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143. Power of the Secretary to regularise
certain constructions.- The Secretary shall have the power
to regularise construction or reconstruction or addition or alteration
of any building or digging of any well or telecommunication tower
or any structure or land development or any work for which permission
of the Secretary is necessary under this rule commenced, being
carried on or completed without obtaining approved plan or in deviation
of the approved plan:
Provided
that such construction or reconstruction or addition or alteration
of any building or digging of any well shall not be in violation
of any of the provisions of the Act or these rules.
Provided
further that such power shall not relieve the Secretary of his responsibility
in detecting and preventing such work and in taking other actions
as per these rules:
Provided
also that where the construction or work was commenced, being carried
on or completed after the statutory period specified in rules 15,
97, 126 or 141 and as per rules, such construction or work shall
be considered as duly permitted and not one requiring regularization.
144. Submission of application and procedure
for its disposal.- (1) Application for regularization shall
be submitted in the form in Appendix A.
(2)
The application for regularization shall be accompanied by documentary
evidence of ownership of plot, site plan, elevation, building plan,
service plan, parking plan wherever the building requires parking,
and other details and specifications as are necessary in the case
of an application for new building permit; in the case of deviation
from approved plan, the approved plan and permit already obtained
shall also be submitted.
(3)
The procedure for disposal of an application for regularization shall be that followed in the case of an application for new permit.
145. Application fee.- The application
fee shall be as specified in schedule I.
146. Decision to be intimated.- (1)
The Secretary shall by written order either grant or refuse to grant
regularization.
(2)
The Secretary shall, if the decision is to grant regularization intimate the fact to the applicant in writing specifying the amount
to be remitted as compounding fee and the period within which the
amount has to be remitted.
(3)
The Secretary shall, on receipt of the compounding fee, and compliance
of the condition, if any specified, issue order as in Appendix-I
absolving the person from all liabilities and regularizing the construction,
and record the details thereof in a register to be kept as a permanent
documents in the form in Appendix-J.
[(4)
The compounding fee shall be double the amount of the permit fee
in force:
Provided
that in the case of deviated or additional construction only the
area so deviated or added shall be considered for the calculation
of compounding fee].
(5)
The Secretary shall, if the decision is to refuse regularisation,
intimate the fact to the applicant specifying the reasons for such
refusal and the period within which such building or part of building
has to be demolished or the well filled up:
Provided
that an application for regularisation shall be refused only on
such grounds on which approval of site or permission [ x x x ]
may be refused.
147. Demolition of buildings not
regularized.-
(1) Where the owner fails to the building or structure or part
thereof or fill up the well as directed in the order refusing regularisation
or fails to remit the compounding fee within the time specified,
or fails to comply with any condition stipulated in the order granting
regularisation within the time specified, the Secretary shall
himself cause the building or structure or part
thereof demolished
or the well filled up as the case may be, and the expenses therefore
shall be recovered from the owner as if it were an arrear of property
tax due under the Act:
Provided
that in the case of an order refusing regularisation, the building
or part thereof shall not be demolished or well filled up or prosecution
initiated as in sub-rule (2) until and unless the time prescribed
for filing appeal from such an order has not been expired.
(2)
Notwithstanding anything contained sub-rule (1), Secretary may also
take prosecution proceedings against the owner.
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