Panchayat:Repo18/Law Manual Page0761

Rule 20

infraction of the right to property under Art.300A of the Constitution.— Nasar P.K. v. Malappuram Municipality – 2009 (3) KHC 35: 2009 (3) KLT 92: 2009 (2) KLJ 584 : ILR 2009 (3) Ker.520.

                                                                                 CHAPTER III 
                                                ACTION AGAINST UNAUTHORISED CONSTRUCTIONS

19. Deviation during construction and power of Secretary to require alteration in work.- (1) The applicant shall, if he intends to make any deviation from the approved plan or specification during the execution of any development or redevelopment of land or construction or reconstruction or alteration of any building, submit revised plans and drawings showing the deviation and obtain revised permit:

Provided that no permit is necessary for effecting minor deviations such as shifting the position of access to plots in the case of layouts and shifting the position of rooms, stairs, lifts, windows, doors or ventilators and changing their sizes in the case of building constructions if they do not conflict with these rules:

Provided further that the deviations mentioned in the above proviso shall be incorporated in the completion plan and submitted along with completion certificate.

(2) Where it comes to the notice of the Secretary that a work,

(a) is not in accordance with the plans or specifications approved;

(b) is in contravention of any of the provisions of the Act, these rules, bye-law or declaration made there under; may, by notice, require the person for whom such work is done,

(i) to make such alterations as may be specified in the notice with the object of bringing the work in conformity with the plans or specifications approved or the provisions so contravened; or

(ii) to show cause why such alterations should not be made within such period as may be specified in the notice:

Provided that any construction carried out in deviation of the approved plans or specific conditions shall not be required to be altered if such construction does not violate the provisions or specific conditions contained in the Act or these rules

(3) Where the person to whom the notice under sub rule (2) is issued does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice.

(4) Where the person to whom the notice under sub-rule (2) is issued shows sufficient cause as aforesaid, the Secretary may, cancel the notice and in other cases, by order confirm or modify the notice.

20. Demolition or alteration of work unlawfully commenced, carried on or completed.— (1) Where the Secretary is satisfied-

(i) that the construction, reconstruction or alteration of any building or digging of any well,

(a) has been commenced without obtaining the permission of the Secretary or in contravention of the decision of the Village panchayat; or

(b) is being carried on, or has been completed otherwise than in accordance with the plans or specifications on which such permission or decision was based; or

(c) is being carried on or has been completed in breach of any of the provisions contained in the Act or these rules or bye-law or order made or issued thereunder or any direction or requisition lawfully given or made thereunder; or