Section 84 in Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016
84. Application for development permission.
(1)Any person or body intending to carry out any development of land for the purpose of layout or for sub-division into plots or for construction, reconstruction, addition or alteration of any building shall apply in writing to the Metropolitan Commissioner / Vice-Chairperson for Development Permission in such form and containing such particulars and accompanied by such plans, documents, ownership documents for the land or plot and on payment of fees and charges as prescribed under the Act in addition to statutory provisions made under the respective Acts of the Local Authorities;(2)On receipt of the application for Development Permission under sub-section (1), the Metropolitan Commissioner / Vice-Chairperson, after making such enquiry as consider it necessary in relation to any matter concerning the Perspective Plan or Master Plan or Infrastructure Development Plan or Area Development Plan or Zonal Development Plan or Development Scheme, Layout Regulations, Development Promotion Regulations, aesthetics, architectural and urban design control briefs, landscaping stipulations or in relation to any other matter, may issue a Development Permission Order either:-(a)granting permission unconditionallyor(b)granting permission subject to such conditions as it may consider necessaryor(c)refuse permission citing the grounds of such refusal which shall be recorded in writing in the order.(3)No compensation shall be payable for the refusal of a permission or for the imposition of modifications or conditions in granting permission.(4)If within sixty days after the receipt of such application made under this section for Development Permission for layout or such similar land development scheme or construction of building or of any information or further information required, the Metropolitan Commissioner / Vice-Chairperson has neither granted nor refused permission, such permission shall be deemed to have been granted and the applicant after intimating the Metropolitan Commissioner / Vice-Chairperson in writing, may proceed to carry out the development but not so as to contravene any of the provisions of the Act or plans or schemes or any rules or regulations made under the Act.(5)If any person carries on any development work or retains the use of any building or work or continues the use of land in contravention of the provisions under the Act, or of any development permission granted under the Act, the Metropolitan Commissioner / Vice-Chairperson may direct such person, by notice in writing, to stop further progress of such work or to discontinue any use and may, after making an inquiry in the prescribed manner, remove or pull down any building or work carried out and restore the land to its original condition or as the case may be, take any measures to stop such use.(6)Any expenses incurred by the Metropolitan Commissioner / Vice-Chairperson under the sub-section (5) shall be a sum due to the Authority under the Act from the person in default.(7)The Development Permission Order may among other conditions contain the implementation of Perspective Plan or Master Plan or Infrastructure Development Plan or Area Development Plan or Zonal Development Plan or Land Pooling Scheme or Town Planning Scheme or any area development plan in an area, Development Scheme, Layout Regulations, Development Promotion Regulations, road network and other communication network system and the area of land affected and to be surrendered free of cost to the Authority for development in accordance with such sanctioned Plan or regulations.(8)In such layouts and such other similar site development:-(a)such development permission shall be considered only if the same is undertaken through a licensed developer;(b)the licensed developer shall be required to mortgage fifteen percent of the plotted saleable land to the Authority or any other condition as may be prescribed as surety for carrying out the developments and complying with other conditions as per specifications and in the given time period, in the failure of which, the Metropolitan Commissioner / Vice-Chairperson shall be empowered to sell away the mortgaged plots and utilize the amount so realized for completion of the development works.
