14. Development of land in the developed area -

(1) After the declaration of any area as development area under section 3, no development of land shall be undertaken or carried out or continued in that area by any person or body (including a department of Government) unless permission for such development has been obtained in writing from the [ViceChairman of the concerned Local Development Authority /Person(s) or Officer(s), designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be] 3 in accordance with the provisions this Act.

(2) After the coming into operation of any of the plans in any development are no development shall be undertaken on carried out or continued in that area unless such development is also in accordance with such plans.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the following provisions shall apply in relation to development of land by any department of any State Government or the Central Government or any local authority--

(a) when any such department or local authority intends to carry out any development of land it shall inform the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be] 4 in writing of its intention to do so, giving full particulars thereof, including any plans and documents, at least 30 days before undertaking such development; 

(b) in the case of a department of any State Government or the Central Government, if the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 has no objection, it should inform such department of the same within three weeks from the date of receipt by it under clause (a) of the department’s intention and if the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 does not make any objection within the said period the department shall be free to carry out the proposed development;

(c) where the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 raises any objection to the proposed development on the ground that the development is not in conformity with any master plan or zonal development plan prepared or intended to be prepared by [Town and Country Planning Department or any other agency appointed/ nominated by the State Authority]2 or on another ground, by [Town and Country Planning Department or any other agency appointed/ nominated by the State Authority]2 , as the case may be, shall—

(i) either make necessary modifications in the proposal for development to meet the objections raised by the[Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 ; or

(ii) submit the proposals for development together with the objections raised by the [Vice-Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 to the State Government for decision under clause (d);

(d) the State Government, on receipt of proposals for development together with the objections of the [Vice Chairman of the concerned Local Development Authority/ Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]1 may either approve the proposals with or without modification or direct the department or the local authority, as the case may be, to make such modifications as proposed by the Government and the decision of the State Government shall be final; 

(e) the development of any land begun by any such department or subject to the provisions of section 59 by any such local authority before the declaration referred to in sub-section (1) may be completed by that department or local authority with compliance with the requirement of sub-sections (1) and (2).

15. Application for permission-

(1) Every person or body (other than any department of Government or any local authority) desiring to obtain the permission referred to in section 14 shall make an application in writing to the [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be] 3 in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by [bye-laws]1 .

(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed by rules.

[(2-A) The [Local Development Authority or the State Authority] 4 shall be entitled to levy development fees, mutation charges, stacking fees and water fees in such manner and at such rates as may be prescribed :

Provided that the amount of stacking fees levied in respect of an area which is not being developed or has not been developed, by the [Local Development Authority or the State Authority] 4 shall be transferred to the local authority within whose local limits such area is situated.]2

(3) On the receipt of an application for permission under sub-section (1), the [Vice-Chairman of the concerned Local Development Authority /Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be] 5 after making such inquiry as it considers necessary in relation to any matter [***]6 shall by order in writing either grant the permission, subject to such conditions, if any as may be specified in the order or refuse to grant such permission :

Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused :

Provided further that the [Vice-Chairman of the concerned Local Development Authority /Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 may before passing any order on such application give an opportunity to the applicant to make any correction therein or to supply any further particulars of documents or to make good any deficiency in the requisite fee with a view to bringing it in conformity with the relevant rules or regulations :

[Provided also that before granting permission, referred to in section 14 the [Vice-Chairman of the concerned Local Development Authority /Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 may get the fees and the charges levied under sub-section (2-A) deposited.]2

(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant.

(5) Any person aggrieved by an order sub-section (4) may appeal to the [Chairman]1 against that order within thirty days from the communication thereof and may after giving an opportunity or hearing to the appellant and if necessary also to the representative of the [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be] 4 either dismiss the appeal or direct the [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]4 to grant the permission applied for with such modifications or subject to such conditions, if any as may be specified.

(6) The [Vice-Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]4 shall keep in such form as may be prescribed by regulations a register of applications for permission under this section.

(7) The said register shall contain such particulars, including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations. 

(8) Where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 may, on an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (4) direct refund of such portion of the fee as it may deem proper in the circumstances of the case.

[(9) If at any time after the permission has been granted under sub-section (3), the [Vice Chairman of the concerned Local Development Authority / Person(s) or Officer(s) designated to perform the functions under this Act, of the Urban Local Bodies and Village Panchayats declared as Local Development Authority/ Local Authority under this Act or the State Authority, as the case may be]3 is satisfied that such permission was granted in consequence of any material mis-representation made or any fraudulent statement or information furnished, he may cancel such permission, for reasons to be recorded in writing and any work done thereunder shall be deemed to have been done without such permission :

Provided that a permission shall not be cancelled without affording to the person or body concerned a reasonable opportunity of being heard.]1

15-A. [Completion certificate 

(1) Every person or body having been granted permission under sub-section (3) of section 15, shall complete the developments according to the approved plan and send a notice in writing of such completion to the [Local Development Authority or the State Authority as the case may be] 4 and obtain a completion certificate from the [Local Development Authority or the State Authority as the case may be] 4 in the manner prescribed or provided in the bye-laws of the Authority :

Provided that if completion certificate is not granted and refusal to grant it is not intimated within three months after receipt of the notice of completion, it shall be deemed that the completion certificate has been granted by the [Local Development Authority or the State Authority as the case may be] 4 .

(2) No person shall occupy or permit to be occupied any commercial building or use or permit to be used such building or part thereof affected by any work unfit--

(a) completion certificate has been issued by the[Local Development Authority or the State Authority as the case may be] 4 ; or

(b) [Local Development Authority or the State Authority as the case may be] 4 has failed for three months after the receipt of the notice of completion to intimate its refusal of grant of the said certificate.

Explanation—

For the purposes of this section the expression “commercial building” shall have the meaning assigned to it in the Uttar Pradesh Municipal Corporation Act, 1959.]2 

16. Uses of land and buildings in contravenetion of plans -

After the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan :

Provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed by bye-laws made in that behalf, any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force.