Under DEVELOPMENT OF LAND AND CONSTRUCTION OF BUILDING

Approval of Building Permissions.

174. No piece of land shall be used as a site for the construction of a building, and
no building shall be constructed or reconstructed, and no addition or alteration
shall be made to an existing building without the self certification based
declarations or the required approval in the manner prescribed, relating to the use
of building sites or the construction or reconstruction of buildings:

(3) The onus to ensure authenticity of self-certification and compliance with the
self-certification lies with the applicant, who shall be held personally accountable
and liable in case of false declaration and action shall be initiated against the said
person, as prescribed.

(4) The owner or developer shall along with the building application form, submit
an undertaking that in case of any actual construction made by him or her in
violation of sanctioned plan, the Government or the Commissioner or the Agency
authorized by him or her shall take-up the demolition without issuance of any
notice. Further, the District level committee may verify the documents so
submitted, and in case of any misrepresentation or false statement, the action shall
be taken as prescribed.

(5) Citizens shall be encouraged to bring to the notice of municipality and district
collector cases where unauthorized construction or construction in violation of or
in excess of permissions, in a manner prescribed. The identity of such informers
shall be kept confidential. All such cases shall be examined within a week from
such information and appropriate action initiated. The informant shall be
incentivized in all such cases where the information furnished by him is found to
be correct.

175. (1) In case of non-high rise buildings constructed in plots above 200 square
meters and less than 500 square meters, the Occupancy Certificate will be issued
through online based on the Self Certification submitted by the Owner or Builder
in the prescribed proforma duly attested by the Licensed Technical Personnel,
stating that the building has been constructed as per the sanctioned plan and as per
rules and regulations in force. Occupancy Certificate. 132 [Act No.11 of 2019]

(2) The onus to ensure authenticity of self-declaration and compliance with the
Self-Certification lies on the Owner, Applicant and Licensed Technical Personnel,
who shall all be held personally responsible and accountable in case of false
declaration, and the Owner, Applicant and the Licensed Technical Personnel will
be liable for punishment as indicated in section 177.

(3) In case of High rise buildings and buildings constructed in plots 500 square
meters and above the applicant shall submit online Self Certification in the
prescribed proforma duly attested by the Licensed Technical Personnel, that the
building has been constructed as per the sanctioned plan and as per rules and
regulations in force and based on the Self Certification, Occupancy Certificate and
mortgage shall be issued within 15 days from the date of receipt of application.

Penalty for misrepresentation of the facts.

177. The onus to ensure authenticity of self-declaration and compliance with the
self-Certification lies with the owner, applicant and Licensed Technical Personnel.
He/she will be held personally responsible and accountable in case of false
declaration, the applicant and the Licensed Technical Personnel will be liable for
punishment which includes imprisonment up-to three years, levy of penalty,
demolition or taking over or sealing of the property without any notice besides
cancelling the Licenses of License Technical Personnel (LTP) and forfeiting the
mortgaged plots in case of layout or mortgaged built up area flats in case of
buildings.

Enforcement.

178. (1) Government may constitute special task force at the district level to detect
and monitor the unauthorized constructions and take timely enforcement action in
the manner as prescribed.
(2) Upon detection of construction or reconstruction of any building which has
been commenced without obtaining the permission of Commissioner or carried out
or completed otherwise than in accordance with the sanctioned Master Plan or
Detailed Town Planning Scheme or Local Area Plan or in breach of any of the
provisions of this Act, or any rule or regulation or bye laws made under this Act,
the Commissioner or the Agency authorized by him shall take up the demolition of
the unlawfully executed work and recover the cost incurred for doing so, from the
owner.

(3) The Registration Authority shall not register any Building or Structure or part
of the Building without the production of sanctioned plan approved by the
Municipality.

(6) Whenever a complaint or case is brought by any Citizen regarding the

unauthorized construction or constructions in deviation to the sanctioned plan as
mentioned in section 174(5), it shall be examined within a week from its receipt
and necessary action initiated.

(8) The Commissioner shall take action on unlawful building, as prescribed and
shall issue orders to vacate or demolish building in certain circumstances, as
prescribed.

Penalties

180. (1) Penalty for unlawful Buildings

,- Notwithstanding anything contained in this Act, any person who, whether at his
own instance or at the instance of any other person or anybody including a
department of the Government, undertakes or carries out construction or
development of any law in contravention of the statutory Master Plan or without
permission, approval or sanction or in contravention of any condition subject to
which such permission, approval or sanction has been granted shall be punished
with imprisonment for a term which may extend to three years, or either fine which
may extend to twenty five percent (25%) of the value of land or building including
land in question as fixed by the Registration Department at the time of using the
land or building:

Provided that the fine imposed shall, in no case be less than fifty per cent of the
said amount besides demolition of the building and recovery of demolition cost
from the owner of the building. (2) Penalty for parking violation

Power to seal unauthorized constructions / development or premises embers of

Municipality.

181. (1) It shall be lawful for the Local Authority at any time, before or after
making an order for the removal or discontinuance of any unauthorized
development of construction under section 178, to make an order directing the
sealing of such development or property, or taking the assistance of the police, for
the purpose of carrying out the provision of the Act.

(2) Where any development or property has been sealed, the Commissioner may,
for the purpose of removing or discontinuing such development or property, order
such seal to be removed.

(3) No person shall remove such seal except,- (a) under an order made by the
Municipal Commissioner; or (b) under an order of the Appellate Tribunal on the
appeal made in this behalf.