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About
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I. Background
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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. However it has been noticed that different Development
Authorities follow different workflows and procedures for the issuance of Development Permissions which sometimes
can be a lengthy and cumbersome ordeal. Therefore to have a uniform procedure the existing procedures of issuance of
Development Permission have been simplified and made uniform for all the Development and Planning Authorities.
Efforts have been made to shorten the processing period for issuing development permission. The Operational Guideline
has been devised keeping in mind a uniform and fluid workflow to diminish the timelines and minimize procedural delays
and its integration with the online portal of "e-Anumati".
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II. Sections of The West Bengal Town & Country (Planning & Development) Act, 1979
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Chapter VI Section 31 sub-section (1) "A Planning Authority or Development Authority shall, within two years
of the declaration of a Planning Area, prepare a plan (hereinafter called the [Land Use and Development Control Plan]
for the Planning Area and forward a copy thereof to the State Government;……."
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Section 31 sub-section (2) "The [Land Use and Development Control Plan] in any area shall be a written
statement,–
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(a) formulating the policy and the general proposals including maps of the Planning Authority or the Development
Authority in respect or the development and general use of land in that area including measures for the
improvement of the physical environment;
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(b) Stating relationship between these proposals and general proposals for the development and general use of
land in neighboring areas which may be expected to affect the area; and …."
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Section 31 sub-section (4) "The [Land Use and Development Control Plan] may also–
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(a) (i) indicate broadly the manner in which the Planning Authority or the Development Authority proposes
that land in such area should be used;…….
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(b) allocate areas or zones of land for use–
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(i) for residential, commercial, industrial, agricultural, natural scenic beauty, forest, wild life, natural
resources, fishery and landscaping;
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(ii) For public and semi-public open spaces, parks and playgrounds;
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(iii) For such other purposes as the Planning Authority or the Development Authority may think fit;……
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(d) include regulations (hereinafter called Zoning and sub-division regulations) to control within each zone the
location, height, number of storeys and size of buildings and other structures, the size of yards, courts and
oilier open spaces and the use of buildings, structures and land and subdivision of land and the street
alignments, set back distances, embankments, constructional activities destroying natural scenic beauty and
provide for amenities in hill areas and coastal areas and such other issues as may be considered appropriate
by the Authority;……"
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Chapter IX
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Section 102.(1) In accordance with the provisions of this Act and the rules made thereunder and with the previous
sanction of the State Government, every Planning Authority or Development Authority shall, by notification, levy a
charge (hereinafter called the development charge) on the carrying out of any development or change of use of land, for
which permission is required under Chapter VII, in the whole or any part of the planning area at rates not exceeding
those notified under section 103:….
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Section103. The State Government shall by notification fix up the rates of development charge for the following:
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(a) for the institution of use–
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(i) for residence,
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(ii) for industry,
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(iii) for commerce,
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(b) for change of use–
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(i) from agriculture to residence,
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(ii) from agriculture to industry,
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(iii) from agriculture to commerce,
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(iv) from residence to industry
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(v) from residence to commerce,
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(vi) from industry to residence,
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(vii) from industry to commerce, and
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(c) for carrying out any other Development under this Act.
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The Planning Authority and Development Authority (Levy of Development Charges) Rules, 1980
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Rule 3. Assessment of development charges–Development charge shall be assessed and levied separately on
the institution of use, change of use and carrying out development by erection or re-erection of any building or
works.
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Rule 4. Determination of the rates of development charges–The Authority shall, by notification published in
the Official Gazette, levy a development charge on the carrying out of any development or change of use of land,
for which permission is required under Chapter VII of the Act, in the whole or any part of the planning area at rates
not exceeding those specification of section 103 of the Act :
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Provided that the rates may be different for different parts of the planning area and the Authority in assessing the
development charges shall take into account the land value or the building value generally, as the case may be, in
the local area before arriving at the rate of development charge for such area.
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Rule 5. Mode of application for permission–Any person who intends to carry out any development or change of
use of land shall apply to the Authority for permission in Form 1 for the assessment of development charge payable
in respect thereof before 30 days of the commencement of the proposed development or change of use of any land
or building.
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Rule 6. Determination of development charges–The Authority shall, on such application being made or if no
such application is made, after serving a notice in writing on the person liable to such payment, determine whether
or not and if so, what development charge is leviable in respect of the development or institution of use or change
of use of land or building and issue a provisional notice of demand for the payment of development charge to the
owner or occupier in Form 2.
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Rule 7. Final assessment of development charges–The Authority after taking into consideration the objection,
if any, filed by such person in respect of the provisional notice served, shall finally assess the amount of development
charge payable by such person and issue a notice in writing of such assessment in Form 3.
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Rule 8. Payment of development charges–A person on receipt of the final assessment order under rule 7 shall
be liable to pay to the Authority the development charge assessed within 30 days from the date of communication
of the assessment order.
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III. From the above statutes it is clear that there are broadly two parts for the issuance of development
permissions:
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(a) 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
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(b) 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.
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Note1: …It has to be borne in mind that both the above 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.
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Note2: 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. The Development Charges are
to be levied on the basis of the following Points :
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a) If the Land is vacant in the adopted and notified LUMR and the proposed use in anything other than vacant,
then Institution of Use will be charged.
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b) If the Land Use in the LUMR is anything other than vacant and the proposed land use as sought by the
applicant is something other than the land use specified in the LUMR, then Change of Use will be applicable.
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c) However in no case both Institution of Use and Change of Use will be charged simultaneously.
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d) If the Land Use as shown in the LUMR and the proposed Land Use as sought by the applicant are the same
then there won’t be any Levy of Development Charge
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e) Points a)-e) is applicable for calculation of the Levy of development charges for issuance of LUCC.
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f) For Calculation of Development charges for carrying out any other Development (for carrying out development
by erection or re-erection of any building or works) assessment is to be done on volumetric content of
Building.( in Mt cube)
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IV. Broad overview of the Application process
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1. For Land Use compatibility :
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Step 1: Applicant needs to apply for Development Permission for LUCC along with necessary documents.
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Step 2: Then documents submitted are verified and land use compatibility and other aspects like site verification,
land & legal issues are checked by the authority at different levels.
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Step 3: If required, authority may ask for more information from the applicant.
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Step 4: Finally, either the application is sanctioned or rejected. If sanctioned, applicant would be asked to
deposit Development Charges and subsequently on payment of the requisite Development Charges,
Development Permission Certificate for land use compatibility would be issued with or without condition.
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2. For Carrying out any other Development by erection or re-erection of any building or works under
this Act
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Step 1: Applicant needs to apply for Development Permission along with necessary documents, Maps, Plans
etc. along with reference of the approved LUCC.
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Step 2: The documents/Maps/Plans submitted are verified as per the provisions of the Regulations of Local
Self Governments and/or Development Control Regulations (DCRs) of the LUDCP and other aspects like site
verification, land & legal issues are checked by authority at different levels.
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Step 3: If required, authority may ask for more information from the applicant
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Step 4: Finally, either the application is sanctioned (with or without conditions) or rejected. If sanctioned,
applicant would be asked to deposit Development Charges and subsequently on payment of the requisite
Development Charges, Development Permission Certificate for carrying out any Development by erection or
re-erection of any building or works would be issued.
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