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17.
Deviation during construction and power of Secretary to require
alteration in work.-
(1) The applicant shall,
if he intends to make any deviation from the approved plan or specification
during the execution of any development or redevelopment of land
or construction or reconstruction or alteration of any building,
submit revised plans and drawings showing the@ deviation and obtain
revised permit:
Provided that no permit is necessary for effecting minor deviations
such, as shifting the position of access to plots in the case of
layouts and shifting that position of rooms, stairs, lifts, windows,
doors, or ventilators and their sizes in the case of building constructions
if they do not conflict with these rules:
Provided further that the deviations mentioned
in the above proviso shall be incorporated in the completion plan
and submitted along with completion certificate.
(2) Where it comes
to the notice of the Secretary that a work-
(a) is not in accordance
with the plans or specifications approved;
(b) is in contravention of
any of the provisions of the Act these rules, bye-law or declaration
made there under;
he may, by notice, require the person for whom such work is done-
(i) to make such alterations as may be specified in the notice with
the object of bringing the work in conformity with the plans or
specifications approved or the provisions so contravened; or
(ii)
to show cause why such alterations should not be made; within such
period as may be specified in the notice:
Provided that any construction carried out in deviation of the approved
plan or specific conditions shall not be required to be altered
if such construction does not violate the provisions or specific
conditions contained in the Act or these rules.
(3) Where the person
to whom the notice under sub-rule(2) is issued does not show cause
as aforesaid, he shall be bound to make the alterations specified
in such notice.
(4) Where the person to whom the notice under sub-rule(2) is issued
shows sufficient cause as aforesaid the Secretary may, cancel the
notice and in other cases, by order confirm or modify the notice.
18.
Demolition or alteration of work unlawfully commenced, carried on
or completed.-
(1) Where the Secretary
is satisfied-
(i) that the construction, reconstruction or alteration of any building
or digging of any well-
(a) has been commenced
without obtaining the permission of the Secretary or in contravention
of the decision of the Council; or
(b) is being carried
on, or has been completed otherwise than in accordance with the
plans or specifications on which such permission or decision was
based; or
(c) is being
carried on or has been completed in breach of any of the provisions
contained in the Act or these rules or bye-law or order made or
issued there under or any direction or requisition lawfully given
or made there under; or
(ii) that any alteration required by notice issued
regarding deviation has not been duly made; or
(iii) that any alteration or addition to any building
or any other work made or done for any purpose in or upon any building
has been commenced or is being carried on or has been completed
in, contravention of the provision's regarding accessory building
and sheds, he may make a provisional order requiring the owner or
the person for whom the work is done to demolish the work done or
so much of it as, in the - opinion of the Secretary, has been unlawfully
executed or to make such alterations as may, in the opinion of the
Secretary, be necessary to bring the work in conformity with the
provisions of the Act, these rules, bye-laws, direction, order or
requisition as aforesaid, or with the plans and specifications on
which such permission or decision was based, and may also direct
that until the said order is complied with, the owner or such person
shall refrain from proceeding with the work.
(2) The Secretary shall serve a copy of the provisional order made
under sub-rule (l) on the owner or the person for whom such work
is done together with a notice requiring him to show cause within
a reasonable time to be specified in such notice why the order should
not be confirmed.
(3) Where the owner
or the person for whom the work is done fails to show cause to the
satisfaction of the Secretary, the Secretary may confirm the order
or modify the same to such extent as he may think fit to make, and
such order shall then be building on the owner or the person for
whom the work is done and on the failure to comply with the order,
the Secretary may himself cause the building or part thereof demolished
or the well dismantled, as the case may be, and the expenses thereof
shall be recoverable from the owner or such person:
Provided that any construction or reconstruction
or addition or alteration of any building or digging of any well
commenced, being carried on or completed without obtaining approved
plan or in deviation of the approved plan shall not be directed
to be altered or demolished if such construction or reconstruction
or addition or alteration of building or digging of well does not
violate any provisions or specific conditions contained in the Act
or these rules and has been regularized under the provisions
in these rules.
