THE BANDA DEVELOPMENT AUTHORITY COMPOSITION OF
OFFENCES BYE-LAWS, 1983
1. Short
title, extent and commencement.--
(1) These
Bye-Laws may be called the Banda Development Authority Composition of Offences
Bye-Laws, 1983.
(2) They
shall extend to the whole of the Banda Development area, and
(3) They
shall come into force with effect from the date of publication in the Gazette.
2. In
granting, refusing to grant permission.--
The granting or refusing to grant
permission to compound an offence by or under the Act, the Development
Authority (or any officer authorised by it in this behalf by general or special
order) shall take into account the following factors:
(1) Whether
the offence relates to any development not in conformity with the land-use
proposals contained in the Master Plan, and its effect ?
(2) Whether
the offence relates to an encroachment on any Government or public land and its
effect ?
(3) Whether
the offence relates to a projection on any Government or public land and its
effect ?
(4) Whether
the offence relates to the colouring of any house abutting an arterial road
against the prescribed colour and its effect ?
(5) Whether
the permission has earlier been allowed or refused and its effect ?
(6) Whether
reasonable efforts were made to procure permission to construct before carrying
out the building activity ?
(7) Whether
the construction has been done on basement, semibasement, ground, first or
subsequent floors and its effects on the adjoining area ?
3.
Schedule of Composition Fee.--
The fee for different types of
offences arising from different type of unauthorised
constructions/developments, to be compounded under Section 32 shall be as laid
down in Schedule I annexed herewith:
Provided that for areas earmarked
for commercial industrial, merchantile and office use, the rates of such fees
shall be one and a half times of the rates given in Schedule I.
4.
Separate Compounding Fee.--
If in any offence, the
unauthorised construction falls in more than one type of unauthorised
construction the compounding fee may be charged by adding for every type of
unauthorised construction.
5.
Consolidated statement of compounded developments.--
The offences which have been
compounded shall be tabulated in a register in the form prescribed in Schedule
II annexed hereto and a consolidated statement in the said form shall be
submitted at the next meeting of the Development Authority for its information.
SCHEDULE I
(Bye-Law No. 3)
Composition Fee
|
Type
of anauthorised construction/development
|
Amount
of composition free where the unauthorised construction/development has been
undertaken or carried out:
|
|
|
(a)
without the permission, approval of sanction, referred to in Section 14.
|
|
|
(b)
in contravention of any condition subject to which such permission, approval
or sanction was granted
|
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(1)
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(2)
|
|
1.
Construction within the front set-back
|
Rs.
300 per square metre of the area covered on each floor plus double the cost
of land (present market value), with a minimum fee of Rs. 2,000 to a maximum
of uptoRs. 10,000.
|
|
2. Construction
within the side set-back.
|
Rs.
200 per square metre of the area covered on each floor plus the cost of land
(present market value) with a minimum fee of Rs. 1,500 to a maximum uptoRs.
10,000.
|
|
3.
Construction within the rear set-back.
|
Rs.
150 per square metre of the area, covered on each floor plus the cost of land
(present market value) with a minimum fee of Rs. 1,000 to a maximum uptoRs.
10,000.
|
|
4.
If the plot coverage is the more than the prescribed coverage
|
Rs.
150 per square metre of the area exceeding the prescribed limits plus cost of
land (present market value) with a minimum fee of Rs. 1,000 to a maximum
uptoRs. 10,000.
|
|
5.
If the clear height inside the room is less than the prescribed height.
|
(a)
height reduction upto 15 per cent Rs. 200 per square metre of room area:
(b)
height reduction more than 15 per cent Rs. 300 per square metre of room area;
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|
|
with
a minimum fee of Rs. 1,0000 to a maximum uptoRs. 10,000.
|
|
6.
If the area of room is less than the prescribed area.
|
Rs.
200 per square metre for the area by which the room is less than prescribed
area with a minimum of Rs. 1,500 to a maximum uptoRs. 10,000.
|
|
7.
Room does not have minimum ventilation, prescribed.
|
(a)
window area is reduced up to 50 per cent--Rs. 50 per square metre of the room
area;
|
|
|
(b)
window area is reduced by more than 50 per cent--Rs. 100 per square metre of
the room area, with a minimum fee of Rs. 2,000 to a maximum up to Rs. 10,000.
|
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8. Constitution
of compound wall where sub-division not legally sanctioned.
|
(a)
if the height is below 1.5 metre--0.5 paise per running metre;
(b)
if the height is above 1.5 metre--Rs. 2.00 per running metre;
with
a minimum fee of Rs. 2,000 to a maximum up to Rs. 10,000.
|
|
9.
Construction made where sub-division is sanctioned or area is defined.
|
(a)
If the height is below 1.5 metre--0.30 paise per running metre;
|
|
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(b)
If the height is above 1.5 metre--Rs. 1.50 per running metre;
with
a minimum of Rs. 1,500 to a maximum up to Rs. 10,000.
|
|
10.
Development would not been in violation of the laws if the applicant had
abided by the provisions of Section 15 of the Act.
|
Rs.
100 per square metre of the covered area with a minimum fee of Rs. 2,500 to a
maximum up to Rs. 10,000.
|
|
11.
Development relates to excavation, storm water-drain, etc. which is not
covered in categories 1 to 10 above.
|
Rs.
200 per square metre of the covered area with a minimum of Rs. 1,500 to a
maximum fee up to Rs. 10,000.
|
SCHEDULE II
Banda Development Authority
Statement of unauthorised construction development which
have been compounded during the period from.....................
|
Sl.
No.
|
Name
and address of the owner
|
Location
of unauthorised construction
|
Category
No. of Schedule I under which unauthorised construction/development is
covered
|
Mode
of calculation of composition fee
|
|
1
|
2
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3
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4
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5
|
|
|
|
Total
amount of composition fee according to Columns 4 and 5 which the owner has to
pay
|
Date
of order under Section 32
|
Amount
of composition fee paid by the owner
|
,
Date of payment of composition fee
|
Balance,
if any
|
Reasons
if any, for any deviations from Column 6
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Remarks
|
|
6
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7
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8
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9
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10
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11
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12
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