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KDMC decided To Issue Trade Licence To Illegal Structure: Risk To Customers

THANE:Kalyan Dombivli Municipal Corporation Commissioner decided  to issue trade licence to shops in illegal structure. In an RTI Reply the copy of order received dated 4 Feb 1997 stated that illegal structure can also get trade licence  with a stamp of unauthorized structure and they can promote business in illegal structure without Occupation certificate. This is violation of MRTP act (Maharashtra Regional and Town Planning (MRTP) Act 1966)section 530 and 597
VIOLATION OF 263(2)  MAHARASHTRA MUNICIPAL CORPORATION ACT 1949

MUMBAI MUNICIPAL CORPORATION ACT  1988 (BMC ACT 1988)
Enforcement of provisions concerning buildings and works.
353. The Commissioner may, at any time during the erection of a building or
the execution of any such work as aforesaid or at any time within three months
rafter the completion thereof, by written notice, specify any matter in respect
of which the erection of such building or the execution of such work may be in
contravention of any provision of this Act or of any bye-law made under this
Act at the time in Force, and inquire the person erecting or executing or who
has erected or executed such building or work, or, if the person who has
erected or executed such building or work is not at the time of the notice the
owner thereof, then the owner of such building or work, to cause anything done
contrary to any such provision or bye-law to be amended or to do anything
which by any such provision or bye-law may be required to be done but which
has been omitted to be done.
Completion certificates, permission to occupy or use.
[353A. (1) Every person who employs a licensed surveyor or person approved
by the Commissioner to erect a building or execute any such work as is
described in section 342 shall, within one month after the completion of the
erection of such or sent to the execution of such work, deliver or send or cause
to be delivered building or to Commissioner at his office, notice in writing of
such completion, accompanied by a certificate in the form of Schedule T signed
by the person employed under section 344A, who is hereby required
immediately upon completion of the work and upon demand by the person
employing him to sign und give such certificate to such person, and shall give
to the Commissioner all necessary facilities for the inspection of such building
or of such work :
Provided that—
(a) such inspection shall be commenced within seven days from the date
of receipt of the notice of completion, and
(b) the Commissioner may, within seven days from the date of
commencement of such inspection, by written intimation addressed to the
person from whom the notice of completion was received, and delivered at his
address as stated in such notice, or, in the absence of such address, affixed to
a conspicuous' part of the building to which such notice relates—
(i) give permission for the occupation of such building or for the use of the
building or part thereof affected by such work, or
(ii) refuse such permission in case such building has been erected or such
work executed so as lo contravene any provision of this Act or of the bye-laws. 
(2) No person shall occupy or permit to be occupied any such building, or
use or permit to be used the building or part thereof affected by any such
work, until—
(a) the permission referred to in proviso (b) to sub-section (1) has been
received, or
(b) the Commissioner has failed for twenty-one days after receipt of the
notice of completion to intimate as aforesaid his refusal of the said
permission.]
Dangerous Structures
Removal of structures, etc., which are in ruins or likely to fall.
354. (1) If it shall at any time appear to the Commissioner that any
structure (including under this expression any building, wall or other
structure and anything etc., affixed to or projecting from, any building,
wall or other structure) is in a ruinous condition, or likely to fail, or in
any way dangerous to any person occupying resorting to or passing by
such structure or any other structure or place in the neighbourhood
thereof, the Commissioner may, by written notice, require the owner or
occupier of such structure to pull down, secure or repair such structure,
and to prevent all cause of danger therefrom.
(2) The Commissioner may also if he thinks fit, require the said owner or
occupier. by the said notice, either forthwith or before proceeding to pull
down, secure or repair the said structure, to set up a proper and sufficient
hoard or fence for me protection of passers-by and other persons, with a
convenient platform and handrail, if there be room enough for the same
and the Commissioner shall think the same desirable, to serve as a footway
for passengers outside of such hoard or fence.

[Works unlawfully carried on.]
Power of Commissioner to stop erection of building or work
commenced or carried on unlawfully
354A. (1) If the Commissioner is satisfied that the erection of any
building or the execution of any such work AS is described in section
342 has been unlawfully commenced or is being unlawfully carried on
upon any premises, the Commissioner may. by written notice, require
the person erecting such building or executing such work to stop such
erection or work within the period specified in the notice.
(2) If the erection of the building or execution of the work is not
stopped within the period specified in the notice given under subsection
(1), the Commissioner may direct that any person directing of
carrying on such erection or work shall be removed by any police
officer from the place where the building is being erected or the work is
being executed.] 






Maharashtra Municipal Corporations Act 
263. (1) Every person shall, within one month after the completion
of the erection of a building or the execution of any such work as is
described in section 254, deliver or send or cause to be delivered or sent
to the Commissioner at his office, notice in writing of such completion,
accompanied by a certificate in the form prescribed in the bye-laws
signed and subscribed in the manner so prescribed, and shall give to the
Commissioner all necessary facilities for the inspection of such building
or of such work and shall apply for permission to occupy the building.
(2) No person shall occupy or permit to be occupied any such building,
or use or permit to be used the building or part thereof affected by any
work, until—
(a) permission has been received from the Commissioner in this
behalf, or
(b) the Commissioner has failed for twenty-one days after receipt
of the notice of completion to intimate his refusal of the said permission. 1[Lawfully erected structures infringing rules or by-laws.

