Indian Kanoon - Search engine for Indian Law

315. Construction of building in contravention of building bye-law. - Any building or structure of permanent nature which has been constructed or Patna High Court CWJC No.6751 of 2021 dt.03-08-2021 construction has commenced in contravention or breach or deviation of building by-law shall be liable to be demolished, notwithstanding that it may have been approved by a competent authority.

Provided further that the owner or occupier or any person responsible for construction of a building or structure of permanent nature or commencement of construction in contravention, breach, or deviation of building by-law shall further be liable to pay a penalty of minimum of Rupees one lac, which may extend up to Rupees 10 lacs depending upon size of the building or structure and extent of deviation.

(2) On receipt of the building construction plan prepared by a registered Architect, the competent authority may enquire and verify and satisfy himself that the building construction plan conforms to building bye- law and other parameters required under this Act or Rules or Bye Law and approve.

(3) If Chief Municipal Officer, on such inquiry or verification finds that the building or structure of permanent nature construction plan has been approved by the registered Architect in contravention, breach or deviation of building bye-law or other parameters under this Act, he shall immediately stop construction work and proceed to take action against owner, occupier or any person responsible for construction of such building in contravention, breach or deviation of building bye- law and other parameter and shall also proceed to take action against registered Architect, who approved such building construction plan.

133. Mr. Rajendra Narain, the learned Amicus Curiae assisted the Court with regard to the legality of the structure in question and submitted that as per the provisions of the Bihar Patna High Court CWJC No.6751 of 2021 dt.03-08-2021 Municipal Act, 2007, (hereinafter referred to as the 'Act'), there was a prohibition of construction without sanction under Section 313 thereof, save and except in accordance with the Bihar Building Bye-laws, 2014 (hereinafter referred to as the 'Bye- laws'). He submitted that Section 314 of the Act stipulates that no person shall construct or commence to construct or undertake any alteration, addition or modification to an existing building unless the building plan is approved by a competent authority to be designated under Rules and Bye-laws to be framed by the government and the proviso that no Architect shall sanction any building plan unless it is in conformity with the building Bye- laws framed by the State Government/Municipality. Further, he pointed out, that in case the building plan is in contravention or deviation of the building bye-laws, in addition to action taken under the Act, the registered Architect, the Builder and the approving authority were liable to be prosecuted and also pay fine of rupees fifty thousand or sentence to imprisonment for a period which may extend to one year or both. He further referred to Section 315 which deals with the construction of building in contravention of the Bye-laws which provides that any building or structure of a permanent nature which has been constructed or construction has commenced in contravention or Patna High Court CWJC No.6751 of 2021 dt.03-08-2021 breach or deviation of building by-law shall be liable to be demolished, notwithstanding, that it may have been approved by a competent authority and penal consequences are also provided. Reliance was placed on Section 316 of the Act which deals with the building plan approved by registered Architect to be submitted to the Chief Municipal Officer of the municipality and Section 321 which deals with framing of the Bye-laws. He then referred to the provisions of the Bye-Laws, and submitted that the same apply in the present case and Bye-law no. 5 deals with an application to be made to the competent authority in Form I, which relates to application for land development [viz. Bye-laws No. 5(3), 68 (1)]. It was submitted that the said Form I has a check list and Form II relating to an application for a building plan application under Bye-law no. 5(4) also has a check list for documents to be furnished and further, that for the type of building which has been erected, additional information was required to be furnished as also certificates/clearances as per Form VI BI which is a checklist pertaining to Bye-law no. 5(vi)(x) and item 16 thereof which required information as to whether the plot was within 200 metres radius of important buildings, such as the Governor House, the High Court, the State Secretariat, the Legislative Assembly. Thereafter, learned Patna High Court CWJC No.6751 of 2021 dt.03-08-2021 Amicus Curiae referred to Bye-law no. 8 which deals with permission. It was contended that no permission was required for work related to alteration and likes which do not otherwise, violate any other provision regarding a general building requirement, structural stability, fire and health safety requirements under the National Building Code, 2005. He also referred to Bye-law no. 14 which deals with cancellation in the event that at any time after permission to proceed with any building or development work has been given, the authority is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the application given or information furnished and finally, to Bye-law no. 21, which prohibits construction near important buildings stipulating that no building exceeding 10 meters height shall be permitted within 200 meters from the boundaries of the Governor House, the Bihar State Secretariat, the Bihar Legislative Assembly, the High Court and such other building(s) as may be decided by the authority or the State Government from time to time.