Section 187 in The Chhattisgarh Municipalities Act, 1961
187. Notice of new building.
(1)No person shall erect or re-erect or construct or build or commence to erect or re-erect or construct or build any building without the sanction of the Council.(2)Before beginning to erect any building, or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the Council is empowered by Section 184, to enforce a removal or set-back, the person intending so to build, alter, add or reconstruct shall give to the Council notice thereof, in writing, and shall, if required by a bye-law or by special order to do so, furnish alongwith such notice a plan showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the Council and all such information as may be required regarding the limits, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closets and cesspools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets and the purpose for which the building will be used.(3)Save as otherwise provided in this Act or the rules and the bye-laws made thereunder, the Council may either refuse to give permission or give permission to erect, alter, add to or reconstruct the building according to the plan and information furnished or may impose, in writing, such conditions as to level, drainage, sanitation, materials or to the dimensions and cubical contents of rooms, doors, windows and apertures for ventilation or to the number of storeys to be erected or with reference to the location of the building in relation to any street existing or projected or the purpose for which the building is to be used as they think proper or may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction.(4)The Council may, before any work has been commenced in pursuance of any permission granted under sub-section (3), revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules and the bye-laws made thereunder, with reference to the matters mentioned in the said sub-section, as it thinks proper, and may direct that the work shall not be proceeded with unless and until questions connected with the respective location of the building and any such street have been decided to its satisfaction.(5)Before issuing any orders under sub-section (3), the Council may, within one month from the receipt of such notice, either issue-(a)a provisional order directing that for a period not exceeding one month from the issue thereof the intended work shall not be proceeded with; or(b)may demand further particulars.(6)A work proposed in a notice given under sub-section (2) may be proceeded with in the manner specified in such notice, provided that such manner is not inconsistent with any provisions of this Act, or any bye-laws for the time being in force thereunder, in the following cases, namely:-(a)in case the Council, within one month from the receipt of such notice, has neither-(i)passed orders under sub-section (3) and served notice thereof in respect of the intended work; nor(ii)issued under sub-section (5) any provisional order or any demand for further particulars;(b)in case the Council having issued such demand for and having received such further particulars, has issued no further orders within one month from the receipt of such particulars.(7)No person who becomes entitled under sub-section (3) or sub-section (6) to proceed with any intended work of which notice is required by sub-section (2) shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed therewith, unless he shall have again become so entitled by fresh compliance with the provisions of the preceding sub-section.(8)[ Whoever begins any construction, alteration, addition or reconstruction without obtaining permission or giving the notice required by sub-section (2) or without furnishing the documents or affording information above prescribed, in any manner contrary to such orders of the Council as may be issued under this section or contrary to the provisions of sub-section (7), or in any other respect contrary to the provisions of this Act or any bye-laws in force thereunder, shall be punished with fine which may extend to one thousand rupees and in the case of continuing contravention of any of the aforesaid provision, with an additional fine which may extend to one hundred rupees for each day during which such contravention continues after conviction for the first such contravention:Provided that the Chief Municipal Officer may, without prejudice to his right to take proceedings for fine in respect of the contravention, require the owner by written notice,-(a)either to pull down or remove the work or if he so elects to effect such alterations therein as may be necessary to make it in conformity with the requirement as shown in the notice; or(b)who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Chief Municipal Officer, to show sufficient cause why such building or work shall not be removed, altered or pulled down; or(c)on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.(8-a) If such person fails to show sufficient cause, to the satisfaction of the Chief Municipal Officer, why such building or work shall not be removed, altered or pulled down, the Chief Municipal Officer may remove, alter or pulldown the building or work and the expenses thereof shall be paid by the persons.] [Substituted by M.P. Act No. 18 of 1997.](9)The Council or any officer deputed by it may, at any time, inspect the erection of any building and at any time during the erection of building or the erection of any such work as aforesaid, or at any time not later than one month after being informed, in writing, by the person responsible for giving notice under sub-section (2) that the erection of the building, or the execution of any such work as aforesaid has been completed, may by written notice specify any matter in respect of which the erection of such building, or the execution of such work, may be in contravention of any provision of this Act or any bye-laws made under this Act at the time in force, and require the person erecting or executing, or who has erected or executed such building or work or if the person who has erected or executed such building or work, is not at the time of notice the owner thereof then the owner of such building or work to cause anything which is contrary to any such provision or bye-laws to be altered or to execute such work, which may be required to be executed by him in accordance with such provision or bye-laws.Explanation. - The expression "to construct 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 door-step or the like, whether constituting part of a building or not;(b)the conversion into a place for human habitation of any building not originally constructed for human habitation;(c)the conversion into more than one place for human habitation of a building originally constructed as one such place;(d)the conversion of two or more places of human habitation into a greater number of such places;(e)such alteration of the internal arrangement of a building, as affect its drainage, ventilation or other sanitary arrangement or its security or stability; and(f)the addition of any rooms, buildings or their structures to any building;and a building so altered, enlarged, reconstructed, converted or added to, shall be deemed to be a "a new building" for the purposes of this Chapter.
