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Every Development Authority/Planning Authority under the broad umbrella of the West Bengal Town and Country (Planning & Development) Act, 1979 and its relevant Rules issues Development Permission to any person or body intending to carry out any development within its jurisdiction.

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It has to be borne in mind that both the below two permissions together constitute the Development Permission which is required to be taken by an applicant as per section 46 of the West Bengal Town & Country (Planning & Development) Act, 1979. However an applicant can take the permission of “Land Use Compatibility” first and “Carrying out any other Development under this Act” later on, but under no circumstances can an applicant take the permission of “Carrying out any other Development under this Act” without getting the permission of “Land Use Compatibility”. Also the provision of Section 48 of the West Bengal Town and Country (Planning & Development) Act, 1979 will be applicable in this case.

Land Use Compatibility

which primarily deals with the Institution of Use or Change of Use of land in conformity with the approved and notified LUDCP of the Development Authority/Planning Authority

Carrying out any other Development under this Act

which primarily deal with the regulations of buildings as per provisions of the approved and notified LUDCP of the Development Authority/Planning Authority and or Building Regulation of the Local Self Governments.

The proposed Land Use of the Applicant has to be compatible with the Land Use as given in the approved and notified LUDCP of the Development Authority/Planning Authority for issuance of LUCC, otherwise no LUCC will be given and the Question of Levy of development charges will not arise.