Compounding of offences of construction of buildings with permission

A. Compounding of offences of construction of buildings with permission- Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or byelaws made there under , the offence of constructing buildings without permission or contrary to the permission granted, may be compounded, if-

1. (a) Such construction does not affect the regular building line;
2. (b) the area of unauthorized construction made in the marginal open spaces or in excess of the prescribed floor area Ratio does not exceed ten percent of the prescribed floor area Ratio;
3. (c) such construction does not come within the area notified by the State Government as a hill station or a place of tourist importance or sensitive from the point of ecology ; or
4. (d) such construction does not come within the area specified for parking of vehicles; or
5. (e) such construction does not come within the area boundary of roads or within the area affecting alignment of Public Roads; or
6. (f) such construction does not come within the area specified for tanks (talab);
7. (g) such construction does not come within thirty metres or such further distance from the river bank as may be specified in the master plan of the concerned town;
8. (h) such construction does not come within the area of any nallah and water stream; Provided that in compounding the cases, fees shall be charged, as under in respect of the area of unauthorized construction on the basis of the rate of sale of land determined by the Collector of stamps for the area concerned :-
9. (a) If the construction relates to a plot of one hundred square meter but does not exceed two hundred fifty square meter, thirty percent of the rate of sale in respect of non-residential buildings;
10. (b) If the construction relates to a plot of one hundred square meter but does not exceed two hundred square meter, twenty per cent of the rate of sale in respect of residential building and thirty per cent of the rate of sale in respect of non-residential buildings;
11. (c) If the construction relates to a plot exceeding two hundred square meter but does not exceed three hundred fifty square meter, thirty per cent of the rate of sale in respect of residential building and forty five per cent of the rate of sale in respect of non-residential buildings;
12. (d) If the construction relates to a plot exceeding three hundred fifty square meter, forty per cent of the rate of sale in respect of residential building and sixty per cent of the rate of sale in respect of non-residential buildings; Provided further that the compounding shall be made in case of residential construction by the Commissioner and in case of non-residential construction with the permission of the Mayor-in-Council: