Section 339C in The Chhattisgarh Municipalities Act, 1961
339C. Punishment for Illegal Colonization.
- [(1) A colonizer or other person who, in contravention of the provisions of Section 172 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) and the Rules framed thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land.(2)A colonizer or other person who divides his land into plots or the land of any other person with the object of establishing a colony in violation of the provisions contained in this Act or the rules framed in this regard, commits an offence of illegal colonization.(3)Whoever commits or abets the commission of an offence of illegal diversion or illegal colonizations shall be punished with imprisonment of not less than three years and not more than seven years and with a minimum fine of one lac rupees, and the court may in passing the judgment in respect of any such offence order the accused to pay to the Municipal Council or the Nagar Panchayat, as the case may be, such amount of compensation as specified in the judgment, taking into consideration the amount required to be incurred towards the development of such illegal colony.(4)Whoever constructs a building in an area of illegal diversion or illegal colonization commits an offence of illegal construction.(5)Whoever commits an offence of illegal construction shall be punished with imprisonment of not less than three years and not more than seven years and with a minimum fine of one lac rupees.(6)It shall be incumbent upon every colonizer to display correct information about the area (including the carpet area) of the housing units proposed for construction and facilities to be provided in a colony in all its advertisements published in the form of pamphlets, brochures, hoardings and in all communication to customers and shall explicitly mention the number and date of his Registration Certificate over it, and any violation of these provisions shall make such colonizer liable for punishment under sub-section (3) and sub-section (5).(7)For the purposes of this Section, the liability in respect of any offence shall rest jointly and severally upon the directors, promoter (s) and financiers.] [[Substituted by C.G. Act No. 16 of 2011, w.e.f. 2-1-2012. Prior to substitution Section 339-C stood as under:-'339-C. Punishment for illegal colonisation.-(1) A Colonizer who, in contravention of the provisions of Section 172 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder, diverts the land or port thereof, commits an offence of illegal diversion of land.(2)A Colonizer who divides his lands into plots or the land of any other person with the object of establishing a colony in breach of the requirements contemplated in this Act or the rules made in this behalf, commits an offence of illegal colonization.(3)Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with simple imprisonment which may extend to six months or with a minimum fine of ten thousand rupees or with both.(4)Whoever constructs a building in an area of illegal diversion or illegal colonization commits an offence of illegal construction.(5)Whoever commits an offence of illegal construction shall be punished with simple imprisonment which may extend to six months or with a minimum fine of one thousand rupees or with both'.]]
