Amendment status not verified — confirm the current text below against the official source.
Buildings or works commenced contrary to Act may be cut into and laid open for purpose of Inspection.- (1) If there shall be reasonable ground for suspecting that in there erection of any such building or in the execution of any such work as is referred to in Section 307 anything has been done, contrary to any provision of this Act or of any rule or byelaw to be done has been omitted to be done; and if, on inspecting such building or work, it is found that the same has been completed or is too far advanced to permit of any such fact being ascertained, the Commissioner may, with the approval of the Mayor-in-Council by a written notice require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained. (2) If it shall thereupon be found that in the erection of such building or the execution of such work nothing has been done contrary to any provision of this Act, or of any rule or byelaw, and that nothing required by any such provision, rule or bylaw to be done has been omitted to be done, compensation shall be paid by the Commissioner to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down the building or work. 308-A. Compounding of offences of construction of buildings with permission- Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or byelaws made there under , the offence of constructing buildings without permission or contrary to the permission granted, may be compounded, if- (a) Such construction does not affect the regular building line (b) the area of unauthorized construction made in the marginal open spaces or in excess of the prescribed floor area Ratio does not exceed ten percent of the prescribed floor area Ratio. (c) area notified by the State Government as a hill station or a place of Tourist importance or sensitive/fragile from the point of ecology, or (d) area specified for parking of vehicles; or (e) area coming within the Road or area affecting alignment of Public Roads; or (f) area specified for tanks (Talab); (g) area of construction affecting regular building line: Provided that in compounding the cases, fees shall be charged, as under in respect of the area of unauthorized construction on the basis of the rate of sale of land determined by the Collector of stamps for the area concerned. (a) If the construction relates to a plot of one hundred square meter but does not exceed two hundred fifty square meter, thirty percent of the rate of sale in respect of non-residential houses/buildings. (b) If the construction relates to a plot of one hundred square meter but does not exceed two hundred square meter, twenty per cent of the rate of sale in respect of residential building and thirty per cent of the rate of sale in respect of non-residential buildings. (c) If the construction relates to a plot exceeding two hundred square meter but does not exceed three hundred fifty square meter, thirty per cent of the rate of sale in respect of residential building and forty five per cent of the rate of sale in respect of non-residential buildings. Madhya Pradesh Municipal Corporation Act, 1956 132 | P a g e (d) If the construction relates to a plot exceeding three hundred fifty square meter, forty per cent of the rate of sale in respect of residential building and sixty per cent of the rate of sale in respect of non-residential buildings: Provided further that the compounding shall be made in case of residential construction by the Commissioner and in case of non-residential construction with the permission of the Mayor-in- Council . Provided also that nothing contained in this section shall apply to any person who does not have any right over the building or the land on which the construction has been made. 308-B. Relaxation in Compounding the unauthorized construction.- (1) Notwithstanding anything contained in Section 308-A or any other provisions of this Act or any other law for the time being in force , the Commissioner may, on the application made in this behalf by order, compound the cases involving deviations from the approved plan or map, or construction made without permission by collecting compounding fee at such rate as may be determined by the State Government. (2) The application under sub-section (1) shall be made within 90 days from the date of the commencement of the Madhya Pradesh Nagarplaik Vidhi (Sanshodhan) Adhiniyam, 2003 and the Commissioner shall, after making such enquiry as he deems fit decide all applications received under sub-section (1) within six months from the date of receipt. If the Commissioner fails to decide the applications received under sub-section (1) within the aforesaid period he will be deemed ton be guilty of dereliction of duty and liable for disciplinary action. (3) Upon the issue of the order under sub-section (1), permission shall be deemed to have been granted under this Act and the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 and the rules and byelaws made thereunder. (4) Nothing contained in sub-section (1) shall apply to any application by any person who does not have any right over the building or the land on which the construction has been made or to any application in respect of any building erected or constructed in any of the following areas:- (i) area notified by the State Government as a hill station or place of Tourist importance or as sensitive/fragile from the point of ecology; (ii) area specified for parking of vehicles; (iii) area coming within the Road or area affecting alignment of Public Roads; (iv) area specified for tanks (Talab): Provided hat where the construction has been made in the area specified for tanks(talab) is more than ten years old, the case may be compounded. (v) area of construction affecting regular building line. (vi) area of construction coming within thirty metres or such further distance from the river bank as may be specified in the master plan of the concerned town; (vii) area of any nallah and water stream. Madhya Pradesh Municipal Corporation Act, 1956 133 | P a g e Chapter XXV DANGEROUS AND INSANITARY BUILDING