PROCEDURE FOR OBTAINING DEVELOPMENT PERMISSION - CHAPTER - II

2.1 PERMISSION FROM THE COMPETENT AUTHORITY IS MANDATORY 2.1.1 No person shall change the use of any land or carry out any development without the prior written permission of the Competent Authority. 2.1.2 No such development permission shall be necessary for the works listed in the section 43 of the Act and operational constructions of Government Departments as elaborated in Appendix - I. 2.2 ACTIONS AGAINST DEVELOPMENT DONE WITHOUT APPROVAL OF THE COMPETENT AUTHORITY Any development, if carried out without such a permission of the Competent Authority, shall attract actions under sections 52, 53, 54 and 55 of the Act or any other Act. These include demolition of the structure and/or criminal proceedings against the owner/persons engaged in such act of unauthorised work. 2.3 PROCEDURE FOR DEVELOPMENT PERMISSION 2.3.1 NOC for Non-Agricultural (N.A.) Permission : 2.3.1.1 Any person who intends to carry out development where N.A. permission is not obtained, shall first obtain N.A. permission under the Maharashtra Land Revenue Code, 1966. He shall, therefore, apply for a No Objection Certificate for seeking N.A. permission from the Competent Authority by engaging the services of Technical Personnel holding qualifications and competence as detailed out in Appendix-II. Such NOC shall not be necessary for proposals of amalgamation of plots or for subdivision of lands and for mining and quarrying operations where N.A. permission is subsequent to development permission. 2.3.1.2 The application for NOC for N.A. shall be submitted along with the drawings and documents accompanied by scrutiny fees mentioned in Appendix - III. 2.3.1.3 The Competent Authority shall issue such No Objection Certificate within a period of 30 days from the date of application or from the date of applicant making compliances in this respect. 2.3.2 Development Permission 2.3.2.1 Any person who intends to carry out development or redevelopment , erect or re-erect a building or alter any building or part of a building including sub-division or amalgamation of holdings, mining or quarrying operations, shall first apply to the Competent Authority in the proforma prescribed by the Competent Authority along with fees, documents, copy of N.A. permission (excluding for proposals of amalgamation or sub-division of holdings and mining or quarrying operations) giving full details of the proposed development, by engaging the services of Technical Personnel holding qualifications and competence as detailed out in Appendix-II. 2.3.2.2 The Competent Authority shall send one set of proposal to the Municipal Council/Gram Panchayat concerned. The Municipal Council/Gram Panchayat concerned shall furnish its comments / suggestions regarding infrastructure requirements at the local level. Failure to give comments to the Competent Authority within 30 days from the date of receipt shall mean the concerned Municipal Council/Gram Panchayat has no objections to the proposal submitted by the applicant. 2.4 COMMENCEMENT CERTIFICATE (CC) 2.4.1 The Competent Authority shall, within 60 days from the date of application or from the date of applicant making compliances, by an order in writing, either - i) Grant the permission, unconditionally or subject to certain general and special conditions, in the form of a Commencement Certificate (hereinafter referred to as “CC”) and approve the plans, or ii) Refuse the permission for want of conformity with these Regulations and/or any other law/Regulation as may be applicable. 2.4.2 The Commencement Certificate will be granted building-wise and will be issued only after the development charges and the scrutiny fees for the entire land under the layout and for those buildings for which such certificate is asked for, and balance of security deposit, subdivision / layout fees and other charges, if any, are paid to the Competent Authority. (Modified as per M-3) 2.4.3 For the purpose of these Regulations, the development shall be deemed to have commenced only if the work upto the stage as stated below has been carried out.

a) For a building work including additions and alterations Upto plinth level b) For bridges and overhead tanks Foundation and construction work upto the base work c) For underground work Foundation and construction work upto floor of underground floor d) For layout/Subdivision and Amalgamation proposals Final demarcation and provision of infrastructure and services upto the following stages:   i) Roads                 Water Bound                                macadam                                complete.   ii) Sewerage           Excavation and Drainage and        base concreting Water Supply         complete.

