Section 308A in The M.P. Municipal Corporation Act, 1956
308A. [ Compounding of offences of construction of buildings without permission. [Inserted by M.P Act No. 16 of 1994.]
- [Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or bye-laws made thereunder, the Commissioner may compound the offence of constructing buildings without permission or contrary to the permission granted, if -(a)such construction docs not affect the regular building line;(b)the unauthorised construction made in the marginal open spaces or in excess of the prescribed floor area ratio does not exceed ten percent of the prescribed floor area ratio;(c)such construction does not come within the area notified by the State Government as a hill station or a place of tourist importance or sensitive from the point of ecology;(d)such construction does not come within the area specified for parking of vehicles;(e)such construction does not come within the boundary of roads or within the area affecting alignment of public roads;(f)such construction does not come within the area specified for Tanks (Talab).(g)such construction does not come within thirty metres or such further distance from the river bank as may be specified in the master plan of the concerned town;(h)such construction does not come within the area of any nallah and water stream :][Provided that in compounding the cases, fees shall be charged, as under in respect of the area of unauthorized construction on the basis of the rate of sale of land determined by the Collector of stamps for the area concerned.] [Substituted by M.P. Act No. 29 of 2003.](a)If the construction relates to a plot of one hundred square meter, ten percent of the rate of sale in respect of residential buildings and fifteen percent of the rate of sale in respect of non-residential houses/buildings.(b)If the construction relates to a plot exceeding one hundred square meter but does not exceed two hundred square meter, twenty percent of the rate of sale in respect of residential building and thirty percent of the rate of sale in respect of non-residential buildings.(c)If the construction relates to a plot exceeding two hundred square meter but does not exceed three hundred fifty square meter, thirty percent of the rale of sale in respect of residential buildings and forty five percent of the rate of sale m respect of non-residential buildings.(d)If the construction relates to a plot exceeding three hundred fifty square meter, forty percent of the rate of sale in respect of residential building and sixty percent of the rate of sale in respect of non-residential buildings :[Proviso Omitted] [Omitted by M.P. Act No. 21 of 2005.]Provided also that nothing contained in this Section shall apply to any person who does not have any right over the building or the land on which the construction has been made.]
