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Notice of new buildings.-- (1) No person shall erect or re-erect or construct or build or commerce to erect or re-erect or construct or build any building without the sanction of the Council. The Madhya Pradesh Municipalities Act, 1961 73 (2) Before beginning to erect any building, or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the Council is empowered by Section 184, to enforce a removal or set-back, the person intending so to build, alter, add or reconstruct shall give to the Council notice thereof, in writing and shall, of required by a bye-law or by special order to do so furnish along with such notice a plan showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the Council and all such information as may be required regarding the limits, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closers and cesspools, if any, to be used in connection therewith and the location of the building with reference to any existing or projected streets and the purpose for which the building will be used. (3) Save as otherwise provided in this Act or the rules and bye-laws made thereunder, the Council may either refuse to give permission or give permission to erect, alter, add to or reconstruct the building according to the plan and information furnished or may impose, in writing, such conditions as to level, drainage, sanitation, materials or to the dimensions and cubical contents of rooms, doors, windows and apertures for ventilation or to the number of storeys to be erected or with reference to the location of the building is to be used as they think proper or may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction. (4) The Council may, before any work has been commenced in pursuance of any permission granted under sub-section (3) revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules, and bye-laws made thereunder, with reference to the matters mentioned in the said sub-section, as it thinks proper, and may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction. (5) Before issuing any orders under sub-section (3), the Council may, within one month from the receipt of such notice, either issue-- (a) a provisional order directing that for a period not exceeding one month from the issue thereof the intended work shall not be proceeded with; or (b) may demand further particulars. (6) A work proposed in a notice is given under sub-section (2) may be proceeded with in the manner specified in such notice, provided that such manner is not inconsistent with any provision of this Act, or of any bye-law for the time being in force threunder, in the following cases, namely:-- (a) in case the Council, within one month from receipt of such notice has neither-- (i) passed orders under sub-section (3) and served notice thereof in respect of the intended work; or (ii) issued under sub-section (5) any provisional order or any demand for further particulars; (b) in case the Council having issued such demand for and having received such further particulars, has issued no further orders within one month from the receipt of such particulars. (7) No person who becomes entitled under sub-section (3) or sub-section (6) to proceed with any intended work of which notice is required by sub-section (2) shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed The Madhya Pradesh Municipalities Act, 1961 74 therewith, unless he shall have again become so entitled by fresh compliance with the provisions of the proceeding sub-section. (8) Whoever begins any construction, alteration, addition or reconstruction without obtaining permission or giving the notice required by sub-section (2) or without furnishing the documents or affording information above prescribed, in any manner contrary to such orders of the Council as may be issued under this section or contrary to the provisions of sub-section (7), or in any other respect contrary to the provisions of this Act or any bye-laws in force thereunder, shall be punished with fine which may extend to one hundred rupees for each day during which such contravention continues after conviction for the first such contravention. Provided that the Chief Municipal Officer may, without prejudice to his right to take proceedings for line in respect of the contravention, require the owner by written notice:-- Provided that the Chief Municipal Officer may, without prejudice to his tight to take proceedings for line in respect of the contravention, require the owner by written notice:-- (a) either to pull down or remove the work or if he so elects to effect such alteration therein as may be necessary to make it in conformity with the requirement as shown in the notice; or (b) who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Chief Municipal Officer, to show sufficient cause why such building or work shall not be removed, altered or pulled down; or (c) on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down. If such person fails to show sufficient cause, to the satisfaction of the Chief Municipal Officer, why such building or work shall not be removed, altered or pulled down, the Chief Municipal Officer may remove, alter or pull down the building or work and the expenses thereof shall be paid by the persons. (9) The Council or any officer deputed by it may, at any time, inspect the erection of any building at any time during the erection of building or the execution of any such work as aforesaid or at any time not later than one month after being informed, in writing by the person reasonable for giving a notice under sub-section (2) that the erection of the building, or the execution of any such work as aforesaid has been completed, may by a written notice specify any matter in respect of which the erection of such building, or the execution of such work, may be in contravention of any provisions of this Act or any bye-laws made under this Act at the time in force, and require the person erecting or executing, or who has erected or executed such building or work or if the person who has erected or executed such building or work, is not at the time of notice the owner thereof, then the owner of such building or work to cause anything which is contrary to any such provision or bye-law to be altered or to execute such work, which may be required to be executed by him n accordance with such provision or bye-law. Explanation.--The expression "to construct a building" throughout this chapter includes-- (a) any material alteration, enlargement or reconstruction of any building or of any wall, including compound wall and fencing, verandah, fixed platform, plinth, door-step or the like, whether constituting part of a building or not; (b) the conversion into a place for human habitation of any building not originally constructed for human habitation; The Madhya Pradesh Municipalities Act, 1961 75 (c) the conversion into more than one place for human habitation of a building originally constructed as one such place; (d) the conversion of two or more places of human habitation into a greater number of such places; (e) such alteration of the internal arrangement of a building, as effect its drainage, ventilation or other sanitary arrangement, or its security or stability; and (f) the addition of any rooms, buildings or their structures to any buildings, and a building so altered, enlarged, reconstructed, converted, or added to shall be deemed to be "a new building" for the purposes of this Chapter. 187-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) such construction does not come within the area notified by the State Government as a hill station or a place of tourist importance or sensitive from the point of ecology ; or (d) such construction does not come within the area specified for parking of vehicles; or (e) such construction does not come within the area boundary of roads or within the area affecting alignment of Public Roads; or (f) such construction does not come within the area specified for tanks (talab); (g) such construction does not come within thirty metres or such further distance from the river bank as may be specified in the master plan of the concerned town; (h) such construction does not come within the area of any nallah and water stream; 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 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; (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. The Madhya Pradesh Municipalities Act, 1961 76 187-B. Power of State Government to cancel or revise permission for construction of a building.- If it is found that any permission for construction of a building has been given in violation of any provision of this Act or rules or byelaws made there under or in the opinion of the State Government it is necessary in the public interest that the permission granted by the Municipality deserves to be cancelled or revised the State Government shall have power to cancel or revise such permission and on such cancellation or revision, as the case may be, any construction contrary to the order regarding cancellation or revision shall be deemed to be without permission and shall be dealt with in accordance with the provisions of this Act and the rules made there under. Provided that no such order shall be passed unless the aggrieved party has been given an opportunity of being heard. 187-C. 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): (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 ne specified in the master plan of the concerned town; (vii) area of any nallah and water stream.