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121. Prohibition for commencing work without
permission.- No person shall commence the construction of
reconstruction or a hut without first obtaining a permit for such
work.
122. Provisions regarding distance from road, etc
- (1)
The minimum distance between the plot boundary abutting any street
other than National Highway, State Highways, or District roads
or other roads notified by the Municipality and a hut shall be 1.00
metre.
(2) All sides including
the front and rear shall have minimum 60 cms distance from all the
boundaries other than that abutting a road.
123. Certain provisions not to apply.- Provisions regarding
FAR, coverage, distance from central line of road and dimension
of building parts, light and ventilation shall not apply to huts.
124. Application for permit.- (1) Any person intending to
construct or reconstruct a hut shall submit an application in white
paper, typed or written in ink and affixed with necessary court
fee stamp to the Secretary along with a site plan showing the
built up area and the boundaries of the plot and nearby street,
if any, and also document to prove ownership.
(2) The application
fee shall be as in Schedule I.
125. Disposal of Application.- The Secretary shall verify
the application, document and site p1an and after being convinced
of the boundaries and bonafides of ownership issue permit within
14 days from the date of receipt of the application and necessary
permit fee as shown in schedule II.
126. Council bound to decide on application.- (1) The Council
shall be bound to take a decision as to whether permit shall be
given or rejected, if the applicant makes a request in writing after
the expiry of fourteen days from the date of submission of application
that the secretary has failed to dispose the application.
(2) The applicant may
commence with the construction or reconstruction in conformity with
the provisions contained in the Act and these Rules, as if the permit
has been granted, if the Council fails to dispose of the application
within 30 days from the date of submission of the request in writing.
127. Reasons for rejection to be specified.- (1) Application
for permit to construct or reconstruct a hut may be rejected on
the following reasons:
(i) The construction
or use of plot violates any provision of law or any rule or order
or byelaw or proclamation;
(ii) the application
for permit is not furnished with details or has not been prepared
as required under these rules;
(iii) any detail or
plan so required by Secretary under these rules has not been made
available properly;
[ X X X X ]
(v) the proposed hut
is an encroachment to land owned by Government or Municipality.
(2) The Secretary shall
not reject an application for construction or reconstruction of
hut without specifying the reasons for such rejection.
128. Period of permit and its renewal.-
The permit shall be valid for 2 years from the date of issue
and may be renewed for further one year on submission of application
in white paper, typed or written in ink, affixed with necessary
court fee stamp, within its valid period, and payment of fifty per
cent of the permit fee.
129. Completion report and occupancy certificate.- (1) The
applicant shall, on completion of the construction or reconstruction
of the hut for which the permit was issued, report the matter in
white paper typed or written in ink to the Secretary, specifying
the date of completion.
(2) The Secretary shall,
if satisfied that the construction or reconstruction is as per the
permit granted, issue occupancy certificate not later than 10 days
from the date of receipt of the report. |