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Section 14: Control on erection of buildings

The Himachal Pradesh Panchayati Raj Act, 1994State Act of Himachal Pradesh · Act 4 of 1994

(1) The Gram Panchayat, after preparing a model plan for the village which has been approved by the Gram Sabha and the prescribed authority by written order, may-

(a) direct that before erecting, re-erecting or adding to a building, wall or a platform every person shall present an application to the Gram Panchayat and that no building, wall or platform shall be erected, re-erected or added to in conflict with the model plan or in advance of an alignment to be specified on land demarcated by the Gram Panchayat; and

(b) specify the space which shall intervene between any new or enlarged building and the building next adjacent or any road in the village.

(2) The Gram Panchayat shall have the power to modify, return for modification or reject the proposed plan for erection, re-erection or addition to a building, wall, or platform.

(3) Where any building, wall or platform has been erected, re-erected or added to in contravention of any order passed under sub-section (1), the Pradhan may report to the Sub-Divisional Officer and the said Officer may make an order- 1 Clause (t) added vide Act No. 4 of 2001 w.e.f. 15.11.2000..

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(i) directing that the work done or so much of the same as has been executed in contravention of the order passed under sub-section

(1) shall be demolished by the owner of the building, wall or platform or that it shall be altered by him to the satisfaction of the Gram Panchayat within such time as may be fixed by him; or

(ii) directing that the work done or so much of the same as has been executed in contravention of the order passed under sub-section

(1) shall be demolished or altered by the Gram Panchayat at the expense of the owner within such time as may be fixed by him:

Provided that the Sub-Divisional Officer shall not make any such order without giving the owner full opportunity of adducing evidence and of being heard.

(4) If any person to whom a direction to demolish or alter any building, wall or platform, is given under clause (i) of sub-section (3) fails to obey the same, he shall be liable to fine which may extend to twenty-five rupees and when the failure is a continuing one, to further fine which may extend in the case of a masonry building, wall or platform, to five rupees each day on which the failure continues; provided that the recurring penalty shall not exceed the sum of five hundred rupees.

1 [15. Penalty for disobedience of a special or general order of the Panchayat.- Any person who disobeys an order of the Gram Panchayat made under sections 12 and 13 shall be liable to a penalty which shall be imposed by the Gram Panchayat and may extend 2 [one thousand rupees]; and if the breach is a continuing breach, with further penalty which may extend to ten rupees for every day after the first during which the breach continues:

Provided that recurring penalty shall not exceed the sum of 3 [five thousand rupees]. The penalty, if not paid shall be recovered as arrears of land revenue.]

Where this provision sits

ActThe Himachal Pradesh Panchayati Raj Act, 1994
Section14
Marginal noteControl on erection of buildings
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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