Vidhi Codex

section 6

Powers of District Regularisation Authority

The Chhattisgarh Anadhikrat Vikas ka Niyamitikaran Adhiniyam, 2002
General200216 sections1 chapters
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Chapter 2 CONSTITUTION OF AUTHORITY, PROCEDURE ETC.

Statutory text
  1. (1) The District Regularisation Authority shall have the following powers :-
    • (i) On receipt of application under Section 5, it may call for any record or information regarding unauthorized developments in any planning area within the district. On the basis of such record and information, the Authority may either reject the application or take a decision for regularisation of unauthorized development in accordance with Section 7 of this Act.
    • (ii) In case, the Authority decides in favour of regularisation, it shall, after due consideration, impose penalty on the applicant for such contravention. The Authority may collect such penalty in lump-sum, or in instalments together with interest, in case the applicant makes a written request for payments in instalments, within 15 days of the order by the Authority.
    • (iii) For the purpose of imposing penalty, the Authority shall evaluate the unauthorized development on the basis of prevailing market value of the land, construction, etc. The Authority shall also evaluate its monthly rent.
    • (iv) The Authority shall determine penalty on the basis of such evaluation done and the cost of development of basic infrastructure in the vicinity, which may be required because of the unauthorized development.
    • (v) Upon compliance of the order issued by the Authority, and on deposit of the regularisation penalty, such development would cease to be unauthorized and a certificate to that effect will be issued to the applicant, by the Authority in such proforma as may be prescribed.
  2. (2) The Authority shall have the same powers as are conferred on the High-Rise Building Committee under the provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
  3. (3) The Authority may, if it consider necessary, take the services or opinion of any registered structural engineer, town planner or architect in deciding an application under Section 5.
  4. (4) The Authority shall exercise such other powers as may be assigned to it by the Government for the purpose of regularisation of unauthorized development.

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