ACTION AGAINST UNAUTHORIZED CONSTRUCTIONS

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
drawing, 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 lay outs and shifting the 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 provision 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 specification approved; 

(b) Is in contravention of any of the provisions of the Act, these rules bye law or
declaration made thereunder; 

He may, by notice, require the person for whom such work is done- 

(i) To make such alteration as may be specified in the notice with the object of bringing the work in conformity with the plans or specification approved or the provisions so contravened; or 

(ii) To show cause why such alterations should not be made; 

With 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 shoe cause as aforesaid, he shall be bound to make the alteration specified in such notice;

(4) Where the person to whom the notice under sub-schedule (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 pans or specifications on which such permission or decision was based; or

(c) Is being carried obn 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 thereunder or any direction or requisition lawfully given or made thereunder; or 

(ii) That any alteration required by notice issued regarding deviation has or been duly
made; or

(iii) That any alteration of or addition or 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 provisions 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 or so much so it as, in the opinions of the
Secretary, has been unlawfully executed or to make such alterations as may, in the opinion of the Secretary, be necessary to being 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 saids order is compiled with the owner or such person shall refrain form proceeding with the work;  

(2) The Secretary shall serve a copy of the provisional order made under sub-rule (1) on the owner or the person fro 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 binding 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 form 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 the regularizations under the provision 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, wither or on application made by any person, after examining the records and hearing the application and or the person who has carried out the construction or reconstruction or alteration of any building or digging of any well as in sub-rule (1) and Secretary, if convinced that the construction or reconstruction or alteration of building 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 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 and may recover the expenses form 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 contravention of any decision of the Council or any provision in the Act of these rules or bye law made thereunder or any lawful direction or requisition given or made under the Act or these rules or byelaws made thereunder, 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 sub-rule (1) is not compiled with, the Secretary may require any police officer to remove such person and all his assistants and workmen form the premises within such time a 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 compiled with, the Secretary may, if he thinks fit, require in writing the assistance of a police 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 ort the execution of the work is not continued and the cost thereof shall be paid by the person at whose instance such erection or execution was being continued or to whom notice under sub rule (1) was given, and shall be recoverable from such person as an arrear of property tax under the Act. 

(20). Duties and responsibilities of the owner 

1. The granting of the permit or the approval of the drawings and specifications or inspections made by the Secretary during the erection of the building shall not in any way relieve the owner of such building of the responsibility fro carrying out the work in accordance with the requirement of these rules. 

Every owner shall,- 

2. (a) Permit the Secretary or any person authorised by him for this purpose to enter the plot or building or permission for which the permit has been granted at any time between 7 a.m. and 6p.m. normally or at any time as may be deemed necessary for the purpose of enforcing the rules; 

(b) Submit a proof of ownership of the plot;

(c) Obtain from the Secretary, sanction foe any other allied matter connected with the development or redevelopment of land or construction or reconstruction or addition or alteration of building; 

(d) Give notice to the Secretary of the intention to start work in the form Appendix D

(e) Give notice to the Secretary, on completion of the demarcation of roads and footpaths, plot subdivision and all other development or redevelopment of land and shall give notice after the completion of work up to the plinth level with a view to enable the Secretary to ensure that the work is carried out in accordance with the approved plans; provided that the if the Secretary has not made any inspection within 7 days from the receipt of such notice the construction may be proceeded with as if it were duly permitted;

(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 therefore, 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 G. 

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 form any adjoining hand 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 on demand. 

5. Every owner shall display the permit number in the sire 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 removal of the various parts of the building for safeguarding the life of workers and public against hazards consequent on any aspects of the construction.  

7. Every owner shall ensure that all protective works carried out to safeguard the adjoining properties during construction are sufficient and in food order to ensure safety. 

8. Every owner shall be responsible for the loss or injury 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 in 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 favour any property is transferred along with a 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, together with document regarding the ownership and possession certificate and fee of Rs. 25/-. 

(4) The Secretary shall, if convinced that he transfer will not in any way badly affect the development or construction, issue permission in writing, transferring the permit and allowing the commencement or continuation of the work, within 15 days from the date of receipt of the request.

(22) Completion certificate, development certificate and occupancy certificate 

(1) Every owner shall, on completion of the development or 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 the case of building, other than one or two dwelling units, the completion certificate shall be certified and signed by the owner and registered Architect or Engineer or Supervisor also 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 less than 15 days form the date of receipt of the completion certificate; provided that if no such development certificate is received within the said 15 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 in being satisfied that the construction 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;

Provided that if no such occupancy certificate is issued within the said 15 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 is sue occupancy certificate in respect of the completed part.