12. Approval of site and plans and issue of permit where excavations to a depth of more than 1.5 metres is involved

(1) In the case of constructions/land developments which involve any earthwork excavation to a depth of more than 1.5 metres, if the depth ofcutting is more than the horizontal distance of such cutting from the plot boundary, the following provisions shall apply: Provided that, such provisions are not necessary in cases where such excavation is  carried out for construction of structures such as wells, septic tank, recharge pits, drainage works, compound walls and the like.

(2) The application for Development and/or building permit shall be submitted by the applicant as per the provisions of these rules, along with a certificate of the Architect, Building Designer, Engineer, Town Planner, Supervisor as the case may be, who has prepared and signed the plans, drawings, statements etc as to whether permit as envisaged under rule 12 is required.

(3) The application for permit shall also include sufficient copies of.- 

(i) dimensioned plan(s) and sectional drawing(s) showing the levels and depths of cutting at all places in respect of excavations for building construction and land development works;

(ii) drawings, specifications and details of temporary and permanent protective measures proposed; and

(iii) drawings, specifications and details of slabs, beams, columns, retaining walls etc. proposed at the ground floor level and below;

(iv) details of piles if any, including their drawings, specifications, erection methods and the like.

(4) The Secretary shall issue permit as laid down in these rules. Provided that, if any changes or deviations are to be made, it shall satisfy the provisions of these rules and the same shall be intimated to the Secretary with revised drawings, specifications and details as the case may be.

(5) The Secretary shall supply copies of the details specified in sub rule (3) above and the permit to the adjoining land owners.

(6) Any written complaint received after the date of issue of the permit(s) from owners or occupants in the adjoining properties on the actual or possible damages to their life and property shall be acted upon by the Secretary as per the provisions in this rule.

(7) Once the earthworks and/or constructions upto the ground level are completed as per the approved plans, the applicant may in writing intimate the same to the Secretary  and request for concurrence for carrying out rest of the works. No construction shall be carried out above the ground level until the Secretary issues such concurrence as in Appendix C1.

(8) The Secretary shall, if convinced that the works are carried out satisfactorily as per the permit(s) and provisions of this rule and no written complaint is received as in sub rule (6), issue concurrence as in Appendix C1 for carrying out the remaining works above the ground level as per approved plans within 7 days .

(9) If any complaint is received as in sub rule (6), the Secretary shall,-
(i) refer the matter within 5 days to the Technical Expert Committee constituted as per sub rule (13) and convene a meeting of the Committee,

(ii) intimate the nature of complaints to the applicant and call for details and  explanation if so desired by the Committee,

(iii) arrange for site inspections, hearing of the applicants and/or petitioners, verification of records and arrange for tests if so required by the Committee and

(iv) take up further action as per the recommendations of the Committee. (10) The applicant(s) and/or the petitioner(s) shall attend the hearing and shall also produce any details called for within the time specified, if so required by the Committee or  the Secretary on its behalf.

(11) The Committee shall evaluate the damages and fix the compensation and/or suggest further protective measures, if any, to be taken by the applicant to solve the issues raised by the petitioner(s). The amount of compensation shall include the actual cost of restoration as decided by the Committee and an additional 30% as solatium.

(12) Concurrence shall be issued by the Secretary, after ensuring that the protective measures are carried out to the satisfaction of the Committee and the compensation is paid by the applicant as per the decision of the Committee. The actual expenses of the Committee as intimated by the Secretary shall be paid by the applicant.

(13) For the purpose of this rule, Government may, constitute Panchayat level Technical Expert Committee(s) comprising of the Secretary (convener), an officer not below the rank of an Assistant Engineer of the Engineering wing of Local Self Government Department having jurisdiction over the area and two experts, one each in Structural Engineering and Geotechnical Engineering (to be nominated by the Government) to assess the damage, suggest protective measures and fix the compensation. The process of the Committee shall be completed within 3 weeks.