :Provided further 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 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 document or to make good any deficiency in the requisite fee with a view to bringing it in conformity with the relevant rules or regulations or bye-laws.(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 under sub-section (4) may appeal to the Chairman against that order within thirty days from the communication thereof and may after giving an opportunity of hearing to the appellant and, if necessary, also to the representative of the Vice-Chairman either dismiss the appeal or direct the Vice-Chairman to grant the permission applied for with such modifications, or subject to such conditions, if any, as may be specified.(6)The vice-Chairman shall keep in such form as may be prescribed by regulations & 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 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 he may deem proper in the circumstances of the case.
