Section 8 in The Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963
8. Application for permission etc. and the grant or refusal thereof.
(1)Every person desiring to obtain the permission referred to in Section 3 or Section 6 or Section 7 or licence under Section 7 shall make an application in writing to the Director in such form and containing such information in respect of the land, building, excavation or means of access to a road 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 Government, the permissions are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the 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. 19 of 2018, dated 4.5.2018.](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. 19 of 2018, dated 4.5.2018.](2)On receipt of such application the Director, after making such enquiry as he considers necessary, shall by order in writing either :-(a)grant the permission or licence subject to such conditions if any, as may be specified in the order, or(b)refuse to grant such permission or licence.(3)The Director shall not refuse permission to the erection or re-erection of a building which was in existence in a controlled area on the date on which the notification under sub-section (1) of Section 4 was published, nor shall he impose any condition in respect of such erection or re-erection unless he is satisfied, after affording to the applicant an opportunity of being heard, 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 notification was published.(4)If, at the expiration of period of three months after an application under sub-section (1) has been made to the Director, no order in writing has been passed by the Director, the permission shall, without prejudice to the restrictions and conditions signified in the plans published in the Official Gazette under sub-section (7) of Section 5, be deemed to have been given without the imposition of any conditions;[Provided that such time limit of three months shall not be applicable to the cases where directions have been issued by the Government under section 11 of the Act and require approval of the State Government accordingly.] [Added by Haryana Act No. 17 of 2004.](5)The Director shall maintain such register as may be prescribed with sufficient particulars of all such cases in which permission or licence 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.
