Amendment status not verified — confirm the current text below against the official source.
(1) Any person or body (including a depart- lopment'" ment 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 Develop ment 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 di mension of the parcel of the land and the building to be built upon it, the site and the position of the building to be erected and in case of altera tion in the use or structure of the building or land’ the nature and extent of such alteration. (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 permi ssion except on the ground of contravention of pro posals contained in the plan or the Zoning Regu lations 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 applicant n 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) giantihg permission unconditionally ; or 912 THE ASSAM G A Z E T T E , E X T R A -0 R DIN A R Y, N 0 V»14,19 87 (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, th® land shall be restored to its previous conditions or the use of the land permitted shall be dis continued . . (ii) for regulating the development or use of any other land under the control of the applicant 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 ; ■ A 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 con ditions or is refused, the grounds of imposing such conditions er 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 thro ugh 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. I ' i ■, THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 91 3 (8) In the case of a department of the Cen tral or the State Government or any local autho rity 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 scheme under preparation, or to any of tire building by laws in force, or to the Zon ing Regulations, or due to any other material con sideration under sub-section (9), the department or • the authority, as the case may be, shall; (a) either make necessary modifications in tlic proposals for development to meet the objections, or 7 (b) submit the proposals for development toge ther with - tic objections raised by the Authority to 7 * the State Government for decision. When propo sals and objections have been submitted, no deve lopment shall be undertaken until the State Govern ment has finally decided on the matter. i- (9) The State Government on receipt of the proposals for development together with the object ions of the Authority, shall eith’er approve the proposals with or without modification or direct the concerned authority to ma e such modifications in the proposals as it considers necessary in the cir cumstances. ' in^tg^antof 26- Any applicant aggrieved by an order passed permissi o n under Section 25, or if no order is passed under subject to that section, may appeal within one month of the refusal of communication of that order to him or after the permission, expiry of the period of three months from the date of submitting the application, as the case may be, in the manner and accompanied by such fees as may be prescribed, to the Appellate Authority ap pointed by the State Government in this behalf. La se of