Section 30

Amendment status not verified — confirm the current text below against the official source.

Orrolec' of stoppaqe of building; in certain t~nse.-(1) Where the erec tion of any building or addition or alteration tl-ierelo has been commenced or i. heing carried on (but has not been completed) without or contrary to ths sane tion referred to in Section 37 or in contravention of any condition subject t< which such sanction has been accorded· or in contravention of any provisions o this Act. or rei;iulations made thereunder the Vice-Chairman rr.ay, in addition t< any other. action that may be taken under this Acl, by order, require the psrsot at whose instance the building or the work has been commenced or is bein, carried on, !o stop the same forthwith. (2) It such order is not complied for!hwith, the Vice-Chairman may requr. any police officer to remove such person and all his assistants and workmoi from the premises within such time as· may be specified in the requisit'on an such police officer shall comply with the requisition nccordingly. (3) After the requisition under Sub-section (2) has been complied wi!h, 'lhr Vice-Ohairrnan may, if he thinks fit, depute by a written order, a police officer :.:: any officer or ot'rer employees of the Authority to watc» the premises in order i1 ensure that the erection of the building or the execution of the work is not ccr tinued. (4) Where a police officer or an officer or other employee of the Authorit has been depute,..:: under sub-section (3) to watch the premises. the cost of sue! deputation shall be paid by the person at whose instance such erection or e;; ecution is being continued or to whom notice under sub-section (1) · was give, and 'shall bo recoverable from such person as an arrear of tax under this Aci Comments llt case-law [Where permission to construct Cinema hall was given by appropriate au lhorities and no serious objection was raised during tho construction of '·he builc ing, it will be against justice to refuse permission to run the Cinema hall whe, · the building is complete or nearly complete. The doctrine of equitable estoppr will apply against the authorities. Ram Chandra Jha vs. State, 1977 B:..JR 4ffi After approval of proposed plan of building b~1 appropriate authority an ores of cancellation of permission of construction made without affording an opporu nity of hearing t< the pariy concerned is illegal. ibid. The principal that if the encroachment is less than 5 links, if' cannot be hol with certainty that there is indeed an encroachment cannot be sale to be a infle)(ible rule of universal application. Haribansh Singh vs. Basist Kumer, ·198 PLJR 370 (FB). Bihm Regional Development Authority Act, 1974 Sec. 39 ] 3 2] ~ihar ~egiona! Development Authorltv Act, 1974 [ Sr"s 40-41 · ?rovisions o~ sections 3!1 and 54 read v..rith Rule 9 of Appendix-, ,, Bye-laws (as amended by Order No. 75 of 1987 dated 28.2.1987) are attrac to all constructions wi!hm the territorial jurisdiction of the A!Jtl,ority under Parcl1-,Nor!{, repair or c 'tf', ltio'l do-io in old existing bui!ciing cannot be said to me.teria!ly effect the external appearance of such a building. The requirement ot "sot-back" is not applicable in case of houses built pr or to enactment of laws pr~.c,ibins such requirement. 11 is proper that post tac '1 sanction of the Builri- ing Plan be considered by the concerned Authority, S·Jdhisr Kumar Purf)8JI vs. Pc.lnn Rogionaf Development Authoriry, 1991 (2) PLJR 19P,. A procccdinq under section 39 is maintainable only where the construction rs being carried out in contravention of. the sanctioned (or rleemed sanctioned) pl21n, Utna Shyam Parivar Trust vs. State otBinsr, 19S'O (1} PLJR 503]. · ~i·:t. f.!.;::si:.;er o ,;l1::t>-Chairman fto reouire alleraiior of wo:-!t.-{1) The Vice- Ct·ai,r.iE.n rr.ay at :;ny time during the erection of or addition or alteration to any oliilding or at any lime within six months after the submission of tho completion · ceriiiicatD as required ,mcier regulation framed for the p.u,pose oy a written notice specify any matter in respect of whicl1 such erection er execution is without ·or contrary to the sanction referred to in Section 37 or is ;'1 contravention of any of the provisions of H1is Act or any regulation made thereunder and require the porson who gave 'he notice. under Section 36 or the owner of such building or wo:-!.o: either- (a) to make such alierations .as may be specified in ~he said notice with the object of bringing the building o: work in conformity with the said sanction, condition or provisions or {b) to show cause why such alterations should no: be made, within a period stated in the notice. {2) If the oerson or the owner does not show cause as aforesaid he ,shall co bound to make the alterations