Section 211 in The Himachal Pradesh Municipal Corporation Act, 1994
211. Penalty for disobedience.
(1)Should a building be begun, erected or re-erected -(a)without sanction as required by sub-section (1) of section 203 ; or(b)without notice as required by sub-section (2) of section 203 ; or(c)when sanction has been refused,the municipality may, by notice, delivered to the owner within six months from the completion of building, require the building to be altered or demolished as it may deem necessary within the period specified in such notice; and should it be begun or erected -(d)in contravention of the terms of any sanction granted ;(e)when the sanction lapsed ; or(f)in contravention of any bye-law made under section 204 or, in the case of a building, of which the erection has been deemed to be sanctioned under sub-section (5) of section 208, if it contravenes any scheme sanctioned under section 205,the municipality may by notice to be delivered to the owner within six months from the completion of the building, require the building to be altered in such manner as it may deem necessary, within the period specified in such notice:Provided that the municipality shall require a building to be demolished or altered so for as is necessary to avoid contravention of a building scheme drawn up under section 205:Provided further that where the erection of the work has not been completed, the Executive Officer may by the same or separate order, whether made at the time of the issue of the notice under this sub-section or at any other time, direct the person to stop erection or work till the expiry of the period within which an appeal against the order of demolition if made, may be preferred under sub-section (1) of section 212:Provided further that if any notice issued by the Executive Officer or Secretary, as the case may be, under this section on the ground that a building has been begun or has been erected in contravention of the terms of any sanction granted or in contravention of any bye-law made under section 204, the person to whom the notice is issued may, within fifteen days from the date of service of such notice, appeal to the municipality and subject to the provisions of sections 212, 263 and 269, the decision of the municipality shall be final :Provided further that the copy of the final order of the municipality shall be given free of cost to the appellant immediately after it is made.(2)[ Where the owner of the building submits the revised plan, after the work has been stopped by him or the work is completed by him and there are deviations from the sanctioned plan, the municipality may, subject to the special or general directions of the State Government under sub-section (3), compound the cases of deviations upto 10 % from the sanctioned plan:Provided that where the revised plan involves erection of building -(i)on any Government land or the land vested in a municipality or a local authority ; or(ii)by covering any public road, street, path or drain ; or(iii)by contravening the provisions of the Himachal Pradesh Roadside Land Control Act, 1968 (21 of 1969);the municipality shall not compound deviations from the sanctioned plan.] [Substituted for Sub-Section (2) vide Act No. 8 of 1997 effective w.e.f. 10.1.1997.](2-A) Any person aggrieved by the decision of the municipality under sub-section (2), may, within thirty days from the passing of the order by the municipality and in such manner as may be prescribed, appeal to the Deputy Commissioner.(2-B) Any person aggrieved by the decision of the Deputy Commissioner in appeal under sub-section (2-A), may, within thirty days from the order made by the Deputy Commissioner and in such manner as may be prescribed, appeal to the State Government.(2-C) The appellate authority may, for reasons to be recorded in writing, allow the appeals to be filed after the expiry of the period of thirty days specified in sub-sections (2-A) and (2-B) and for calculating the period of thirty days under the said sub-sections, the time spent in procuring the certified copies of the orders to be appealed against shall be excluded.(2-D) Notwithstanding anything contained in sub-sections (2), (2-A) and (2-B), the State Government may, in exceptional cases of extreme hardship, compound the cases of deviations from sanctioned plans.(3)Without prejudice to the provisions contained in this Act, the Government, may from time to time, give such special or general directions in the matters of policy in relation to the compounding of cases involving deviations from the sanctioned plans as in its opinion are required to be followed by the municipality for compounding such cases under sub-section (2) of this section.(4)Notwithstanding anything to the contrary contained in this Act, the municipality may, after affording a reasonable opportunity of being heard, deny or withdraw the civic amenities including water and sewerage connections, if the owner of the building makes deviations from the sanctioned plan by addition of a storey beyond the sanctioned plan, erection of a building on any Government land or land vested in the municipality or by covering any public road, street, path or drain.(5)Any person failing to comply with the direction to stop erection or work under second proviso to sub-section (1), shall be punishable with fine which may extend to one thousand rupees and when the non-compliance is a continuing one, with a further fine, which may extend to fifty rupees for every day during which the non-compliance continues.
