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State of Jharkhand - Section

Section 77 in Jharkhand Building Byelaws 2016

77. Restriction on Compounding.

- 77.1 Any deviation pertaining to unauthorized development shall not be compounded;7.1.1Where construction has been undertaken on Government land or land belonging to local body or land not owned by the person undertaking such development;77.1.2Where development has been undertaken un-authorized within the prohibited limits of any ancient or archaeological monuments.77.1.3Where such developments interfere with the natural drainage of the locality;77.1.4Where development has been undertaken un-authorized over the area earmarked/approved for parking; and,77.1.5Where road or drain whether public or private, whether constructed or natural, has been encroached.77.1.6Where number of floors has been increased from permissible limit/sanctioned map.
77.2Subject to the provisions contained in sub bye law, the Authority shall have the power to determine such other circumstances under which compounding may be prohibited.
77.3The Authority may, either before or after the institution of the proceedings under the provisions of the Act compound any offence:
77.3.1Where development has been undertaken without permission, but within the framework of use restrictions and the provisions of these bye laws applicable to the concerned plot;
77.3.2Where development has been undertaken in deviation of the approved plan, but within the framework of the use restriction and the provisions, norms, and stipulations of these bye laws; and
77.3.3The Authority may however compound deviations beyond the permissible norms of these bye laws up to 10% in respect of side, front and rear setbacks, 10% in respect to FAR and 10% in respect to height. Any deviation beyond the compoundable limit of 10% or addition of extra floor will not be allowed and will be subject to demolition of the offending areas/part of the building. The owner/builder shall carry out the demolition and take all precautions to ensure the structural safety of the remaining part of the building and ensure that no damage is caused to life and property in any way.