specified in the notice. · ~3) " the person or tho owner shows cause as aforesaid the Vice-Chairrnan shall by an order either cancel the notice issued under sub-section ("i) or con- firm •tie same subject to such modifications as he thinl<s M. Comments A Case-!aw [Section 40 _:_building in question alleged to have not made as per the sanctioned plan- -direction issued to .make certain modification in the building- . w1ii filed against such direction-writ disposed of by permitting· ih.c petitioner to Me representation which will be disposed of by the authority in accordance wi!h ie.w-no representation filed by the petitioner- authority revived the earlier _order w:1en no representation filed by tho petitioner-c-alteqation that VC did not con- side;· tho representation which was filed (filed after the order of revival on the same day) no ,liegality held to have been committed by the authority .. indrameni Davi vs. State of Binet, 2004 (2) PLJR 4G7.] t1"L Ll$O o:i l@nd ic>md building in contresentier- 01 pl..1.Jls.-Arter the com- ing into operation of any of the development plans in a zone no person s:1all L'.Se or permit to be used any land or building in that zone otherwise than in con- i'ormity with sud plan: Provided that it shall be lawful to continue to use upon such ·terms and condsions as may be prescribed by regulations made in this behall any land or • • • " - - - • - .. ,hi~I,,, ;-;. .,... hoinn .. ~~r1 i 1non it2. Pr:..-Aci building permiis.-h anv JUiiding permit Wh!Ch h ~j o J• .::; sued before the commencement of this Act is not whollv completed wrrl"tin .:: :-,r. riod of three years from Ihe dale of such permit, the s 1id perrrustron hafi ·b( deemed to have lapsed and trash permit shall be necessary; ~- Diur.:aiion of sanctlcn=-Tho sanction once accorded shal! remain va!;, up io three years during which period completion certificate from the ·egisK;21 arch!tecflengi11eer or a person approved by Vice- Chairman, in !he form preqcribei in the Building ·Regulations shall be submitted !lnd rt this 1s nol done the porrn shall have to be revatidated before tho expiration of ihis penc- or: pavmer , c such foes as may be prescribed. Hevalidatton shall be subject 10 !he rnlsc .:1n regulations then in torce. Comments & Cas-.law [The requirement of" section 43 is that Comptetion Certificate should b presented withir. three years of the work comoleted before the expiration of th period of three years. the la:1d owner should apply for ; evalidation of the eanr tion. The expression "then in force" as used in section 43 should be construe to mean the R•Jks and Reguiation in force when the origin,:I sancttor, wa granted and not those Rules and Regulations which aro in force at tho time , making revalidation application. Ram Narain Jhunjhunweio vs. Staie of Bihs 1990(1) PLJR 66Li The provisions of section 43 cannot be construed to mean ih'=lt eJ(csp[ ii one revalidation of sanction, no further order for revalidation of sanction nr buii• ing plan is permissible. Revalidation may continue even afier expiry or period three years provided- no C:eviation from the sanctioned plan takes place. T' order passed by t'1e Vice-Chairman forbidding further construction on the g;ou. that revafidatior of building plan cannot continue to be operative beyar:ci Ii period of three years is wilhout jurisdiction and erroneous. ibid. The provisions of this section are regulatory in nature, the object being ensure thai the construction is tarried on and completed in accordance wi,n ti sanctioned plar. and within the stipulated period or the period of revalidation. E if the constructior , alteration or addition has been done in accordance to ii sanctioned plan, suet- construction, alteration or addition will no. bs ille~ notwith- standing he en~iry of the slipulated period. vico Chairman PRDA · Sta,e of Bihar, 19!:!8 (1) PLJR 714.] C}-J~IPT'ER V!i FINANCE, ACCOUNTS .Ll.ND AUOIT. ti4. [Fu1ull ot tm~ J.l..oc.iihorriiy-.-(1) The authority shall have and rnoin18ir. own fund to which shall be credited- (c:c} ·a'.1 moneys received by tho authority from. the S!aie Go11ernsnen/ from the Contra! Government ·by way of grants, toa.ts, 3r;v.:nr.!')r-; olilerwise ; (b) all moneys borrowed by tho Authority trom sources other (;18n Sta•e Government er the Central Government by way en 10.::rn, debentures; (c) al! fees including betterment fees and charges- received by ~he ,, !j Binar Regional Development Authority Ac 1974 Secs. 42-44 ] (c) ::111 moneys received by Hie Authority trom iho disposal of lands buildin anc' other properties movable and unmovable: and (e) all 11101 Ays rcceiv.ed by ihe Authority by way of rents and profit.:; or in any oil-it,;· .nannor or from anv other source · Provided that the setting up of the Authority would not involve any adrJi •ior,a; commitment