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Provided further that the owner or Patna High Court CWJC No.10054 of 2019 dt.16-08-2022 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 bye-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 approved building plan by registered Architect, the Chief Municipal Officer may inquire and verify and satisfy himself that the building construction plan confirms to building bye-law and other parameters required under this Act.

Patna High Court CWJC No.10054 of 2019 dt.16-08-2022 (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.

Section 316 of the Act says the registered Architect, who approves a building construction plan and submit detail of construction plan along with approval granted by him to the Chief Municipal Officer of the municipality. Section 315 of the Act provides for actions which may be taken in case of construction or commencement of construction in contravention or breach or deviation of building bye-laws whereas Section 317 of the Act gives power to the Chief Municipal Officer of the municipality to condone deviations in construction of building within permitted level.

37. The next submission of the petitioners is that the Tribunal ignored Section 315 of the Act of 2007 while passing the order.

38. A perusal of Section 315 of the Act of 2007 would make it evident that if any building or structure of permanent nature, which has been constructed or construction has been commenced in contravention or breach of all deviation of building bye-laws shall be liable to be demolished notwithstanding that it had been approved by a competent authority. However, the first proviso to Section 315 of the Act of 2007 provides that in case of any contravention, breach of deviation person may be liable to pay penalty, which may range between one lakh to ten lakhs depending upon size of building or structure or deviation. However, certain deviations may be within permissible limit and clause 10 of the Building Bye-laws, 1993, which was prevalent when the building plan of the respondent was sanctioned provides that the authority shall have power to condone minor deviation made in course of execution on the basis of sanctioned plan subject to the condition laid down therein.