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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Uttar Pradesh - Subsection

Section 5(1) in The U.P. (Regulation of Building Operations) Regulations, 1960

(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.