Discretionary Powers Interpretation in UDCPR 2020

Apr 05, 2024

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 2.3 Discretionary Powers - Interpretation

In conformity with the intent and spirit of these Regulations, the Authority may by order in writing -

i) Decide on matters where it is observed that there is an error in any order, requirement decision, and determination of interpretation made by him or by an Officer authorized by him in the application of these Regulations.

ii) Decide the extent of the proposal of Development Plan/Regional plan with respect to S.No./Gut No./CTS No./Block No./Barrack No./Unit No., where boundaries shown on Development Plan / Regional plan varies with the boundaries as per revenue record/measurement plan / City Survey sheets etc.

iii) Determine and establish the location of zonal boundaries in cases of doubt or controversy.

iv) Decide the alignment of the Development Plan road/Regional plan road where the street layout actually on the ground varies from the street layout as shown on the Development Plan/Regional plan.

v) Correct the alignment of Blue and Red flood lines on the Development Plan/Regional plan where it varies with the said lines given by the Irrigation Department or any other Govt. institutions dealing with the subject, from time to time.

vi) Modify the limit of a zone where the boundary line of the zone divides a plot. In such cases, the zone covering an area of more than 50% shall be considered.

vii) Authorize the erection of a building or use of premises for a public service undertaking for public utility propose only, where he finds such an authorization to be reasonably necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.

viii) Interpret the provisions of these Regulations where there are clerical, or grammatical mistakes, if any.