Section 16 in The Orissa Development Authorities Act, 1982
16. Application for permission.
(1)Every person including a department of the Central Government or a State Government or a local authority or a body corporate constituted under any law intending to-(a)subdivide his land for utilising, selling, leasing out or otherwise disposing it of; or(b)institute or change the use of any land or building or under take or carry out any development in any building ; or in or over any land, except where such development is for any of the purposes specified in the proviso of Sub-section (1) of Section 15;shall make an application in writing to the Authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed by regulations.(2)Every application under Sub-section (1) shall be accompanied by such fee as may be prescribed by rules.(3)On receipt of any application for permission under Sub-section (1), the Authority shall furnish the applicant with a written acknowledgement of its receipt and after making such enquiry as it considers necessary in relation to any matter specified in the development plan in operation or in relation to the regulations pertaining for planning and building standards or in relation to any other matter as may be prescribed under regulations, shall by order in writing, either grant the permission, subject to such condition, if any, as may be specified in the order or refuse to grant such permission:Provided that where the provisions of Chapter IX have been brought into force in any area under the jurisdiction of the authority and the application for permission under Sub-section (1) relates to such area, the Authority shall not grant permission unless development charges, if any, have been paid in respect of the land or building to which the permission relates :Provided further that before making any order refusing permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.(4)Every order granting permission subject to conditions or refusing permission, shall state the grounds for imposing such restrictions or for such refusal, as the case may be.(5)Every permission granted under Sub-section (3) with or without condition shall be in such form, as may be prescribed by regulations.(6)Every order under Sub-section (3) shall be communicated to the applicant in such manner, as may be prescribed by regulations.(7)If the Authority does not communicate its decision either granting or refusing permission to the applicant within two months from the date of receipt of the application by the Authority, the applicant shall in the form prescribed by regulations draw the attention of the Vice-Chairman of the Authority with regard to his application, by registered post.(8)If, within a further period of one month from the date of receipt of the application drawing such attention, as mentioned in Sub-section (7), the Authority does not communicate its decision, either granting or refusing permission such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of the three months' period :Provided that in computing the period of two months under Sub-section (7) and further one month under Sub-section (8) the period in between the date of requisitioning any further information or documents from the applicant and the date of receipt of such information or document from the applicant shall be excluded.(9)The order passed under Sub-section (3) shall, subject to the order passed in appeal, if any, be final.(10)Where permission is refused under Sub-section (3), the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application but the Authority may, on an application for refund being made within three months from communication of the grounds of the refusal, direct refund of such portion of the fee as it may deem proper in the circumstances of the case.(11)The Authority shall keep in such form as may be prescribed by regulations a register of applications for permission made under this section.(12)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 to the public at all reasonable hours on payment of such fees, as may be prescribed by rules.
