HMDA Act 20अध्याय V · Promotion of Development and Use of Lands

धारा 20 · Application for Land Development Permission

(1)

Any person or body intending to carry out any development on any land as a layout or such similar land development scheme shall apply in writing to the Metropolitan-Commissioner for Development Permission containing such particulars and accompanied by such documents, ownership clearance from the revenue authority, fees and plans as may be prescribed and enclosing joint undertaking with a licensed developer, where applicable.

(2)

On receipt of an application for Development permission under sub-section (1), the Metropolitan Commissioner, after making such enquiry as it considers necessary in relation to any matter concerning the Metropolitan Development and Investment Plan and regulations or area development plan or Notified Development Scheme or in relation to any other matter, may issue an order,-

(i)

granting Development Permission unconditionally or subject to such conditions as it may consider necessary, or

(ii)

refusing permission by recording reasons in writing.

(3)

If within ninety days after the receipt of such application made under this section for Development Permission for layout or such similar land development scheme, or of any information or further information required, the Metropolitan Development Authority has neither granted or refused its permission, such permission shall be deemed to have been granted and the applicant after intimating the Metropolitan-Commissioner in writing, may proceed to carry out the development but not so as to contravene any of the provisions of this Act or Metropolitan Development and Investment Plan or Scheme or any rules or regulations made under this Act.

(4)

The Development Permission Order may among other conditions contain the implementation of Metropolitan Development and Investment Plan, road and other communication network system and the area of land affected and to be surrendered free of cost to the Metropolitan Development Authority for development in accordance with the Statutory Plan. In the area so affected in such alignment of the Statutory Plan, road or other communication network system, the area of such affected land in such alignment shall be entitled and reckoned for computation of grant of Transferable Development Right.

(5)

In the case of land pooling scheme and such other similar site development,-

(i)

such layout approval shall be considered only if the same is undertaken through a licenced developer;

(ii)

the licenced developer shall be required to mortgage twenty five percent of the plotted saleable land to the Metropolitan Development Authority as surety for carrying out the developments and complying outer conditions as per specifications and in the given time period, in case of failure, the Metropolitan Development Authority shall be empowered to sell away the mortgaged plots and utilize the amount so realized for completion of the development works.

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