(4) Notwithstanding
anything contained in sub-rule(2) or sub-rule(3), the Secretary
may also initiate prosecution proceedings against the owner or the
person for whom the work has commenced, being carried on or has
been completed.
(5) The Government
may, either suo motu or on application made by any person
aggrieved,
after examining the records and hearing the applicant and or the
person who has carried out the construction or reconstruction, or alteration or addition of any building or any
structure or digging,
of any well as in sub-rule (l) and Secretary, if convinced that
the construction or reconstruction or alteration or addition of
the building the structure or digging of the well has been carried
out violating the provisions contained in the Act or these rules
or any other rules issued under the Act or any lawful direction
issued by the Government or Secretary, direct the Secretary to demolish
the construction or reconstruction or
alteration or addition or
fill up the well within a period to be specified in that direction.
(6) The Government
may, if the Secretary fails to execute the direction issued under
sub-rule (5) within the period specified therein, make necessary
arrangements to demolish the building or structure or to fill
up the well and may recover the expenses from the Municipality
concerned.
19.
Order of stoppage of building works in certain cases.-
(1) Where the erection
of any building or the execution of any work has been commenced
or is being carried on (but has not been completed) without obtaining
the permission of the Secretary or in contravension of any decision
of the Council or any provision in the Act or these rules or byelaws
made there under or any lawful direction or requisition given or
made under the Act or these rules or byelaws made there under, the
Secretary may without prejudice to any other action that may be
taken under these rules, by order require the person at whose instance
the building or the work has been commenced or is being carried
on, to stop the same forthwith.
(2) Where the order
under sub-rule (1) is not complied with, the Secretary may require
any police officer to remove such person and all his assistants
and workmen from the premises within such time as may be specified
in the requisition, and such police officer shall comply with the
requisition accordingly.
(3) After the requisition
under sub-rule (2) has been complied with, Secretary may, if he
thinks fit, require in writing the assistance of a officer or depute
by a written order an officer or employee of the Municipality to
watch the premises in order to ensure that the erection of the building
or, execution of the work is not continued and the cost thereof
shall be paid by 1 person at whose instance such erection or execution
was being continued or whom notice under sub rule (1) was given,
and shall be recoverable from person as an arrear of property tax
under the Act.
20. Duties and responsibilities of the
owner.-
(1) The granting of
permit or the approval of the drawings and specifications or inspections
by the Secretary during the erection of the building or structure
or digging of well shall not in any way relieve the owner of such
building of responsibility for carrying out the work in accordance
with the requirement of these rules.
(2) Every owner shall, -
(a) permit the Secretary or any person authorized
by him for this to enter the plot or building or premises
[X
X X] at any time between 7 a, and 6 p.m. normally or at any
other. time as may be deemed necessary for purpose of enforcing
the rules;
(b) submit a proof of ownership of the
plot;
(c) obtain from the Secretary, sanction for any other
allied matter connected with the development or redevelopment of
land or construction reconstruction or addition or alteration of
building;
(d) given notice to the Secretary of the
intention to start work in form Appendix D;
[X X X ]
(f) give written notice to the Secretary regarding completion of
work in the form in Appendix E; and
(g) obtain a development certificate from
the Secretary prior to any sale or transaction of the plot subdivision
or building construction in developed or redeveloped plots as given
in Appendix G or obtain an occupancy certificate from the Secretary
prior to any occupancy of the building or part thereof, after construction
or reconstruction or addition or alteration of the building or part
thereof, or change of occupancy of any building or part thereof
as given in Appendix H.
(3) Every owner shall,
as soon as any development or redevelopment of land or construction
or reconstruction or addition or alteration of building is
completed, remove all rubbish, refuse or debris of any description
from the plot or plots on which such operation have been carried
out or from any adjoining land which may have been used for depositing
of materials and debris.
