Amendment status not verified — confirm the current text below against the official source.
(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. 1 [(2) On receipt of such application the Prescribed Authority, after making such inquiry as it considers necessary, shall by order in writing either grant Permission subject to such conditions, if any, as may be specified in the order or refuse to grant such permission. (2-A) The only grounds on which permission may refused are the following, namely:- (a) that the work or the use of the site for the work any of the particulars comprised in the site plan, ground-plan, elevations, sections or specification 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 about on a street, and there is no access to such building from any such street, by a passage or pathway not less than 12 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 proposed building of the plan is not in conformity with the master plan; (2-B) 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. (2-C) In particular, and without prejudice to the generality of the provision contained in the subsection (2), the Prescribed Authority may, while granting under section 6 the permission to develop and area of land as a colony, impose all or any of the following condition 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 in to 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 Governor, with or without sureties', ' to satisfaction of the Prescribed Authority; (b) that the applicant shall transfer to the State Government or to the local authority concerned land earmarked for roads, public parks and other public utility services either free of cost or on terms and conditions as may be specified. (2-D) 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 Magistrates of the First Class by reference to the prescribed authority, and of references to the Sessions Judge by references to the Controlling Authority.] 2 [(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 construed to authorize any person to act in contravention of the '2regulations issued under3 this Act]