(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 rule 46 anything has been done, contrary to any provision of any rule or byelaw, or that anything required by any such provision, rule or bye byelaw to· be done has been omitted to be
48.
l=J~ ~. ~ 14 l=JFr 2016 222 (203) 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 Building Officer may, with the approval of the CEO of the Agency 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 these rules . or bye law, 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 Agency to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down the building or work.
Deviation from sanctioned plan and compounding for deviation. Notwithstanding anything contained in the. Act or any other Act for the time being enforce or.any rules or bye laws made there under, the.
Building Officer may compound the offence of constructing buildings without permission. or contrary to. the permission granted.
If:
(1)
(2) No deviation and compounding, from the sanctioned plan shall be permissible if the construction involved in such deviation
(a) affects the front Marginal Open Space;
(b) exceeds 10% of the permissible FAR;
(c) is related to the parking area and public utility space;
( d) . comes within the boundary of road or the area affecting the alignment of public road;
(e) • comes in the area of any water body (talab), river or nallah or stream; and
(f) comes within 30 meters or such distance from the bank of water bodies as may be· prescribed in the respective development scheme.
for every floor constructed, an increase upto 0.25 meters in the height shall not be counted towards the height of the building .
222 (204)
(3) Agency may , compound unauthorized development . / construction as per the compounding charges ascertained by the State Government by the order.