INDIA Law and Practice Contributed by: Vivek Chandy, Archana Tewary, Kumarmanglam Vijay and Megha Arora, JSA
4.5 Right of Appeal Against an Authority’s Decision
Zoning regulations sometimes have provisions for the protection and preservation of proper - ties identified as heritage properties. Consents from the pollution control board, environmental department, fire department, airport authority, water supply and sewerage board and electric - ity board are also required. 4.3 Regulatory Authorities There is no single regulatory authority or statute to govern the entire real estate sector, so the rel - evant authorities have been covered separately hereinabove. 4.4 Obtaining Entitlements to Develop a New Project An application must be submitted to the juris - dictional municipal or planning authority along with all relevant title documents, plans/designs/ drawings of the development and in-principle approvals from the relevant authorities. Once it is satisfied that the building will com - ply with building by-laws once constructed, the municipal/planning authority provides consent. In some jurisdictions, a certificate is also often issued by the municipal/planning authority after the pillars are constructed, confirming that the construction has commenced in compliance with the sanctioned plan. After completion of the development, the munic - ipal/planning authority also issues a certificate confirming that the building is fit to be occupied. Although minor deviations may be compound - ed by collecting a fee, major deviations in the development may result in the project not being issued a completion certificate.
The applicable town and country planning/ municipal statutes prescribe the timelines within which planning authorities are required to grant approval or reject plans for the development of buildings. Where a plan submitted for approval to the authority has been rejected or not expressly approved, the applicant may prefer an appeal to a higher authority, which is required to grant or reject the application within a prescribed time period. Where no response is received, the plan is often deemed to have been approved, although such deemed approval is not pre - ferred and developers still seek to receive writ - ten approvals. In the event of any arbitrary action being initiated by a planning authority, the aggrieved party can approach a High Court, invoking its high pre - rogative writ jurisdiction. 4.6 Agreements With Local or Governmental Authorities Government entities enable parties to procure land for the development of strategic projects/ areas – whether industrial, commercial or resi - • development agreements whereunder the developer is required to develop the property and is entitled to lease/sell built-up spaces in favour of third parties; or • lease-cum-sale agreements. The property is conveyed in favour of the allottee only upon compliance with the conditions in the agreements. dential – by entering into: • concession agreements;
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