Section 46(3) in West Bengal Town and Country (Planning and Development) Act, 1979
(3)(i)The concerned authority in dealing with the applications for permission shall have regard to -(a)the provisions of the [Land Use and Development Control Plan,] [Substituted by Section 6(a)(i) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Bengal Act 26 of 1994) for development plan.] if it has come into operation; and(b)[ the regulations, if any, made under section 139 and applicable to the land on which the development is intended to be carried out, the building rules, if any, of a Panchayat or a Municipality in so far as they are not inconsistent with the regulations as aforesaid and are applicable to such land, the provisions of Land Use and Development Control Plan as forwarded to the State Government under section 31 or as modified thereafter, and any other material consideration. [Sub-clause (b) Substituted by Section 6(a)(ii), ibid which read as under : (b) any other material consideration.]Explanation. -"Panchayat" has the same meaning as in clause (d) of Article 243, and "Municipality" has the same meaning as in clause (e) of Article 243P, of the Constitution of India.](ii)The provision of sub-section (1) shall not apply to applications under sub-section (5).
