Section 8 in The U.P. (Regulation Of Building Operations) Directions, 1960
8. Sanctioning of plans and statements. -
(a)The Prescribed Authority shall not approve the plans or statements unless it is satisfied that:(i)The plans and statement enclosed with the applications are in accordance with the standards prescribed under these directions, and contain sufficient material to judge the suitability of the proposed work.(ii)The development and proposed use of the land and standards are in conformity with the proposal and standards of the Master Plan of the regulated area approved by the Controlling Authority.(iii)The prescribed fees have been paid to the Prescribed Authority and attested copy of the receipt of such payments is attached.(iv)The area proposed to be developed can be economically served with such normal public facilities and services as are suitable in the circumstances of the particular case.(v)The land proposed to be developed is suitable for the purpose for which it is intended and in particular where land is intended to be used as a building site, it can be used safely without being flooded or without detriment to health, or public welfare.(vi)All streets, roads, open spaces have been suitably graded, paved, drained, sewered and lighted in accordance with the approved standards and specifications of the Prescribed Authority and the site is suitably drained.(vii)[ The applicant has entered into an agreement with the local body concerned for the development of the land and for provision of other amenities and has either deposited the full estimated cost of the development and provision of other amenities with that local body in advance or has given to it a bank guarantee equivalent to such cost; or has entered into an agreement with that local body, providing that the full cost thereof may be realised by it out of the sale-proceeds of the plots that may be sold by the applicant: [Substituted by Notification No. 2671/XXXV - III-78-GZB-61, dated. 21.7.1972.]Provided that any such agreement between the applicant and the local body may provide for any part of the development and provision of other amenities being carried out by the applicant himself, however that in respect of any such part he shall give adequate security to the local body to secure that he shall carry out such part of the development and provide other amenities in accordance with the approved standards and specifications to the satisfaction of the Controlling Authority:Provided further that if the applicant so desires he may mortgage the entire land with local body before the layout is sanctioned and enter into an agreement with it providing that the plots shall be released for sale by it on condition that 50 per cent of the sale price or the proportionate cost of development and provision of other amenities whichever is higher, is before the release of each plots, deposited towards the payment of development charges to the local body.](b)The Prescribed Authority may either sanction or refuse the plans and statements or may sanction them with such modification as it may deem necessary, and thereupon it shall communicate its decision to the applicant.In the case of refusal, the Prescribed Authority shall communicate the reasons for the same.(c)No fee shall be refunded in case permission in not accorded by the Prescribed Authority but the applicant shall be allowed to re-submit within the period of one year from the date of rejection of the plans and statements without any fee after complying with all the objections raised by the Prescribed Authority. If the submission of plans and statements is made after a year, fees shall be paid afresh.(d)If the plans and statements submitted with the applications under Directions 3 and 4 do not in any respect satisfy the provisions contained in these directions or any regulations in that behalf the Prescribed Authority may at any time within 60 days from the receipt of the notice require the applicant by written notice, to modify, amend or alter them in such manner as to bring them in conformity with such directions or regulations.
