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State of Punjab - Section

Section 16A in The Punjab Capital (Development and Regulation) Building Rules, 1952

16A. [ (1) No person shall, without the written permission of the Estate Officer, open, break up, displace, take up or make any alteration in, or cause any damage to the Soil or pavement or any wall, fence, post, chain or other material or thing forming part of any street, or road and deposit any building materials, debris or any other substance whatsoever in any street or road or a public place or set up thereon any scaffold or any temporary erection for the purpose of any work whatsoever, or any posts, bars, rails, boards or other things by way of an enclosure.] [Rule 16-A added vide Chandigarh Adm. notification No. UT-5336-F2-76/18599 dated 24.9.76.]

(2)Any permission granted under sub-rule (1) shall be terminable at the discretion of the Estate Officer on his giving not less than twenty-four hours notice of such termination to the person to whom such permission was granted.
(3)The Estate Officer may, without notice, cause to be removed any of the things referred to in sub-rule (1) which has been deposited or set up in any street without the permission specified in that sub-rule or which having been deposited or set up with such permission has not been removed within the period specified in the notice issued under sub-rule (2).
(4)Any of the things caused to be removed by the Estate Officer under sub- rule (3) shall unless the owner thereof turns up to take back such thing and pays to the Estate Officer charges for the removal and storage of such things within 15 days, be disposed of by the Estate Officer by public auction or in such other manner and within such time as the Estate Officer thinks fit. The sale proceeds of the things sold shall be paid to the owner, after deducting the charges for removal and storage of such thing, on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period the sale proceeds shall be credited to government.
(5)
(i)While seeking permission under sub-rule (1) above, or making an application for the erection or re-erection of a building under rule 7, the person concerned shall deposit with the Estate Officer a security of such sum of money as may be fixed by the Chief Administrator from time to time.
(ii)Different amount may be prescribed for different buildings depending upon situation of the site, size thereof, the type and extent of the proposed construction and other relevant factors.
(iii)Charges for the removal of debris and other unsaleable material, caused to be removed under sub-rule (3) or damages on account of any damage done to any street or road etc., shall be deducted by the Estate Officer from the security and the rest of the amount shall be refunded after the completion of the building.
(iv)The amount referred to in sub-rule (iii) above shall be determined by the Estate Officer or such other gazetted officer as he may authorise in this behalf.
(v)Any person feeling aggrieved by the order of the Estate Officer or of the authorised Officer passed under clause (iv) above shall be entitled to file an appeal to the Chief Administrator withing 30 days of the passing of the order. The order passed by the Chief Administrator shall be final.
[17. Validity of the sanction plan. - If a building is not completed within three years of the date of sanction, the sanction will be deemed to have lapsed.] [Substituted by Chandigarh Administration Gazzette dated 22.1.1993.]