Panchayat:Repo18/Law Manual Page0766

Rule 26

(3) The Secretary shall, on receipt of the completion certificate and on being satisfied that the construction or reconstruction or addition or alteration has been carried out in conformity with the requirements of these rules, issue occupancy certificate in the form in Appendix H: not later than fifteen days from the date of receipt of the completion certificate:

Provided that, in case there is deficiency as per these rules in the minimum mandatory open spaces/yards 25[other than the distance stipulated as per Section 220(b) of the Act and rule 112 of these Rules] after completion of the construction, the secretary may allow a tolerance upto 5% of the minimum mandatory open spaces/yards to be provided as per these rules or 26[25] centimetres whichever is less for the building constructed:

Provided also that if no such occupancy certificate is issued within the said fifteen days, the owner may proceed as if such occupancy certificate has been duly issued to him.

(4) The owner of a building may if he intends to occupy the building before its completion, apply to the Secretary for that purpose and the Secretary shall, on being satisfied that such occupancy will not in any way endanger life, issue occupancy certificate in respect of the completed part.

                     CHAPTER IV 
              GENERAL PROVISIONS REGARDING SITE AND BUILDING
                      REQUIREMENTS 

26. General requirements regarding plot.—(1) No land development or redevelopment shall be made, and/or no building shall be constructed on any plot on any part of which there is deposited refuse, excreta or other offensive matter, which in the opinion of the Secretary is considered objectionable, until such refuse, excreta or other offensive matter has been removed there from and the plot has been prepared or left in a manner suitable for land development, redevelopment or building purpose, to the satisfaction of the Secretary.

(2) No land development or redevelopment shall be made or no building shall be constructed on a plot, which comprises or includes a pit, quarry or other similar excavation or any part thereof unless such plot has been prepared or left in a manner or condition suitable for land development or redevelopment or building purposes to the satisfaction of the Secretary.

(3) No land development or redevelopment shall be made or no building shall be constructed in a plot liable to flood or on a slope forming an angle of more than 45 degrees with the horizontal or on soil unsuitable for percolation or on area shown as floodable area in any town planning scheme or in sandy beds, unless it is proved by the owner to the satisfaction of the Secretary that construction of such a building will not be dangerous or injurious to health and the site will not be subjected to flooding or erosion, or cause undue expenditure of public funds in the provision of roads, sewers, sanitation, water supply or other public services.

(4) Any land development or redevelopment of land or construction in any area notified by Government of India as Coastal Regulation Zone under the Environment (Protection) Act, 1986 (29 of 1986) and Rules made thereunder shall be subject to the restrictions that may be imposed by Government of India contained in the said notification as amended from time to time.

[(4a) In the case of buildings and construction projects having built-up area not less than 20,000 sq. metres and other activities as specified in the schedule to the Notification No. S.O. 1533 (E) dated the 14th September, 2006 and amendments thereto, issued by the Ministry of Environment and Forests, Government of India, which require prior environmental clearance from