(4) Every owner shall
keep in safe custody the permit, approved plans and drawings and
specifications, and results of tests, if any, on any material used
for construction and produce before the Secretary or any officer authorized
by him for inspection or demand.
(5) Every owner shall
display the permit number in the site in a visible place in a visible
manner.
(6) Every owner shall
take adequate safety precautions at all stages of construction or
reconstruction or addition or alteration or repair or
demolition
or removal of the various parts of the building for safeguarding
the life of workers and public against hazards consequent on any aspect of the
work.
(7) Every owner shall
ensure that all protective works carried out safeguard the adjoining
properties during construction are sufficient and in good order to
ensure safety.
(8) Every owner shall
be responsible for the loss or injury caused to any person or property
due to the lapse on his part to provide safety precautions or protective
measures or safeguards.
21.
Transfer of plots to be intimated.-
(1) Every person holding
development or building permit shall, unless the work has been executed
full and development or occupancy certificate obtained, inform the
secretary, every transfer of the whole or part of any property involved
in the permit together with the name and address of the transferee
and his intention to transfer or otherwise of the permit.
(2) Every person in
whose favor any property is transferred along development or building
permit by the transferor shall before commencing or continuing the
work obtain permit of the Secretary in writing.
(3) The request for
permission to commence or continue work shall be submitted in white
paper affixed with necessary court fee stamp, with document regarding
the ownership and possession certificate and fee of Rs. 25.
(4) The Secretary shall,
if convinced that the transfer will not in anyway badly affect the
development or construction, issue permission in transferring the
permit and allowing the commencement or continuation of work, within
15 days from the date of receipt of the request.
22.
Completion certificate, development certificated and occupancy certificate.-
(1) Every owner shall,
on completion of the development redevelopment of land or construction
or reconstruction or addition or alteration of building, as per
the permit issued to him, submit a completion certificate certified
and signed by him, to the Secretary in the form in Appendix E:
Provided that in the case of buildings, other than single residential
units up to two floors with total floor area not exceeding 150 sq.
meters, the completion certificate shall be certified and signed
by the owner and registered architect or engineer or supervisor
also as in Appendix F.
(2) The Secretary shall,
on receipt of the completion certificate and on being satisfied
that the development or redevelopment of land has been effected
in conformity with the permit given, issue a development certificate
in the form in Appendix G, not later than 15 days from the date
of receipt of the completion certificate:
Provided that if no such development certificate is received within
the said fifteen days, the owner may proceed as if such a development
certificate has been duly issued to him.
(3) The Secretary shall,
on receipt of the completion certificate and on being satisfied
that the construction or reconstruction or addition or alteration
has been carried out in conformity with the permit given, issue
occupancy certificate in the form in Appendix H not later than
fifteen days from the date of receipt of the completion
certificate:
Provided that if no such occupancy certificate is issued within
the said fifteen days, the owner may proceed as if such occupancy
certificate has been duly issued to him. (4)
The owner of a building may if he intends to occupy the building
before its completion, apply to the Secretary for that purpose and
the Secretary shall, on being satisfied that such occupancy will
not endanger life issue occupancy certificate in respect of the
completed part.
NOTES
If the deviation from the approved
plan are of a trivial nature having no bearing safety, the imposition
of a fine may meet the requirement of law. There need not
be an order for demolition. (Narahari Rao V. State of Kerala, 1999
(1) KLJ 969.)
In the construction of a building, whether the bye-laws were violated
not has to be examined in the light of the building bye-laws existing
at the time' when the plans of the building were sanctions by the
Corporation (Satyanarayana
v. Shantha (1999) 5 SCC 704).
Under Section 207 of the Municipality Act, 1994, excepting National
and State Highways all public Streets and appurtenance shall stand
transferred to and vest absolutely in the Municipality. The absolute
vesting can only for ensuring its use intended. It is for the public
to use and not to licence it for particular group of public. That
will be against the defined purpose. (Janakeeya, Prathikarana Vedy
v. District Collector, 1998 (2) KLT SN 64.)
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