Panchayat:Repo18/Law Manual Page0762

Rule 20

(ii) that any alteration required by notice issued regarding deviation has not been duly made; or,

(iii) that any alteration of or addition to any building or any other work made or done for any purpose in or upon any building has been commenced or is being carried on or has been completed in contravention of the provisions regarding accessory buildings and sheds, the secretary may make a provisional order requiring the owner or the person for whom the work is done, to demolish the work done or so much of it as, in the opinion of the Secretary, has been unlawfully executed or to make such alterations as may, in the opinion of the Secretary, be necessary to bring the work in conformity with the provisions of the Act, these rules, bye-laws, direction, order or requisition as aforesaid, or with the plans and specifications on which such permission or decision was based, and may also direct that until the said order is complied with, the owner or such person shall refrain from proceeding with the work.

(2) The Secretary shall serve a copy of the provisional order made under sub-rule (1) on the owner or person for whom the work is done together with a notice requiring him to show-cause within 7 days, why the order should not be confirmed.

(3) Where the owner or the person for whom the work is done fails to show-cause to the satisfaction of the Secretary, the Secretary may confirm the order or modify the same to such extent as he may think fit to make, and such order shall then be binding on the owner or the person for whom the work is done; and on the failure to comply with the order, within thirty days the Secretary may himself cause the building or part thereof to be demolished or the well to be dismantled, as the case may be, within another thirty days and the expenses thereof shall be recovered from the owner or such person:

Provided that any construction or reconstruction or addition or alteration of any building or digging of any well, commenced, being carried on or completed without obtaining approved plan or in deviation of the approved plan shall not be directed to be altered or demolished if such construction or reconstruction or addition or alteration of building or digging of well does not violate any provision or specific condition contained in the Act or these rules and has been regularised under the provisions in these rules.

Note.- A copy of the confirmation order shall be forwarded to the Director of Panchayats for information.

(4) Notwithstanding any thing contained in sub-rule (2) or sub-rule (3) the Secretary may also initiate prosecution proceedings against the owner or the person for whom the work has commenced, is being carried on or has been completed.

(5) The Government may, either suo-motu or on application made by any person aggrieved, after examining the records and hearing the applicant and/or person who has carried out the constructiсn or reconstruction or alteration or addition of any building or any structure or digging of any well as in sub-rule (1) and the Secretary, if convinced that the construction or reconstruction or alteration or addition of building or the structure or digging of the well has been carried out violating the provisions contained in the Act or these rules or any other rules issued under the Act or any lawful direction issued by the Government or Secretary, direct the Secretary to revoke the permit and/or stop the work and/or require to modify the construction and/or demolish the construction or reconstruction or alteration or addition or fill up the well within a period to be specified in that direction. The government may also directly revoke the permit and/or stop the work in such cases.

(6) The Government may, if the Secretary fails to execute the direction issued under subrule (5) to demolish a construction or reconstruction or alteration or addition or fill up the well within the period specified therein, make necessary arrangements for the same and recover the expenses from the Panchayat concerned.