Section 6 in The Punjab New Capital (Periphery) Control Act, 1952
6. Applications for permission and the grant or refusal of such permission.
(1)Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] in such form and containing such information in respect of the building, excavation or means of access to which the application relates as may be prescribed:[Provided that for such uses for which limited number of permissions have been prescribed, located in such land use zones of various notified development plans, where in the opinion of the State Government, the permissions are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the State Government in this regard from time to time, such application shall be considered to be valid only if it is filed in response to a notice of the Director and fulfils the prescribed terms and conditions.] [Added by Haryana Act No. 8 of 2019, dated 31.1.2019.](1A)[ All such applications, for which limited number of permissions have been prescribed, received in response to the notice issued by the Director against policy for auction of permissions that are considered to be in order by the Director shall, in addition to the prescribed requirements, also be liable for payment of location premium, as determined through the bidding/auction process, in such manner and in such time frame as conveyed by the Director. The amount received against location premium shall be utilised for provision, maintenance and augmentation of external development works as provided in the Haryana Development and Regulation of Urban Areas Act, 1975 and shall be recovered in addition to the prescribed rates of development charges received against external development works from an applicant, if applicable.] [Inserted by Haryana Act No. 8 of 2019, dated 31.1.2019.](2)On receipt of such application the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] , after making such enquiry as he considers necessary, shall, by order in writing, either -(a)grant the permission, subject to such conditions, if any, as may be specified in the order; or(b)refuse to grant such permission.(3)When the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] grants permission subject to conditions, or refuses to grant permission under sub-section (2), the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case and the interest of the general public.(4)The [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] shall not refuse permission to the erection or re-erection of a building, if such building is required for purposes subservient to agriculture, nor shall the permission to erect or re-erect any such building be made subject to any conditions other than those which may be necessary to ensure that the building will be used solely for agricultural purposes.(5)The [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] shall not refuse permission to the erection or re-erection of a building which was in existence on the date on which the notification under sub-section (1) of section 3 was made, nor shall be imposed any conditions in respect of such erection or re-erection unless he is satisfied that there is a probability that the building will be used for a purpose or is designed in a manner other than that for which it was used or designed on the date on which the said declaration was made.(6)If at the expiration of a period of three months after an application under sub-section (1) has been made to the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] , no order in writing has been passed by the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.], permission shall, without prejudice to the restriction signified in the plans under section 4 be deemed to have been given without the imposition of any conditions:[Provided further that such time limit of three months shall not be applicable wherein limited number of permissions has been specified in notifications issued from time to time.] [Added by Haryana Act No. 8 of 2019, dated 31.1.2019.](7)The [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] shall maintain a register as may be prescribed with sufficient particulars of all cases in which permission is given or deemed to have been given or refused by him under this section, and the said register shall be available for inspection without charge by all persons interested and such persons shall be entitled to take extracts therefrom.
