Power of Corporation to regularise on payment of fees.

(1) Notwithstanding anything contained in this Chapter, if the Corporation, after considering all the facts and circumstances of the case and after making such inquiry as it may deem fit, is of the opinion that the party concerned has not complied with the notice, if any, issued under sub-section (1) of section 49 or sub-section (1) of section 49A or in other cases of contravention of the provisions of this Act or any rule or bye-law made thereunder, the Corporation, instead of making an order for —

(a) demolition of any building, verandah, platform or other structure; or

(b) making any alteration of any building or other work; or

(c) removal of any verandah, platform or other fixture attached to a building so as to form a part of such building or which causes a projection, encroachment or obstruction over any public street;

may, if satisfied that such demolition, alteration or removal of the works of the party concerned referred to in clauses (a), (b) and (c) —

(i) would result in undue hardship to the party concerned; or

(ii) would not cause unreasonable inconvenience to the public,

order regularisation of such works if the party concerned pays to it such fee not exceeding rupees one hundred per square foot of the constructed area or the area covered by any alteration, verandah, other structure, projection or encroachment as may be specified by the State Government by a notification having regard to the nature and type of the construction :

Provided that where the works referred to in clauses (a), (b) and (c) are situate over the land belonging to the Corporation or the State Government or any other authority owned and controlled by the State Government, the Corporation shall not order regularisation of such works except after ascertaining from the State Government the cost of such land and upon payment by the party concerned of such cost in addition to the regularisation fee.

(2) If the party concerned fails to pay the fee referred to in sub-section (1) or the cost of the land within such time (not being less than one month from the date of making an order) as may be specified by the Corporation in this order, it may pass such order as to demolition of building, alteration or other works as it may deem fit.