UDCPR 2020 Rules for Discretionary Powers - Interpretation Relaxations Drafting Error
UDCPR 2020 Rules for Discretionary Powers – Interpretation Relaxations Drafting Error
Chapter 2 of the UDCPR 2020 focuses exclusively on Development Permission, highlighting the mandatory requirement of obtaining permission from the planning authority before commencing any construction activities. The chapter details the step-by-step procedure for acquiring Development Permission, Building Permission, or Commencement Certificate. It discusses the discretionary powers of the planning authority, including interpretations, relaxations in specific cases, and addressing drafting errors.
The chapter also covers the criteria and process for granting or refusing permission based on zoning regulations, safety standards, and environmental considerations. Additionally, it outlines procedures for commencing work, conducting inspections during construction, and obtaining Completion, Occupancy, and Part Occupancy Certificates. The chapter addresses safety measures, inspections for unsafe buildings, and penalties for non-compliance with permissions, including circumstances under which permissions may be revoked.
UDCPR 2020 Regulations apply to the building activities and development works on lands within the jurisdiction of all Planning Authorities and Regional Plan areas except Municipal Corporation of Greater Mumbai, other Planning Authorities / Special Planning Authorities / Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, (1) Chikhaldara notified area (consisting Chikhaldara Hill Station M.C. & four villages) Ecosensitive / Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra.
These Regulations shall also be applicable to the Town Planning Scheme area. However, this will not bar the Development Permission to be granted as per the Regulations of the Town Planning Scheme intoto.
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UDCPR Rule 2.3 DISCRETIONARY POWERS – INTERPRETATION
In conformity with the intent and spirit of these Regulations, the Authority may by order in writing –
i) Decide on matters where it is observed that there is an error in any order, requirement decision, and determination of interpretation made by him or by an Officer authorized by him in the application of these Regulations.
ii) Decide the extent of the proposal of Development Plan / Regional plan with respect to S.No. / Gut No. / CTS No. / Block No. / Barrack No. / Unit No., where boundaries shown on Development Plan / Regional plan varies with the boundaries as per revenue record / measurement plan / City Survey sheets etc.
iii) Determine and establish the location of zonal boundaries in cases of doubt or controversy;
iv) Decide the alignment of Development Plan road / Regional plan road where the street layout actually on the ground varies from the street layout as shown on the Development Plan / Regional plan;
v) Correct the alignment of Blue and Red flood line on Development Plan / Regional plan where it varies with the said lines given by the Irrigation Department or any other Govt. institutions dealing with the subject, from time to time;
(#) vi) Modify the limit of a zone where the boundary line of the zone divides a plot. In such cases, the zone covering area more than 50% shall be considered;
vii) Authorize the erection of a building or use of premises for a public service undertaking for public utility propose only, where he finds such an authorization to be reasonably necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.
viii) Interpret the provisions of these Regulations where there is clerical, grammatical mistake, if any.
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UDCPR Rule 2.4 DISCRETIONARY POWERS – RELAXATIONS IN SPECIFIC CASES
In specific cases where clearly demonstrable hardship is caused, the Authority may permit any of the dimensions / provisions prescribed by these regulations to be modified provided the relaxation sought does not violate the health safety, fire safety, structural safety, and public safety of the inhabitants of the buildings and the neighbourhood. No relaxation in the setback required from the road boundary or FSI or parking requirements shall be granted under any circumstances, unless otherwise specified in these Regulations.
While granting permission under these regulations, conditions / restrictions / limitations may be imposed on size, cost or duration of the structure, abrogation of claim of compensation, payment of deposit and its forfeiture for non-compliance and payment of premium, as may be prescribed by the Authority, if required.
In areas of Municipal Councils and Regional plan, such relaxation shall be granted in consultation with concerned Divisional Joint Director of Town Planning.
Notwithstanding anything contained in any Government Order, Government Resolution, Government Notification, etc. issued from time to time regarding powers of relaxation in Development Control and Promotional regulations, the above provision shall prevail.
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UDCPR Rule 2.5 (#) DRAFTING ERROR
Drafting errors in Development / Regional Plan which are required to be corrected as per actual situation on site or as per the city survey record or sanctioned layout etc. may be corrected by the Authority, after due verification, in case of Municipal Councils Regional Plan areas, this shall be done after consultation with the Divisional Joint Director of Town Planning.
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