2.5 DEEMED PERMISSION 2.5.1 If the Competent Authority does not communicate its decision either to grant or to refuse permission to the applicant within 60 days from the date of receipt of his application or from the date of receipt of a reply from the applicant in respect of any requisition made by the Competent Authority, whichever is later, such permission shall be deemed to have been granted on the date immediately following the date of expiry of 60 days, provided that the development proposal for which the permission was applied for, is strictly in conformity with these Regulations and the scrutiny fees, development charges as well as premiums, deposits or other fees, etc. prescribed under these Regulations, are paid as in the case of proposal where CC is granted by the Competent Authority. 2.6 VALIDITY OF DEVELOPMENT PERMISSION/COMMENCEMENT CERTIFICATE AND ITS REVALIDATION 2.6.1 Procedure for revalidation : Any development permission granted, or deemed to be granted by the Competent Authority for any development including the erection of building or for layout/subdivision will remain in force for a period of four years in aggregate, from the date of issue of CC. If the work is not commenced, it shall be revalidated before the expiry of one year from the date of its issue, by applying to Competent Authority. Such revalidation can be done for three consecutive terms of one year each, after which proposal shall have to be submitted to obtain development permission afresh. Application for revalidation shall be accompanied with the fees prescribed in Appendix - III. 2.7 PROCEDURE DURING CONSTRUCTION 2.7.1 Intimation of commencement of work : The applicant shall intimate the Competent Authority of actual commencement of work in the Proforma prescribed by the Competent Authority. The applicant will have to start the work after a period of 7 days, from the date of such intimation to the Competent Authority. 2.7.2 Neither the grant of a permission nor the approval of drawings and specifications, nor inspections made by Competent Authority during construction of the building shall in any way relieve the applicant and the technical personnel of such land / building from full responsibility of carrying out the work in accordance with these Regulations. 2.7.3 Documents at Site: i) Every person to whom development permission is issued shall, during construction, keep pasted in a conspicuous place on the site, a copy of the development permission and approved plans. ii) Details about the applicant, technical persons, structural engineer, land and approval orders, shall be displayed on a board located at a prominent place at the site during the period of construction. iii) Where tests of any materials are made to ensure conformity with the requirements of these Regulations, records of the test data shall be kept available for inspection during the construction of the building and for such a period thereafter as required by the Competent Authority. iv) No building material shall be allowed to be stacked on public roads/places without the written permission of the Competent Authority. The Competent Authority may decide the terms and conditions on which such permission shall be given. 2.7.4 Safety Measures at site : Proper care to avoid risk and injury to persons working on site and passers-by shall be taken by owner/applicant. 2.8 PLINTH AND STILT COMPLETION CERTIFICATE 2.8.1 After the completion of work of each building up to the plinth level and/or stilt level the applicant shall apply in the proforma prescribed by the Competent Authority for obtaining plinth completion certificate. The Competent Authority shall carry out the inspection and within a period of 15 days from the receipt of such application issue Plinth / Stilt Completion Certificate. The applicant shall be entitled thereafter to commence further construction work as per sanctioned plan. 2.8.2 Development charges and/or any other charges as may be due shall also be paid before seeking plinth/stilt completion certificate. 2.8.3 In case the Competent Authority does not refuse Plinth Completion Certificate within 15 days, it will be deemed to have been granted provided construction of a plinth/stilt is as per approved plan and development charges and or other charges as may be due are paid fully to the Competent Authority. Plinth/stilt completion certificate will be issued only after checking the plinth or stilts with respect to demarcation of plot boundary, DP Roads, DP reservations, Common Facility Centre plots, recreational open spaces, layout roads, etc. 2.9 INSPECTION 2.9.1 The Competent Authority or his officer may inspect at any time, the erection of a building or the execution of any development work without giving prior notice. 2.10 DEVIATION DURING CONSTRUCTION If during the construction of a building any departure from the sanctioned plan, such as increasing the number of tenements, built up area / FSI, height of the building, decrease in open spaces, change in alignment of roads, location of DP reservations, CFC plots, recreational open spaces, apportionment of BUA to various buildings, etc. is intended by way of internal or external addition etc., then the owner or applicant shall have to seek sanction of the Competent Authority by submitting amended plans showing the deviations thereon. The procedure laid down for the original plans shall apply to all such plans thereafter. Any work done in contravention of the sanctioned plans, without prior approval of Competent Authority shall be deemed unauthorised. 2.11 COMPLETION CERTIFICATE The applicant shall intimate the Competent Authority regarding completion of development work along with the following certificates: i)Completion Certificate from Technical personnel in proforma prescribed by the Competent Authority accompanied by 5 sets of As-Built drawings showing exactly the details of construction carried out at site and any such document as may be required to prove compliance to any of the conditions stipulated in the CC. One set of the As-Built drawings shall be cloth mounted or laminated. ii)Structural Stability Certificate from a Structural Engineer in the prescribed Proforma ; iii)Drainage/Sewerage/Plumbing Completion Certificate from a Technical Person in the Proforma prescribed by the Competent Authority. iv)Separate Completion Certificate from Technical Person for development of recreational open spaces and internal roads. 