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State of Uttar Pradesh - Section

Section 4 in Lucknow Industrial Development Areas (Composition of Offences) Regulation, 2017

4. To give permission or reject to give permission.

(1)The Chief Executive Officer, Lucknow Industrial Development Authority or any officer authorised by him for giving permission or rejecting permission for the composition of illegal construction or development work will ensure that-
(a)Where illegal construction work has been conducted as on basement, semi-basement, ground floor, first floor or subsequent floors and what is its effect on structural safety, lighting and ventilation;
(b)has the basement been constructed with more than admissible limit, if yes, what is its effect on the adjacent properties and existing structural facilities;
(c)has it been rejected ever before the permission of construction work, if yes, what is its validity of composition in the present reference;
(d)is it against the existing building construction guidelines, if yes, what is its effect;
(e)is the construction work is affected with Uttar Pradesh Road Side Land Control Act, 1945 if yes, whether a no objection has been obtained from the competent authority for this purpose.
(2)The composition of following offences shall not be taken into consideration-
(a)Construction work done on the land related with or reserved for public and semi-public amenities services and utilities such as road, railway line, park, green belts etc.;
(b)Construction work done against the land use prescribed in the master plan or personal development plan or layout plan or lease;
(c)Construction work done on the plot or in the house situated under such illegal land sub-division which has not been regularised so far;
(d)Construction work done on the Government or public land without the permission of concerning department;
(e)Construction work done on the disputed land;
(f)Construction work done under the area reserved for stilt floor and parking;
(g)Construction work done without anti earthquake provisions in the houses with more than three stones including ground floor or with height more than 12 metres and with infrastructural facilities together with land coverage of more than 500 square metres;
(h)Construction work done without fire control provision and minimum prescribed setbacks according to the building construction and development bye-laws in the house with more than four floors or in the houses with more than 15 metres height and special houses such as education, assembly, institutional, industrial and group houses and houses with emergency use and such other houses whose ground coverage is more than 500 square metres.
(i)Construction work done without having obtained no objection certificate by local fire control authority in such formerly constructed houses in which infrastructural addition/alteration or reconstruction has been done as a result of which ground coverage, floor area ratio, height, set back and consolidation of house have been adversely affected;
(j)Construction work with more than 10 per cent height of permissible height without alteration in the number of floors under plot development provision;
(k)In the condition of minimum area, minimum height and internal height of the resisable room under the plot development ten per cent less and in the condition of lighting and ventilation area of such houses are more than 10 per cent less in accordance with minimum prescribed standards in which mechanical ventilation has not been provided, in such situation construction works done;
(l)Construction work done in violation of the height of the house situated in the heritage zone, preserved monuments, civil aviation area or height prohibited area;
(m)Construction work done without the provision of required parking according to the prescribed standards in the Lucknow Industrial Development area building regulations;
(n)Construction work done under the area reserved for common service and on the land of common ownership adjacent to group housing and other multi storied buildings;
(o)Construction work done without the provision of roof top rain water harvesting in such types of houses whose areas are 300 square meters or more;
(p)Construction work done on the land covered with ponds reservoirs rivers, drainage system etc. intered in the revenue records or marked master plan/zonal plan/layout plan;
(q)Construction work done without installation of solar water heating plants in the residential houses having the area of 500 square metres or more in accordance with the Lucknow Industrial Development Area Building Regulations, 2009;
(r)Construction work done in violation of the Lucknow Industrial Development area building regulations for the safety, utility and facility of the persons with physical disability under the public houses and the public facility sites.