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State of Uttar Pradesh - Section

Section 13 in New Okhla Industrial Development Area Building Regulations, 2010

13. Sanction or refusal of building permit.

(1)After filing of the application for building permit duly certified by the Technical Person as per Appendix 4, the applicant can commence the construction in accordance with the requirements of Zoning Regulations of Development Plan/Master Plan, these Regulations or Planning, Development Directions and terms of lease deed. In case any objections are found during scrutiny of the plans, the same shall be got rectified by the applicant and if any violations are found during or after the construction, the owner shall be required to rectify the same to the satisfaction of the Authority within a period of 30 days from the date such violations are intimated to the owner. In case the owner fails to comply, the Authority shall ensure compliance and the expenditure incurred on doing so shall be recovered from the owner before issue of occupancy certificate.
(2)If within sixty days of the receipt of the application, refusal or sanction is not granted, the application with its annexures shall be deemed to have been allowed and the permit sanctioned, provided such fact is immediately brought to the notice of the Chief Executive Officer in writing by the applicant within twenty days after the expiry of the period of sixty days but nothing herein shall be construed to authorize any person to do anything in contravention of the Master Plan, lease conditions, these Regulations and Planning and Development Directions issued under Section 8 of the Uttar Pradesh Industrial Area Development Act, 1976.
(3)In case of refusal:-
(a)the Authorised Officer shall give reasons and quote the relevant provision of the regulations which the plan contravenes, as far as possible in the first instance itself and ensure that no new objections are raised when they are resubmitted after compliance of earlier objections.
(b)The Authority shall demolish the unauthorised construction at the expense and cost of the owner/lessee/sub-lessee. In case the owner/lessee/sub-lessee fails to pay the above said cost, the same may be recovered from him as arrear of land revenue.
(4)Once the plans have been scrutinised and objections, if any, have been pointed out, the applicant shall modify the plans to comply with the objections raised and re-submit them. If the objections remain unremoved for a period of sixty days, the permit shall be refused and the plan shall stand rejected and fee submitted shall be forfeited..
(5)When Allottee submits the application for seeking the occupancy certificate without actually completing the building, inspection shall be done within 30days. If during the inspection for issue of completion certificate any building is found incomplete the allottee will be penalised 50% of occupancy charges or Rs. 5000/- which ever is more and his/her/their application for occupancy shall be rejected. On such rejection of application the allottee will be required to apply afresh along with penalty charges and time extension charges if required. The action against all the concerned Technical person who has prepared the plan will be taken in following steps
(i)First time - Warning to concerned Technical person
(ii)Second time - black listed in Authority for one year.
(iii)Third time - refer to Council of Architecture/ITPI/MIC for cancellation of Registration.