Section 119 in Cuttack Development Authority (Planning and Building Standards) Regulations, 2001
119. Restriction on compounding.
(1)Any deviation pertaining to unauthorised development shall not be compounded :(i)where construction has been undertaken on Government land or land belonging to local body or a land not owned by the person undertaking such development;(ii)where FAR or height has been exceeded or front setback has been reduced from the prescribed norms under these regulation and/or charges for public utility services has not been deposited;(iii)where development has been undertaken un-authorisedly within the prohibited limits of any ancient or archaeological monuments or where such developments interfere with the natural drainage of the locality;(iv)where development has been undertaken unauthorisedly over the area earmarked or approved for parking; and,(v)where road or drain whether public or private, whether constructed or natural, has been encroached.(2)Subject to the provisions contained in sub-Regulation (1), the Authority shall have the power to determine further such circumstances under which compounding may be prohibited. Every such decision shall be notified under Regulation 14, and will be enforceable for all plans submitted for approval after expiry of six months from the date of Notification(3)The Authority may, either before or after the institutions of the proceedings under the provision of the Act compound any offence :(i)where development has been undertaken without permission, but within the frame work of use restrictions and the provisions of these Regulations applicable to the concerned plot;(ii)where development has been undertaken in deviation of the approved plan, but within the framework of the use restriction and the provisions, norms, and stipulations of these Regulations; and(iii)The Authority may however compound deviations upto 5% (five percent) beyond the permissible norms of these regulation with respect to coverage, side and rear setbacks .
