Section 187(9) in Karnataka Municipalities Act, 1964
(9)(a)If the Municipal Commissioner or Chief Officer is satisfied,-(i)that the construction, reconstruction or erection of a building,-(A)has been commenced without obtaining the permission of the municipal council; or(B)is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which the permission was granted; or(C)is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye-laws, or(ii)that any alterations required by any notice issued under subsection (8) have not been duly made, he may make a provisional order requiring the owner or the builder to demolish the work done, or so much of it as, in the opinion of the Municipal Commissioner or Chief Officer, has been unlawfully executed, or make such alterations as may, in the opinion of the Municipal Commissioner or Chief Officer, be necessary to bring the work into conformity with this Act, rules, bye-laws, direction or requisition as aforesaid, or with the plans or particulars on which such permission was based, and may also direct that until the said order is complied with, the owner or builder shall refrain from proceeding with the building.(b)The Municipal Commissioner or Chief Officer shall serve a copy of the provisional order made under clause (a) on the owner of the building together with a notice requiring him to show cause within a reasonable time not being less than three days, to be specified in the notice why the order should not be confirmed.(c)If the owner fails to show cause to the satisfaction of the Municipal Commissioner or Chief Officer, he may confirm the order, with any modification he may think fit to make and such order shall then be binding on the owner.(d)If within a reasonable time mentioned in the order made under clause (c), the owner does not comply with it, the Municipal Commissioner or Chief Officer may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the order.(e)The Municipal Commissioner or Chief Officer may recover any reasonable expenses incurred under clause (d) from the person to whom the order was addressed in the same manner as tax on building under this Act, and may in taking measures utilise any materials found on the property concerned or may sell them and apply the sale proceeds towards the payment of the expenses incurred.Explanation. - The expression "to erect a building" throughout this Chapter includes,-(a)any material alteration, enlargement or reconstruction of any building, or of any wall including compound wall and fencing, verandah, fixed platform, plinth, doorstep, or the like whether constituting part of a building or not;(b)the conversion into a dwelling house of any building not originally constructed for human habitation or, if originally so constructed subsequently appropriated for any other purpose;(c)the conversion into more than one dwelling house of a building originally constructed as one dwelling house only;(d)the conversion of two or more places of human habitation into a greater number of such places;(e)the conversion into a place of religious worship or into a building for a sacred purpose of any building not originally constructed for such purpose;(f)the conversion into a stall, shop, warehouse or godown, stable, factory or garage of any building not originally constructed for use as such or which was not so used before the change;(g)such alteration of the internal arrangements of a building as affect its drainage, ventilation or other sanitary arrangements, or its security or stability; and(h)the addition of any rooms, buildings or other structures to any building;and a building so altered, enlarged, re-constructed, converted or added to, shall, for the purpose of this Chapter be deemed to be new building.
