Section 78 in The Bihar State Housing Board Act, 1982
78. Penalty for unauthorised construction without approval or construction in violation of provision of Rules/Regulations.
(1)No person shall in the area in which the Board undertakes a housing scheme or execution of any of the schemes under Section 28, erect, re-erect, construct, add to or alter any building or wall or commence to do so either on land or building owned by him or allotted to him by the Board without prior sanction of the Managing Director by submitting a plan showing the proposed construction and provided that the proposed construction is in conformity with Rules, Regulations and bye-laws framed under the provision of this Act.(2)The Managing Director may raise objections if any under the provisions of Rules, Regulations or bye-laws constituted under the Act on any plan showing the proposed construction received for his approval under the provisions of sub-section (1) within 3 months from the date of receipt of such plan and approve after the objections are met:Provided that the maximum time limit for approval of plan shall not exceed period of six months from the date of its receipt.Should the Managing Director neglect or omit for six months after the objections under sub-section (2), if any, are met to approve such plan, the Managing Director shall be deemed to have sanctioned the proposed plan absolutely.(3)Any person, who either himself or for any other person, or institution, erects, re-erects, adds to or alters any wall or building without obtaining the sanction under sub-section (1) or in contravention to the terms, and conditions attached to the sanction or in violation to the Rules and Regulations or bye-laws made in this connection, or if the construction project into the street alignment or beyond the building line prescribed under any of the schemes mentioned in this Act, or prescribed for different regions areas, in the Regulations, bye-laws shall be punishable with a fine of Rs. 2,000 and if the said unauthorised erection, re-erection, addition and alteration, projection into the street alignment or beyond the building line made without or construction without sanction or contrary to the prescribed Rules, Regulations and bye-laws continue shall be punishable by an additional fine of rupees two hundred lot each day till it continues.(4)Where such building or construction work is not discontinued even after enforcement of sub-section (3) of this Section, the Managing Director may require any Police officer to remove the person by whom the construction is being done, and all his assistants and workmen from place of building or construction work, and such Police officer shall comply with the requisition, within the time specified in the requisition.(5)If any building or construction work is done without obtaining sanction under sub-section (1) of this Section or in contravention of the terms and conditions of the sanction if contravenes the provisions of this Act or Rules, Regulations and bye-laws framed under the provision of the Act the Managing Director may in addition to the prosecution that may be instituted under this Act, make an order, directing that such building or construction work shall be removed by demolition, filling or otherwise by the owner thereof or by person or persons at whose instance the building or construction work was commenced or is being carried out or has been completed within a prescribed period which shall not be less than thirty days from the date of notice and in the event of failure of compliance in the order within the specified period the Board may, through its officers, remove or cause to be removed such unauthorised building or construction work and the expenses of such removal shall be recovered from the person by whom or at whose instance the unauthorised building or construction work was commenced or was being carried out or was completed as arrears of land revenue:Provided that no such order shall be made unless the owner or the person concerned has been given reasonable opportunity to show cause why the orders should not be made.(6)Any person aggrieved by the order passed under Section 78 (5) may within 30 days from the date of the notice of such order prefer an appeal to the Tribunal constituted under Section 52 and the Tribunal may, after hearing the parties to the appeal, dispose of the appeal and the decision of the Tribunal shall be final and conclusive.(7)If any person obstructs or molests any officer or employee of the Board or any other person authorised under the Act in the performance or execution by such person of his duty or of any thing which he is empowered or required to do by virtue of or in consequence of this Act, or any Rule or Regulation made thereunder, he shall on being proved guilty, be punished with imprisonment which may extend up to six months, or with fine, which may extend upto rupees two thousand or with both.
