HMDA Act 19Chapter V · Promotion of Development and Use of Lands

Section 19 · Development permission mandatory for undertaking development

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- Subject to the provisions of this Act, no development or institution of use or change of use of any land shall be undertaken or carried out in the metropolitan region,-

(1)

without obtaining a Development Permission Order from the Metropolitan Development Authority:-

(i)

certifying that the proposed development is in conformity with the metropolitan development plan and investment plan or area level development plan or where there is no such plan, such a scheme be integrated with the surrounding area and rules/regulations;

(ii)

subject to development conditions that are applicable and required to be complied;

(iii)

the development charges as leviable under this Act and other fees and charges leviable have been paid to the Metropolitan Development Authority.

(2)

without obtaining a building permission from the local authority in case of developments involving civil construction in accordance with the relevant local body Act, rules, regulations, orders, bye-laws and which shall be in conformity with sub-section (1) and conditions therein:Provided that no such permission shall be necessary,-

(i)

for carrying out such works for the maintenance of a building or land that do not materially alter or affect the building or land;

(ii)

for agriculture purpose and for the excavation (including wells, bore wells) made in the ordinary course of agricultural operations and for the construction of unmetalled road intended to give access to land solely for agricultural purposes;

(iii)

In case of the following developments of the Government whether temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the public utility services, viz.,-

(a)

Railways;

(b)

National Highways, State Highways & Major District Roads;

(c)

Works undertaken by the Metropolitan Planning Committee/ District Planning Committee/ Special Area Planning and Development Committee/ Metropolitan Development Authority / Municipal Corporation / Municipal Council / District Administration/ Zilla Praja Parishad/ Mandal Praja Parishad/ Gram Panchayat;

(d)

Waterways;

(e)

Airways & Aerodromes;

(f)

Defence;

(g)

Oil and Natural Gas Commission;

(h)

Posts and Telegraphs, Telephones Department, Wireless, broadcasting and other like forms of communications;
(i)Electricity;

(j)

any other service which the Government may declare to be a public utility service from time to time for the purpose of this section:
Provided that the said public utility services shall intimate in writing and file the necessary detailed plans, site plans layout plans and building plans for information and record of the Metropolitan-Commissioner.

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