187A. [ Compounding of offences of construction of buildings without permission. [Inserted by M.P. Act No. 17 of 1994.]
- [Notwithstanding anything contained in this Act or any other Act, for the lime being in force or any rules or bye-laws made thereunder, the offence of constructing buildings without permission or contrary to the permission granted, may be compounded, if-](a)such construction does not affect the regular building line;(b)the unauthorised 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 a place of tourist importance or 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 area boundary of roads or within the area affecting alignment of Public Roads;(f)such construction does not come within the area specified for tanks (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 of the concerned town;(h)such construction does not come within the area of any nallah and water stream.][Provided that in compounding the cases, lees shall be charged, as under in respect of the area of unauthorised construction on the basis of the rale of sale of land determined by the Collector of Stamps for the area concerned :-(a)if the construction relates to a plot of one hundred square meter, ten per cent of the rate of sale, in respect of residential building and fifteen per cent of the rate of sale, in respect of non-residential building;(b)if the construction relates to a plot exceeding one hundred square meter but does not exceed two hundred square meter, twenty per cent of the rate of sale, in respect of residential building and thirty per cent of the rate of sale, in respect of non-residential buildings;(c)if the construction relates to plot exceeding two hundred square meter but does not exceed three hundred fifty square meter, thirty per cent of the rates of sale, in respect of residential building and forty-five per cent of the rate of sale, in respect of non-residential building;(d)if the construction relates to a plot exceeding three hundred fifty square meter forty per cent of the rate of sale, in respect of residential buildings and sixty per cent of the rate of sale, in respect of non-residential buildings :Provided further that the compounding shall be made in case of residential construction by the Chief Municipal Officer and in case of non-residential construction with the permission of President-in-Council :Provided also 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 the construction has been made.] [[Substituted by M.P. Act No. 29 of 2003. Prior to substitution it was as under :'Provided that the compounding fee shall not be less than fifteen times but not more than fifty times of the building permission fee.']]
