REGULARIZATION OF UN-PERMITTED CONSTRUCTIONS AND DEVIATIONS

(143) Power of the Secretary to regularize certain constructions

The Secretary shall have the power to regularize 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.
Provided that such construction or reconstruction or addition or alteration of any building or digging of any well shall not be in violation or any of the provisions of the Act or these rules.

(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 by 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 equal to permit fee specified in Schedule II plus fifty per cent of that amount.

(5) The Secretary shall, if the decision is to refuse regularization, 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 regularization shall be refused only on such grounds on which approval of site or permission to construct or reconstruct a building or well may be refused.

(147) Demolition of buildings not regularized

(1) Where the owner fails to demolish the building or part thereof or fill up well as directed in the order refusing regularization or fails to remit the compounding fee within the time specified, or fails to comply with any condition stipulated in the order granting regularization within the time specified, the Secretary may himself cause the building or part of 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 regularization, 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) Not withstanding anything contained in sub-rule (1), Secretary may also take prosecution proceedings against the owner.