from the Central Government by wav of granis, loans, ad vances or otherwise. (2) The Authority shall receive dut.y on certain transters of immovable pr o- ert~, in accordance with the provisions herninafter in this section contained (i} The duty imposed by the Indian Stamp Act, i 899 (II of 1899) a::- moditied from time to time in its applicaiior to the Stale ot IJihar, on Instruments of sale, gift and usutrucru HY mortqaqe of -rn- movable property shall in ihe case of instruments affecting im- movable property situated in lhe area nonnod under Sub-section (2) of Section 1 of the Act and executed on or after the date on which the provisions of this /\ci came into force in such area be increased by five percen1Um on the value of lhe property trans- :errcd hy the instrument or (in the case ot an usufructuary mort- gage} on the amount secured by the instrument, as set forth in the instrument: ((i) For lhe purposes of this section- (2) Section 27.of the IndianStamp Act, 1899 (II of ·j 899) as modified trom time to time shall be read as if it specifically required the oarticulars referred to therein to bo set forth separat ely in respect or property situated in the area notified under sub-ser.tion (2) ot Section ·1 of the Act. (b) Section 64 of the Indian Stamp Act, i 899 (II of 1899) as modified f;-om time to lime shall be road as ii it referred to the Authority as well as the State Government; (iii} Al! collections resulting from the said increase in stamp duty shall. alter deducting incidsntal expenses (if any}, be paid to tho Authority by such time as may be prescribed by rules made by the State Government. (3) Contributions shall be made from Municipal Funds to the Authority in the manner hereinafter contained - (l) All the local bodies of the area notified under sub-section (2) of section 1 of the Act shal! pay from t:1ei' Municipal funds to the Authorlty on the fist day of each quarter. so long as the Author- ily continues 10 exist, a sum equivalent to one and a half per contum per quarter on the actual quarterly collection made on the basis of annual ratable valuation determined under the Blhar and Orlssa Municipal Act, 1922 (B. 8: 0. Act VII of 1922) and the Pat:i.'.":' Municipal Corporation Act, 1951 (8ihar Act XIII of 1952) as the said actual quantity collection stood on tho tirst day of the last prnceding quarter: provided that it this Act comes into tores dur- ina a quarter, the amount of 11,e 'first of such payment shall bear -- .. ~1-.1~, h.c,r,:,11nrlP.r as the unexpired [ Sac 44 Bihar Regionai Development Authority Act, 1~7Lt Secs. 45-47 ] Bihar Regional Developrneni AlilhQrity Act 197 3[ (ii) The payments prescribed by clause (1) of sub-secuor- (3) "''1al. ,-,3 made in priorlty to a!I other payments dt e from °lh<' munic11'.,..ll1,v except those referred to in section 67 of the Bihar and Or•"' n 1Viuni01pal Act 1 922 (B: g 0. Act VI I of 19?2) and the local ovdb shall submit quarterly returns in prescribed form lo the AlJlt,r,r1tv wilhm 30 _pay::; Irom the close of the quarter, (iii)· It any payment prescribed by clause (i) of sub-section (3) cannot ir the opinion of H,e Stale Government, l.Je made 'wahout incre::~.S!irf maximum amount authorised by sections 84, 85, 86 or SCA. ,)· tn~ Bif1a rid Orissa Municipal Act, -1922 (B & 0. Act \l:i 01 Hi22, and cction 89 of tho Patna Municipal Corporation Act "19,,·,, t;-,.er th:)t maximum amount may be increased lo such c)cten! as may ir the opinion of the State Government. be necessary lo secure th, duo making of such payment. (4) Contributions may be made from he Panchayat funds, agriculture mar ket yards and other sources such as irrigation and water tax. etc. as "'pprc11e( by tho State Government from time to time. (5 ) The tunes so received by the Authority shall be applied towards meet ing the expenses incurred by the Authority in the administration of this Act am for no other purposes: Provided that the liabilities due to the Centre and State Governments an other bodies incorporate shall be the first charge upon ihe funds of 11,8 Region: Development Authority, (6) The Authority may keep in current account with the State Bad<: ot lndi or any other Bank approved by the State Government in !his beha!~ such su1 oi money out of its fund as may be prescribed by rules and any money in ei coss of the said sum shall be invested in such manner as may be approved l: the State Govemrnem. (7) The Stat Government may, after dun appropriation made by tho Sta1 Legislature by law in this behalf, make such grants, advances and loans to fr Authorty as the Government may deem necessary for the performance cf ·:-r functions of tho Authority under this Act; and all grants, loans and advance made sl 1all be on such terms and conditions as !he State Government me determine.