Grant or Refusal of Permission in UDCPR 2020

Apr 06, 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 the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limits of the 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. 2.6 Grant or Refusal of Permission

2.6.1 General

i) After receipt of the notice/application as mentioned in Regulation No.2.2.1 above, the Authority may either sanction or refuse the plans or may sanction them with such modifications or directions as it may deem necessary after having recovered the necessary charges/fees. It thereupon shall communicate its decision to the person giving the notice in the prescribed form given in Appendix D1/D2/D3 and E1/E2, as the case may be.

ii) In the case of special buildings, the building scheme shall also be subject to the scrutiny of the Chief Fire Officer of the Local / Planning Authority or Director of Fire Services, as the case may be, and the sanction development permission shall be issued by the Authority after the clearance from him.

iii) In the case of land subdivision or plotted layout, a tentative layout shall be recommended for demarcation at the first instance. After having demarcated the layout, the owner shall submit the layout as measured by the Land Records Department for final approval to the Authority. The Authority shall examine and grant final approval to the measured layout if it conforms to the regulations and is broadly in accordance with the tentative layout without any departures of a substantial nature. This shall also be mandatory for Group Housing Schemes where roads in the adjoining layouts / Development Plan roads/Regional Plan roads are to be coordinated and/or amenity space/s are to be earmarked.

iv) After the plan has been scrutinized and objections have been pointed out, the owner giving notice shall modify the plan, comply with the objections raised and resubmit it. The prints of plans submitted for final approval, shall not contain superimposed corrections. The authority shall grant or refuse the commencement certificate/building permit within 60 days from the date of resubmission. No new objections may generally be raised when they are resubmitted after compliance with earlier objections, except in circumstances to be quoted for additional compliances.

v) After the development permission is granted by the Authority, it shall be displayed alongwith the plans on the website of the Authority, wherever such website is available.

2.6.2 Deemed Permission

If within sixty (60) days of receipt of the notice, along with necessary permission fees under the regulations, the Authority fails to intimate in writing to the person, who has given the notice; of its refusal or sanction or sanction with such modifications or directions, the notice with its plan and statements shall be deemed to have been sanctioned, provided nothing shall be construed to authorize any person to do anything on the site of the work in contravention or against the terms of lease or titles of the land.

Provided that, the development proposal, for which the permission was applied, is strictly in conformity with the requirements of these regulations or regulations framed in this behalf under any law for the time being in force and the same in no way violates either provisions of any draft or final Development Regional Plan/Planning Proposal or proposals published by means of notice, submitted for sanction under the Act. Provided further that any development carried out in pursuance of such deemed permission which is in contravention of the above provisions, shall be deemed to be an unauthorized development for purposes of Section 52 to 57 of the Maharashtra Regional and Town Planning Act, 1966 and other relevant Acts.

Provided further that, upon receipt of intimation of any claim for deemed permission the Authority shall within fifteen days from the date of receipt of such claim, communicate its remarks, if any, regarding deemed permission to the applicant, failing which, the proposal shall be approved and commencement certificate along with one set of duly approved plans for proposed development shall be issued to the applicant within fifteen days thereafter.

Provided further that, a necessary explanation shall be called from the concerned officers of the Planning Authority for not processing and disposing of the proposal within 60 days and necessary action as per relevant provisions of the Act/Rules shall be initiated against the defaulter officer.

2.6.3 Approval of Building Permission on Risk-Based Classification

Notwithstanding Anything contained in this UDCPR, the approval to the Low or Moderate-risk category of constructions shall be governed as per the procedure given in Appendix - K.

2.6.4 Display of Sanctioned Permissions on the Authority's Website.

After sanctioning development permission, the authority shall make available all plans relating to such permission on its website, if available. Such documents shall be kept on the website till one month from the date of issuance of the last occupation certificate.