(1) It is open to the Vice-Chairman to regularize constructions made without obtaining sanctioned plan subject to fulfilling the following conditions,-
(a) Submission of building plans to the competent authority duly paying all categories of fees and charges.
(b) The construction shall be subject to the condition that all parameters laid down in relevant statutes, Master
59. Section 46 with marginal heading substituted by Act No.9 of 2008.
Fines when realised to be paid to Authority or local authority concerned.
Regularisation of buildings constructed without sanctioned plan.
[Act No.1 of 1975] 57 Plan, Zonal Development Plan, Building Bye-Laws, Building Rules and other relevant Government Orders including 60Telangana Fire Service Act, 1999 and the National Building Code are satisfied;
(c) Payment of penalty equivalent to Thirty Three Percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable.
(2) Any offence made punishable under this Act in respect of Non-High Rise buildings may be regularized by the Vice-Chairman or any officer authorized by the Vice- Chairman in this behalf to the extent of violations made to the setbacks on each side of each floor except building line up to 10% of the permissible setbacks, on payment of fine equivalent to one hundred percent of the value of the land as fixed by the Registration Department applicable at the time of regularization in respect of violated floor area subject to the condition that the sanctioned plan has already been obtained in each case.]
61[46-A. Notwithstanding anything contained in the Act, in the case of Gram Panchayats falling in Urban Development Authority areas, the Vice-Chairman may regulate and penalise the construction of buildings, made by the owner, or by an individual as the case may be, unauthorisedly or in deviation of the sanctioned plan 62[as on 28.10.2015] as a one time measure as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount, all pending or contemplated proceedings and action of enforcement shall be deemed to have been
60. Adapted by G.O.Ms.No.75, Home (Legal) Department, dated
17.11.2015.
61. Section 46-A with marginal heading inserted by Act No.9 of 2008.
62. Substituted by G.O.Ms.No.148, Municipal Administration & Urban Development (M1) Department, dated 31.10.2015.
Regulation and penalisation of construction of buildings in deviation of sanctioned plan.
Act No.15 of 1999.
58 [Act No. 1 of 1975] withdrawn and the competent authority shall issue necessary Occupancy Certificate to the owner or the individual as the case may be.]
47. Every member and every officer and other employee of the Authority shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860.
48. No court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.