2.12 OCCUPANCY CERTIFICATE (OC) 2.12.1 Procedure for granting OC: On receipt of the certificate of completion as specified in Regulation No.2.11 the Competent Authority shall inspect the site and after satisfying itself that there is no deviations from the sanctioned plans or deviations, if any, are of minor nature where permision is not required under these Regulations, issue an occupancy certificate in Proforma prescribed by the Competent Authority or refuse to issue Occupancy Certificate within 30 days from the date of receipt of the said completion certificate. However before issuing such Occupancy Certificate, the Competent Authority shall first obtain No Objection Certificate of relevant authorities like Chief Fire Officer, Lift Inspector of P.W.D., wherever applicable. 2.12.2 Deemed Occupancy Certificate: If the Occupancy Certificate is not issued within time limit mentioned in Regulation 2.12.1, it will be deemed to have been granted, provided the construction is strictly as per the approved plans and no dues in development charges or any other form of payment to be made to the Competent Authority are pending and all the conditions of CC are complied with. 2.12.3 Part Occupancy Certificate : Upon the request of the owner/applicant of the development permission, the Competent Authority may issue a part occupancy certificate for a building or part thereof, before completion of the entire work as per development permission, provided sufficient precautionary measures are taken by the applicant to ensure public safety and health. Such part occupancy certificate shall be given provided the applicant has completed the infrastructural works and development of amenities, recreational open spaces etc. commensurate with the stage of development. However the Competent Authority shall issue such part occupancy certificate subject to the owner indemnifying the said Authority as per the prescribed proforma in this respect. 2.13 REFUND OF SECURITY DEPOSIT Security Deposit paid by the applicant while obtaining development permission shall be refunded without interest after the applicant obtains occupancy certificate for the entire development work. The original challan shall be submitted by the applicant to the Competent Authority to process the claim. 2.14 CANCELLATION OF PERMISSION Competent Authority shall cancel any development permission issued under the provisions of these Regulations, whenever it is detected that there had been a false statement, any misrepresentation of material fact or forgery of document in obtaining development permission and the whole work shall be treated unauthorised. Any fees, charges, etc. paid shall be forfeited. However, no such cancellation shall be made unless the applicant is given an opportunity of being heard. 2.15 NO OBJECTION CERTIFICATE FOR CERTAIN ACTIVITIES 2.15.1 None of the following activities shall be carried out by any person, without the N.O.C. of the Competent Authority even though the same require the permission of another authority : i) Obtaining power supply connection; ii) Obtaining Water Supply Connection; iii) Obtaining permission for subdivision/amalgamation of agricultural lands from Collector/SDO. 2.15.2 Fees as mentioned in Appendix - III and other documents listed in the proforma prescribed by the Competent Authority shall have to be accompanied with every application for such N.O.C. Such application need not be submitted through Technical Person. 2.16 DEMOLITION OF DILAPIDATED AND UNSAFE BUILDINGS Wherever it is necessary to demolish dilapidated / unsafe structure in the interest of public safety, such demolition shall be carried out by the applicant where so directed by the Competent Authority. 2.17 REPAIRS TO STRUCTURES AFFECTED BY D.P.RESERVATION In case of permission for carrying out repairs only for the maintenance of the authorised structures affected by D.P. road proposals or reservations, the Competent Authority may grant such repair permission on certain conditions as deemed fit. 2.18 PERMISSION FOR TEMPORARY CONSTRUCTIONS 2.18.1 The Competent Authority may grant permission for temporary construction for a period not exceeding six months at a time, but in aggregate not exceeding a period of three years. Such temporary permission may be granted for the constructions of the following nature : i) Structures without RCC frames and/or walls for protection from the rain; ii) Pandals for fairs, ceremonies, religious function, etc. iii) Structures for godowns/storage of construction materials within the site; iv) Temporary site offices and watchmen chowkies within the site only during the phase of construction of the main building; v) Structure for exhibitions/circuses, etc. vi) Structures for storage of machinery, before installation, for factories in industrial lands within the site; vii) Structures for ancillary works for quarrying operations in conforming zones; viii) Stalls for sale of goods for specific period; ix) Milk booths and telephone booths; x) Transit accommodation for persons to be rehabilitated in a new construction; Provided that temporary constructions for structures, etc. mentioned at (iii), (iv), (vi) and (x) may be permitted to be continued temporarily by Competent Authority but in any case not beyond completion of construction of the main structure or building. The structures in (ix) may be continued beyond three years on annual renewable basis by the Competent Authority. 2.18.2 Applications of permissions for temporary constructions need not be submitted through a Technical Person. A scrutiny fee shall be paid as specified in Appendix - III along with the application.