340. Power to prohibit change of authorized use of building.
(1)No person shall, without the permission, in writing, of the Chief Municipal Officer or otherwise than in conformity with the conditions of such permission,-(a)use, or permit to be used, for the purpose of human habitation any building or part thereof not originally erected or authorized to be used for such purpose,(b)change, or allow the change of, the use of a building for any. purpose other than that specified in the sanctioned plan,(c)change, or allow the change of, the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned or to the use to which such building was actually put,(d)convert, or allow the conversion of, a tenement within a building to an occupational use, other than the use intended in the original sanctioned plan, or materially alter, enlarge, or extend such use.(2)If, in any case, such permission is given, no change of occupancy or use shall be allowed before necessary alterations or provisions have been made to the satisfaction of the Chief Municipal Officer and in accordance with the provisions of this Act and the Rules and the Regulations made thereunder and any other law for the time being in force.(3)Any change of use made before the commencement of this Act, except in so far as such use is permissible under the provisions of an earlier State law on the subject in force before the commencement of this Act, shall be deemed to be a change in contravention of the provisions of this Act.(4)Without prejudice to any other action that may be taken against any person, whether owner or occupier, contravening any provision of this Section, the Municipality may levy on such person such fine, not exceeding, in each case, rupees one hundred per square metre per month for the area under unauthorized use throughout the period during which such contravention continues, as may be provided by regulations.(5)The Chief Municipal Officer may, if he deems fit, order that such unauthorized use be stopped forthwith:Provided that before making any such order, he shall give a reasonable opportunity to the person affected to show cause why such order shall not be made.(6)Any person aggrieved by an order of the Chief Municipal Officer under subsection (5) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal whose decision in the matter shall be final and conclusive.(7)When an appeal is preferred under sub-section (6), the Municipal Building Tribunal or the Municipality, as the case may be, may stay the enforcement of the order made by the Chief Municipal Officer under sub-section (5) on such terms, and for such period, as it may think fit.(8)Save as otherwise provided in this Section, no court shall entertain any suit, application or other proceeding for any relief or injunction, restraining the Chief Municipal Officer or the Municipal Building Tribunal or the Municipality from taking any action or making any order in pursuance of the provisions of this Section.Explanation. - For the purposes of this Chapter, "unauthorized use" shall mean change or conversion of a building without sanction from one occupancy or use group to another occupancy or use group referred to in sub-section (2) of Section 312.
