Section 5 in The U.P. (Regulation of Building Operations) Regulations, 1960
5. Principles under which applications for permission under the Act are to be granted. -
(1)The Prescribed Authority while granting or refusing permission for development and construction within the regulated areas shall, as far as may be, be guided by the following Principles:Where an application is made by an individual owner of land for construction of a building on a plot of land not included within a colony-(i)in areas which have been surveyed and of which a layout accepted by the Prescribed Authority has been prepared and/or where in the opinion of the Controlling Authority there is otherwise, no objection to the grant of permission, for erecting a building may be granted subject to the condition-(a)that it shall follow the architectural standard, if any, fixed for the purpose;(b)that the building plans are passed as required by the appropriate local authority having jurisdiction over that land under its building bye-laws; and(c)that the building to be constructed shall be used for the specific purpose for which the permission is granted;(ii)[ (a) when an application as aforesaid is for construction of a building on a plot of land included within a colony no permission shall be granted, to erect a building unless the colonizer has executed an agreement referred to in clause (i) of sub-regulation (2) for the internal development of the land and also for the external development in connection therewith: [Substituted by Notification No. 2671(1)/37-3-78/GZB-61, dated 21.07.1972.]Provided that in cases where the colonizer has not executed the agreement, permission to erect buildings within the colony may be granted to individual owners of plots on the condition that they deposit with the Controlling Authority such amount as may be specified by the Controlling Authority to cover the proportionate cost of internal development of the land within the colony and proportionate costs of external development in connection therewith;](b)Permission for erecting buildings in areas which have not been surveyed and for which lay-out plans have not been prepared, shall not ordinary be granted unless the area is a compact area and if is' possible in the opinion of the Prescribed Authority to accommodate it in the lay-out plan of the locality if and when it is prepared. In all such cases the decision of the Prescribed Authority shall be final.(c)An application for permission to erect a building on an area which does not conform to the layout or where the site is earmarked for roads, parks or other public utility services or any area which is in the opinion of the prescribed Authority not capable of fitting in the general lay-out of the locality, shall be rejected.(d)An application from any individual for the use of land other than for the erection of a building shall state the specific purpose for which the land will be used and will be sanctioned or rejected by the Prescribed Authority in its discretion.(2)An application for permission to develop an area of land as a colony may be granted subject, as may be, to the following conditions -(i)[ he enters into an agreement with the local body concerned for such internal development of the land and external development in connection therewith to the satisfaction of the Prescribed Authority as the Controlling Authority may require.] [Substituted by Notification No. 2671(1)/37-3-78/GZB-61, dated 21.07.1972.]Explanation. I. - The internal development of the land includes-(a)levelling of land,(b)roads,(c)stream water drains,(d)street lighting,(e)water supply,(f)provision of open spaces for parks, playgrounds and the like,(g)sewerage;(h)earmarking and leaving out open site for schools, dispensaries, community centres and other public utility services.Explanation II. - The external development means the works, within or beyond the limits of the colony, required to be done for the satisfactory completion and functioning of any of the items of internal development of the colony.(ii)[ if so required by the Controlling Authority he deposits a sum specified by the local body as a guarantee for the carrying out of development in accordance with the standard laid down by the Controlling Authority, provided that this sum may be refunded either in a lump sum or by installment as and when the Controlling Authority is satisfied that the various items of internal development and external development have been carried out,] [Substituted by Notification No. 2671(1)/37-3-78/GZB-61, dated 21.7.1972.](iii)he undertakes to transfer to the State Government free of cost the total land in the colony under roads, public parks and other public utility services including the land set apart for schools, hospitals and similar public institutions provided that, in the case of land set apart for schools, hospitals, community centres and other public utility services, the Controlling Authority may require the colonizer to transfer such land to a person or institution including local body, on such terms and condition as the Controlling Authority may lay down,(iv)he undertakes to be responsible for the maintenance of services including sanitation of the colony until such time as the Prescribed Authority or the local body take over such services.Explanation. - Normally the period, for which the colonizer may be required to be responsible for the maintenance of the services, will not exceed twelve months after the issue of the completion certificate by the Prescribed Authority.(v)[* * *] [Deleted by Notification No. 2671 (1)/37-3-78/GZB-61, dated 21.7.1972.](vi)he ensures that the deed of sale or lease entered into by him with the purchaser of plot of land in the colony shall include amongst its term such term or terms as the Controlling Authority may lay down.(3)An application referred to in Regulation 4(1) of the Regulation shall be rejected if the proposed layout is considered suitable or if the area proposed to be developed is not considered suitable for a residential colony.
