Section 45 in Sikkim Urban and Regional Planning and Development Act, 1998
45. Permission for development.
(1)Any person or body intending to carry out any development on any land shall make an application in writing to the Authority for permission in such form containing such particulars and accompanied by such documents, fee and plans as may be prescribed by the rules and regulations;(2)On such application having been duly made, and on payment of he development charges as may be assessed under Chapter X of this Act,(a)The Authority may pass an order:(i)Granting permission unconditionally; or(ii)Granting permission subject to such conditions as it may consider fit, or(iii)Refusing permission;(b)Without prejudice to the generality of the foregoing clause, the Authority may impose conditions:(i)To the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of he land permitted shall be discontinued;(ii)For regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such lands as may appear to the Authority to be expedient for the purpose of he permitted development.(3)The Authority in dealing with the applications for permission shall have regard to:(a)The provisions of the development plan or development scheme in force or under preparation; or(b)Any other material consideration.(4)When permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order.(5)Any such order shall be communicated to the applicant in the manner prescribed by regulations.(6)In the case of a department of Central or State Government or local authority intending to carry out any development other than operational constructions on any land, the concerned department or local authority, as the case may be, shall notify in writing to the Authority, of its intention to do so, giving full particulars thereof and companied by such documents and plans as may be prescribed by the Government accompanied by such documents and plans as may be prescribed by the Government from time to time, at least thirty days prior to the undertaking of such development; where the Authority has raised any objection pertaining to the proposals received under sub-section (2) in respect of the conformity of the proposed development either to any matter in sub-section (3) or to any of the building bye-laws in force at the time, the department or the local authority, as the case may be, shall:-(a)Either make necessary modifications in the proposals for development to meet the objections raised by the Authority, or(b)Submit the proposals for development together with the objections raised by the Authority to the Government for decision. When proposals and objections have been submitted, no development shall be undertaken until the Government has finally decided on that matter.(7)The Government on receipt of the proposals for development together with the objections of the Authority shall, in consultation with the Chief Town Planner either approve the proposals with or without modifications or direct the concerned department or local authority, as the case may be, to make such modification in the proposals as they consider necessary in the circumstances.(8)The "Operational Constructions" of the departments of the Central or State Government or local authority, as may be notified by the Government from time to time, shall be exempted from the purview of the Authority.
