Section 52 in The Maharashtra Village Panchayats Act, 1959
52. Control on erection of buildings.
(1)No person shall erect or re-erect, or commence to erect or re-erect within the limits of the village, any building without the previous permission of the panchayat. [Such permission may be granted with a without conditions or may be refused.] [These words were added by Maharashtra 36 of 1965, Section 27(1)](2)Permission shall be presumed to have been granted if the panchayat fails to [communicate its permission] [These words were substituted for the words 'communicate its sanction' by Maharashtra 36 of 1965, Section 27(2)(a).] or refusal in respect thereof within two months from the date of receipt of the application for permission. [In a case of refusal or in case of permission being granted subject to conditions, the panchayat shall communicate to the applicant the reason thereof; and an appeal shall lie against any such order of refusal or of conditional permission to the Standing Committee within a period of thirty days from the date of communication of such order.] [This portion was substituted for the portion beginning with the words 'In case of refusal' and ending with the words 'communication of such refusal', by Maharashtra 36 of 1965, Section 27(2)(b).](3)No person who becomes entitled under sub-section (1) or (2) to proceed with any intended work of erection or re-erection shall commence such work after the expiry of one year from the date on which he became entitled so to proceed therewith, unless he shall have against become so entitled by a fresh compliance with the provisions of the preceding sub-sections.(4)Whoever erects or re-erects, or commences to erect or re-erect any building without such permission or in any manner contrary to the provisions of sub-section (1) or any by-law in force, or to ,any conditions imposed by the panchayat shall be punished with fine, or to any conditions imposed by the panchayat shall be punished with fine, which may extend to fifty rupees; and in the case of a continuing contravention, he shall be liable to an additional fine which may extend to five rupees for each day during which such contravention continues after conviction for the first such contravention.(5)Without prejudice to the penalty prescribed in sub-section (4) the panchayat may,-(a)direct that the erection or re-erection be stopped;(b)by written notice required such erection or re-erectin to be altered or demolished as it may deem necessary;and if the requirement under clause (b) is not complied with within the time fixed in the notice [(such time being not less than thirty days)] [These brackets and words were inserted by Maharashtra 36 of 1965, Section 27(3).]the panchayat may cause the alteration or demolition to be carried out by its officers, and servants and all the expenses incurred by the panchayat therefore shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.(6)Nothing contained in this section shall apply to any building which is used or required for public service, or for any public purpose, and is the property of the State or Central Government or any local authority, or is to be erected or re-erected by the State or Central Government or the local authority; but reasonable notice of the proposed construction shall be caused to be given to the panchayat, and the objections or suggestions of the panchayat, if any, shall be considered, [Nothing in this section shall also apply to any building erected or re-erected for any industrial or commercial purpose.] [This potion was added by Maharashtra 36 of 1965, Section 27(4).]Explanation. - The expression "erect" or "re-erect" with reference to a building in this section, includes-(a)any material alteration, or enlargement of or in any building;(b)the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;(c)such alteration of a building as would effect a change in the drainage or sanitary arrangement or materially affect its security;(d)the addition of any rooms, buildings, outhouses or other structures to any building.(e)the conversion by any structural alteration, into a place of religious worship or into a sacred building of any place or building not originally meant or constructed for such purpose;(f)roofing or covering an open space between walls and buildings, as regards the structure which is formed by roofing or covering such space;(g)conversing into a stall, shop, warehouse, or godown of any building not originally constructed for use as such or vice-versa;(h)construction in a wall adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land.
