GRANT OR REFUSAL



 Grant or Refusal of Permit 

7.1 Applications for development or  redevelopment of land or erection, reerection of making material alterations of buildings shall be submitted to the RMC. The RMC shall verify the facts given in the Application and Annexure from Technical, Administrative and Legal point of viewThe RMC shall ensure that if adequate guarantee has been  obtained from the owner for carrying out the building activity as per the specifications. prescribed {see Bye-law No. 5.2(iv) & 5.3.1(iv)} The RMC may either sanction or refuse the proposals or may sanction them with such modifications or directions as it may deem necessary thereupon and communicate the decision to the owner as in Proforma given at Appendix’E’ 

7.2 If within sixty days after the receipt of an  application for a development permit and within four months after the receipt of application for a building permit, the RMC fails to intimate in writing to the person, who has given the notice regarding the application, of its refusal or sanction, the application with its annexure shall be deemed to have been sanctioned, provided that the fact is immediately brought to the notice of the RMC in writing by the person who has given such notice and who has not received any intimation from the RMC within 30 days of giving such written notice. Subject to the condition mentioned in the Bye-law, nothing shall be construed to authorize any person to do any thing in contravention of the terms of lease or titles of the land or against any other regulations, bye-laws or ordinances operating on the site of work. 

7.3 The RMC shall verify the facts of the  submitted application and plan and once it is scrutinized, the objections shall be pointed out and communicated to the owner/Licensed engineer the owner/licence engineer giving application shall modify the plan/ statements to comply with the objections raised and resubmit within fifteen days of issuance of such notice. The RMC shall scrutinize the resubmitted plan and if there be further objections which are not complied / rectified, the applicant will be served with a notice giving one month (30 days) time for resubmission of modified proposal and if this time also applicant fails to comply, the  proposal /application /plans will be rejected without further notice. 

7.4  In the case of refusal, the RMC shall quote the reasons and relevant provisions of the Byelaws which the plans contravene. The  RMC shall, as far as possible advise on all the objections to the plans and specifications in the first instance itself and try to ensure that no new objections are raised when they are resubmitted after compliance of earlier objections provided the modification in the proposal dose not give rise to new type of objections. 

7.5 Board of appeals : In order to determine the suitability of alternative meterials or methods of design or construction and to provide for reasonable interprretation of the provisions of the Bye-laws, especially in the case of refusal of Building/ Development Permit, a Board of Appeal consisting of an engineer, Architect, Town Planner from Government, Commissioner of the Divison as Chairman shall be appointed by the Authority. 

7.6 EVERY LAND OWNER OR BUILDER HAS TO DISPLAY/KEEP AVAILABLE THE RMC SANCTIONED MAPS ON THE SITE DURING THE  CONSTRUCTION OF THE BUILDING. 

8. Duration of Sanction: 

8.1 The sanction once accorded shall remain valid up to three years during which period a completion certificate shall have to be submitted by the party concerned and if this is not done, the building/development permit shall be got revalidated before the expiry of this period. Revalidation shall be subject to the rules then in force and shall be valid for a further period of three years. and revalidation fee shall be 35 percent of the full fee in force at the time of application for revalidation. If the application for revalidation is filed after the expire of three years, the sanction plan may be revalidatited for the next three years counting from the date of expiry of the orginal sanctioned period with the revalidation fees of 35 percent plus 15 percent additional fees per year for the late filing. The total period of sanctioned plan will not exceed six years form the date of orginal sanction in any case. The revalidation will be refused in case of change in the bye-laws.  

9. Notice for Commencement of work: 

9.1 The owner, upon commencement of his work under building permit or for development of land shall give notice in prescribed proforma, given in Appendix’F’ to the RMC that he is starting the work and the RMC shall cause inspection of the work to be made within 14 days following the receipt of notice. Particularly in the multistoried building the owner shall inform RMC again when his building comes up to plinth level(before starting super structure) that to verify the building is being constructed as per sanction plan. RMC will inspect within ten days after the receipt of the notice. 

10. Deviation during Construction: 

10.1 During the course of construction of the  building if any deviation excluding those  mentioned in Bye-law 4.5 from the sanctioned plan is intended to be made permission of the RMC shall be obtained before the proposed deviation is executed. It shall be incumbent upon every person, whose plans have been approved, to submit amended plans for any deviation he proposes to make. The procedure laid down for other documents hereinbefore shall apply to all such amended plans and the fees shall be as per Bye-law no. 6.4.1 (c).  

10.2 Condonation for minor deviation: 

 The RMC shall have the power to  condone minor deviations made in course 

of execution on the basis of sanctioned plan  subject to the condition hereinafter laid down. The term “minor deviation” shall be interpreted in terms of the provisions of Appendix-’L’ The conditions for such condonation will be: - 

(a)  that the said minor deviation asked to be condoned does not affect the Master plan. 

(b)  that the deviation is strictly within the definition of “Minor Deviation” 

(c) that the condonation will be considered  only when the owner of the building or  the person at whose instance the  execution of the said building has been  made, applies in writing, for such  condonation and agrees to pay  condonation fee and such fees in advance to the RMC. 

(d)  That the rate of condonation fee shall  be  as per the rates stated in  Appendix ‘L’. The rates will be subject  to revision by the RMC as and when  considered necessary.

(e)  that the condonation fee will be deemed to be public demand within the meaning of the Bihar Public Demand and Recovery Act as such. 

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