X. Order of stoppage of Buildings or works in certain cases

(1) Where the erection of any building or the execution of any work has been commenced or is being carried on (but has not been completed) without obtaining the permission of the Secretary or in contravention of any decision of the Village Panchayat or any of the provisions of this Act or any rule or byelaw made there under or any lawful direction or requisition given or made under this Act, or the rules or byelaws, the Secretary may without prejudice to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith. (2)Where such order is not complied with, the Secretary may require any Police Officer to remove such person and all his assistants and workmen from the premises within the specified time on such application and the police officer will have to act accordingly. (3)After complying with the requisition under sub-section (2), the secretary may, if he thinks fit, require in writing the assistance of a Police Officer or dispute by a written order an officer or employee of the Village Panchayat to watch the premises in order to ensure that the construction of the building or the execution of the work is not continuing and the cost thereof shall be paid by the person at whose instance such construction or execution was being continued or to whom notice under sub-section (1) was given, and shall be recoverable from such persons as arrears of property tax under this Act. 235 Y. Certain buildings or sheds exempted. - Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house; meter house, not being a dwelling house, or sheds which are used exclusively for keeping fuel, or fire wood for the domestic use of its owner or for keeping agricultural implements, tools, rubbish or other materials or for watching crops or kennel shed intended to keep not more than four dogs or cattle shed intended to keep not more than four cattles and its one calf each or poultry shed intended to keep not more than twenty hen, duck etc. or any other shed of temporary nature shall stand exempted from the provisions other than Sections 220 B and 235 E : provided that the said building or sheds shall be at a distance of at least one metre from any boundary of land on which it is constructed. 235 Z. Penalty for unlawful construction of building. - (1) Where the construction, reconstruction or alteration of any building, (a)is commenced without the permission of the Secretary; or (b)is carried on or completed otherwise than in accordance with the particulars on which such permission is based; or (c)is carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made there under or of any direction or requisition lawfully given or made; or (d)about which alteration or addition required by notice issued under section 235 Nis not duly made; or (e)about which any person to whom a direction, given by the Secretary under section 235 W, fails to obey such direction; the owner of the building or such person, as the case may be, shall, on conviction be liable to a fine which may extend to rupees ten thousand in the case of a building and to rupees one thousand in the case of a hut and to a further fine of rupees one thousand in the case of a building and rupees ten in the case of a hut for each day of continued offence: Provided that the construction or reconstruction of the building may be regularised under section 235 W and if so regularised by the secretary, no person shall be made liable for conviction under this sub-section. (2) Where the violation of any stipulation as to the standard or specification mentioned in any of the provisions of this Act or any rules made there under or any lawful directions in respect of the construction of a building poses threat to public safety or danger to human life, the owner or the builder of such building shall on conviction be punishable with imprisonment for a term which may extent up to one year. 235 AA. Property tax to the building constructed unlawfully. - (1) Where any person has unlawfully constructed or re-constructed any building, such building shall, without prejudice to any action that may be taken against that person, be liable to property tax from the date of completion or occupation whichever is earlier, till the date of demolition of that building. (2) Nothing contained in sub-section (1) shall preclude the Secretary from proceeding against a person under section 235 W- and no one shall be entitled to compensation or damages due to any action, taken by the Secretary under this section. 235 AB. Power to regularise the unlawful building construction. - (1) Not with standing any thing contained in this Act, if any person or institution unlawfully developed any land or constructed any building on or before 31 st December 1998, the Government may, on realisation of a compounding fee as prescribed, regularise such land development or building construction: Provided that such regularisation shall not adversely affect any planning scheme or master plan, approved under the existing provisions of the Town Planning Act: Provided further that no building construction shall be regularised, which is done in contravention of the provisions in respect of the security arrangements provided in this Act, or the building rules made there under. (2) Application for regularisation under sub-section (1) shall be submitted within such time and in such manner as prescribed. Explanation. - For the purpose of this Act, unlawful construction means any construction for which the Secretary shall have no power to regularise under section 235 W of this Act or any construction or re-construction done in contravention of the provision of this Act or the building rules made there under or in contravention of any approved plan or any construction done in deviation of any exemption order sanctioned by the Government or any conditions specified therein.