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State of Chattisgarh - Section

Section 308A in The Chhattisgarh Municipal Corporation Act, 1956

308A. [ Compounding of offences of construction of buildings without permission. [Substituted by C.G. Act No. 18 of 2012, dated 1.8.2012.]

(1)Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or bye-laws made thereunder, the Commissioner may compound the offence of constructing buildings without permission or contrary to the permission granted if -
(a)such construction does not affect the regular building line;
(b)the unauthorized construction made in the marginal open spaces or in excess of the prescribed floor area ratio does not exceed ten percent of the prescribed floor area ratio ;
(c)such construction does not come within the area notified by the State Government as a hill station or as a place of tourist importance or as sensitive from the point of ecology;
(d)such construction does not come within the area specified for parking of vehicles ;
(e)such construction does not come within the boundary of roads or within the area affecting alignment of public roads;
(f)such construction does not come within the area specified for Tank (talab);
(g)such construction does not come within thirty metres or such further distance from the river bank as may be specified in the master plan area;
(h)such construction does not come within the area of any mullah and water stream :]
[Provided that in cases, relating to unauthorized construction, the following compounding fees as mentioned in column (2) of the table below for the corresponding area as mentioned in column (1) of the said table, shall be charged, namely:-
Plot area having unauthorized Construction   Compounding Fess Payable
(1)   (2)
Upto 100 sq. meters.   15 times of permission fees
Above 100 sq. meters but less than 200 sq.meters   20 times of permission fees
Above 200 sq. meters but less than 300 sq.meters   25 times of permission fee
Above 300 sq. meters but less than 400 sq.meters   30 times of permission fee
Above 400 sq. meters but less than 500 sq.meters   35 times of permission fee
Above 500 sq. meters but less than 600 sq.meters   40 times of permission fee
Above 600 sq. meters but less than 700 sq.meters   45 times of permission fee
Above 700 sq. meters   50 times of permission fee]
Proviso Omitted[Provided further that nothing contained in this section shall apply to any person who does not have any right over the building or the land on which such construction has been made.] [Substituted by C.G. Act No. 30 of 2015, dated 7.8.2015.][***] [Deleted '(2)' by C.G. Act No. 30 of 2015, dated 7.8.2015.]