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[Cites 0, Cited by 44] [Section 235W] [Entire Act]

State of Kerala - Subsection

Section 235W(1) in Kerala Panchayat Raj Act, 1994

(1)Where the Secretary is satisfied that -
(i)the construction, or reconstruction or alteration of any building -
(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 specifications, or information on which such permission or decision was based; or
(c)is being carried on, or has been completed in contravention of any of the provisions of this Act or any rule or bye-law or order made or issued there under or any direction or requisition lawfully given or made under this Act, such rule, bye-law or order; or
(ii)any alteration required by notice issued under section 235 N, has not been duly made;or
(iii)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 of section 235-V, he may make a provisional order requiring the owner or the persons for whom the work is done, to demolish the work done, or any part of it as, in the opinion of the Secretary, has been unlawfully executed or to make such alteration as may be necessary to bring the work in conformity with the provisions of this Act, bye-laws, rules, 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
Provided that the Secretary may, on realisation of a compounding fee as may be fixed by government, regularise any construction, re-construction, or alteration of the building, commenced, carried on or completed, without getting a plan approved by the Secretary or in deviation of the plan approved by him, if such construction or alteration of the building does not contravene any of the criteria or specifications mentioned in the Act or the rules made there under.