Section 7 in The U.P. (Regulation Of Building Operations) Act, 1958
7. Application for permission. -
(1)Every person desiring to obtain the permission referred to in Section 6 shall make an application in writing to the Prescribed Authority in such form and containing such information as may be prescribed in respect of the development, building excavation or means of access to which the application relates.(2)[ On receipt of such application the Prescribed Authority, after making such inquiry as it considers necessary, shall by order in writing either grant the permission subject to such conditions, if any, as may be specified in the order or refuse to grant such permission.(2A)The only grounds on which permission may be refused are the following, namely-(a)that the work or the use of the site for the work or any of the particulars comprised in the site-plan, ground-plan, elevations, sections or specifications would contravene the provisions of any law or any order, rule or regulation made under this Act or any other law;(b)that the application for such permission does not contain the prescribed particulars or is not made or signed in the prescribed manner;(c)that any information or document required by the Prescribed Authority under the rules or regulations has not been duly furnished;(d)that the proposed building would be an encroachment upon any public premises as defined in the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972;(e)that the site of such building does not abut on a street, and there is no access to such building from any such street by a passage or pathway not less than twelve feet wide appertaining to such site;(f)that the site for the work forms part of the area, the lay-out plan of which has not been sanctioned;(g)that the use of the proposed building or the plan is not in conformity with the Master Plan.(2B)Where the application does not contain the prescribed particulars or is not made or signed in the prescribed manner, the Prescribed Authority may, instead of rejecting it, return it to the applicant for making it in conformity with the relevant rules and regulations.(2C)In particular, and without prejudice to the generality of the provision contained in sub-section (2), the Prescribed Authority may, while granting under Section 6 the permission to develop an area of land as a colony, impose all or any of the following conditions namely :-(a)that the applicant shall arrange for the development of such area and the provision of amenities therein, in accordance with the prescribed standards through the local authority concerned or through such other agency as may be specified and enter into an agreement with or furnish adequate security to such authority or other agency in that behalf, or undertake to carry out such development and to provide such amenities himself and execute a bond in that behalf in favour of the Governor, with or without securities, to the satisfaction of the Prescribed Authority;(b)that the applicant shall transfer to the State Government or to the local authority concerned the land earmarked for roads, public parks and other public utility services either free of cost or on such terms and conditions as may be specified.(2D)The provisions of Sections 445, 446, 447 and 449 of the Code of Criminal Procedure, 1973, shall mutatis mutandis apply in relation to any bond executed by an applicant under sub-section (2-C), with the substitution of reference to a Magistrate or Magistrate of the First Class by reference to the Prescribed Authority, and of references to the Sessions Judge by references to the Controlling Authority.] [Substituted by U.P. Act No. 41 of 1976.](3)Where permission is refused, the grounds of such refusal shall be communicated to the applicant in such manner as may be prescribed within ninety days of the receipt of such application.(4)Where no orders are communicated within the period mentioned in sub-section (3) granting or refusing the permission, the applicant may by a written communication call the attention of the Prescribed Authority to the omission or neglect, and if such omission or neglect continues for a further period of thirty days the Prescribed Authority shall be deemed to have permitted the proposed work:Provided that nothing in this sub-section shall be construed to authorize any person to act in contravention of the [regulations] [Substituted by U.P. Act No. 41 of 1976.] issued under [this Act] [Substituted by U.P. Act No. 11 of 1960.][7A. Cancellation of permission obtained under fraud. - If at any time, after a permission has been granted under sub-section (2) of Section 7, the Prescribed Authority is satisfied that such permission was granted in consequence of any material misrepresentation made or any fraudulent statement or information furnished the Prescribed Authority may cancel such permission, for reason to be recorded in writing and any work done thereunder shall be deemed to have been done without such permission] [Added by U.P. Act No. 2 of 1964.]
