Provided that no such order shall be passed unless the aggrieved party has been given an opportunity of being heard.

Relaxation in Compounding the unauthorized construction C. Relaxation in Compounding the unauthorized construction-

1. (1) Notwithstanding anything contained in Section 308-A or any other provisions of this Act or any other law for the time being in force , the Commissioner may, on the application made in this behalf by order, compound the cases involving deviations from the approved plan or map, or construction made without permission by collecting compounding fee at such rate as may be determined by the State Government.
2. (2) The application under sub-section (1) shall be made within 90 days from the date of the commencement of the Madhya Pradesh Nagarplaik Vidhi (Sanshodhan) Adhiniyam, 2003 and the Commissioner shall, after making such enquiry as he deems fit decide all applications received under sub-section (1) within six months from the date of receipt. If the Commissioner fails to decide the applications received under sub-section (1) within the aforesaid period he will be deemed ton be guilty of dereliction of duty and liable for disciplinary action.
3. (3) Upon the issue of the order under sub-section (1), permission shall be deemed to have been granted under this Act and the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 and the rules and byelaws made thereunder.
4. (4) Nothing contained in sub-section (1) shall apply to any application by any person who does not have any right over the building or the land on which the construction has been made or to any application in respect of any building erected or constructed in any of the following areas:-
   • (i) area notified by the State Government as a hill station or place of Tourist importance or as sensitive/fragile from the point of ecology;
   • (ii) area specified for parking of vehicles;
   • (iii) area coming within the Road or area affecting alignment of Public Roads;
   • (iv) area specified for tanks (Talab):
   • (v) area of construction affecting regular building line.
   • (vi) area of construction coming within thirty metres or such further distance from the river bank as may be specified in the master plan of the concerned town;
   • (vii) area of any nallah and water stream.