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[Cites 0, Cited by 184] [Section 406] [Entire Act]

State of Kerala - Subsection

Section 406(1) in Kerala Municipality Act, 1994

(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 Council; 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 of this Act or any rule or bye-law or order made or issued thereunder or any direction or requisition lawfully given or made under this Act, such rule, bye-law or order; or
(ii)that any alteration required by any notice issued under section 395 has not been duly made; or
(iii)that 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 405,
he may make a provisional order requiring the owner or the person for whom the work is done to demolish the work done, or so much of it as, in the opinion of the Secretary, has been unlawfully executed or to make such alterations as may, in the opinion of the Secretary, 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 fees as may be fixed by the Government, regularise any constructions, reconstruction or alteration of any building or digging of any well, commenced, carried on or completed without getting a plan approved by the Secretary or in deviation of the approved plan, if such construction, reconstruction or alteration of the building or digging of the well does not contravene any of the provisions and specifications mentioned in this Act or the Building Rules made thereunder.] [Added by Act 14 of 1999, w.e.f. 24-3-1999.]