Section 25 in Guwahati Metropolitan Development Authority Act, 1985
25. Permission for development.
(1)Any person or body (including a department of the Central or the State Government or any local authority) intending to carry out any development on any land shall make an application in writing to the Guwahati Metropolitan Development Authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed.(2)Each such application shall be accompanied by a plan drawn to scale showing the actual dimension of the parcel of the land and the building to be built upon it, the site and the position of the building to be eracted and in case of alternation in the use or structure of the building or land the nature and extent of such alternation.(3)The Authority may also call for such other information, as it may deem necessary to examine the application.(4)The Authority shall not refuse the permission except on the ground of contravention to proposals contained in the plan or the Zoning Regulations and unless the permission has been refused within a period of one month from the receipt of the application or such other information as may be called for by the Authority under sub-section (3), it shall be presumed that the permission has been given.(5)On such application having been duly made, and on payment of the development permission fees as may be assessed as prescribed by laws framed by the authority in this behalf-(a)the Authority may pass an order-(i)granting permission unconditionally; or(ii)granting permission subject to such conditions as it may think fit; or(iii)refusing permission.(b)Without prejudice to the generality of clause (a) of this sub-section, 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 conditions or the use of the land permitted shall be discontinued.(ii)For regulating the development or use of any other land under the control of the application or for the carrying out of works on any such land as may appear to the Authority expedient for the purpose of the permitted development.Provided no such fee shall be necessary in the case of an application made by a department of the Central or the State Government or any local authority.(6)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 and the order shall be communicated to the applicant.(7)When permission is refused under this section, the applicant or any person claiming through him, shall not be entitled to get refund of the fee paid on the application for permission but the Authority may, or an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (6), direct refund of such portion of the fee as it may seem proper in the circumstances of the case.(8)In the case of a department of the Central or the State Government or any local authority intending to carry out any development other than operational constructions, on any land where the Authority raises any objection in respect of the conformity of the proposed development either to any Master Plan or schemes under the preparation, or to any of the building by laws in force, or to the Zoning Regulations, or due to any other material consideration under sub- section (9), the department or the authority, as the case may be, shall;(a)either make necessary modifications in the proposals for development to meet the objections,(b)submit the proposals for development together with the objections raised by the Authority to the State Government for decision. When proposals and objections have been submitted, no development shall be undertaken until the State Government has finally decided on the matter.(9)The State Government on receipt of the proposals for development together with the objections of the Authority, shall either approve the proposals with or without modification or direct the concerned authority to make such modification in the proposals as it considers necessary in the circumstances.