263A. (1) If any hut or shed erected or constructed before the
appointed day is contrary to the provisions of any rules or bye-laws relating
to the erection or construction of huts or sheds, and it appears to the
Commissioner that it is necessary in the public interest that such hut or
shed or any part thereof be demolished or altered, the Commissioner
may by written notice require the owner thereof to demolish or alter
such hut or shed or any part thereof, or on or before such date, as may
be specified in such notice, by writing subscribed by the owner or an
agent duly authorised in that behalf and addressed to the Commissioner,
show a sufficient cause why such hut or shed should not be demolished
or so altered.
(2) If such person fails to show sufficient cause to the satisfaction of
the Commisssiner why such hut or shed or any part thereof should not
be demolished or so altered, he shall demolish or alter the hut or shed
within such time as he is required so to do by the Commissioner ; and if
he fails to do so, the Commissioner may demolish or alter the hut or
shed.
(3) The Commissioner shall pay compensation to every person who
sustains loss or damage by the demolition or alteration as aforesaid of
any hut or shed (including any cost of demolition or alteration).]
Dangerous Structures.
264. (1) If it shall at any time appear to 2[the Designated Officer] that
any structure (including under this expression, any building, wall, parapet,
pavement, floor, steps, railings, door or window frames or shutters or
roof, or other structure and anything affixed to or projecting from or
resting on, any building, wall, parapet or other structure) is in a ruinous
1
 This heading and section 263A was inserted by Bom. 19 of 1956, s. 2. 2
. These words were substituted for the words “the Commissioner”, by Mah. 2 of
2012, s. 13(1).
Completion
certificates ;
permission
to occupy or use.
Power to
require
demolition
or alteration
of lawfully
constructed
huts or
sheds
infringing
rules or
bye-laws.
Removal of
structures,
etc., which
are in ruins
or likely to
fall.
188 Maharashtra Municipal Corporations Act [1949 : LIX
condition or likely to fall, or in any way dangerous to any person
occupying, resorting to or passing by such structure or any other
structure or place in the neighbourhood thereof, 1[the Designated Officer]
may, by written notice, require the owner or occupier of such structure
to pull down, secure, remove or repair such structure or thing or do one
or more of such things and to prevent all cause of danger therefrom.
(2)
2[The Designated Officer] may also, if he thinks fit, require the
said owner or occupier by the said notice, either forthwith or before
proceeding to pull down, secure, remove or repair the said structure or
thing, to set up a proper and sufficient hoard or fence for the protection
of passers-by and other person, with a convenient platform and handrail
if there be room enough for the same and the 2[the Designated
Officer] shall think the same desirable to serve as a footway for passengers
outside of such hoard or fence.
(3) If it appears to 3[the Designated Officer] that the danger from a
structure which is ruinous or about to fall is imminent, he may, before
giving notice as aforesaid or before the period of notice expires, fence
off, take down, secure or repair the said structure or take such steps or
cause such work to be executed, as may be required to arrest the danger.
(4) Any expenses incurred by 4[the Designated Officer] under subsection
(3) shall be paid by the owner or occupier of the structure.
(5) (a) Where 5[the Designated Officer] is of opinion whether on receipt
of an application or otherwise that the only or the most convenient
means by which the owner or occupier of a structure such as is referred
to in sub-section (1) can pull down, secure, remove or repair such
structure, is by entering any of the adjoining premises belonging to
some other person 5[the Designated Officer] after giving such person a
reasonable opportunity of stating any objection may, if no such objection
is raised or if any objection which is raised appears to him invalid or
insufficient, by an order in writing, authorize the said owner or occupier
to enter such adjoining premises.
(b) Every such order bearing the signature of 5[the Designated Officer]
shall be a sufficient authority to the person in whose favour it is made,
or to any agent or person employed by him for this purpose, after giving
to the owner of the premises reasonable written notice of this intention
so to do, to enter upon the said premises with assistants and workmen,
at anytime between sunrise and sunset, and to execute the necessary
work.
(c) In executing any work under this section as little damage as can
be, shall be done to the adjoining owner's property, and the owner or
occupier of premises for the benefit of which the work is done, shall—
(i) cause the work to be executed with the least practicable delay ;
(ii) pay compensation to any person who sustains damage by the
execution of the said work.
1. These words were substituted for the words “the Commissioner” by Mah. 2 of 2012,
s. 13(1). 2. These words were substituted for the words “the Commissioner, ibid., s. 13(2). 3. These words were substituted for the words “the Commissioner, ibid., s. 13(3). 4. These words were substituted for the words “the Commission”, ibid., s. 13(4)
5. These words were substituted for the words “the Commissioner”, ibid, s. 13(5).
1949 : LIX] Maharashtra Municipal Corporations Act 189
265. (1) It stall be incumbent on the owner of every building to
maintain every part thereof and everything appurtenant thereto in such
repair as to prevent its becoming dangerous.
(2) The Commissioner may by written notice require the owner of
any building to get the building inspected at such intervals and in such
manner as may be prescirbed in the by-laws.
(3) The owner shall within two months of the inspection under subsection
(2) undertake such repairs as the inspection shall show to be
necessary for the purpose of securing the stability of the structure within
the meaning of section 264 after complying with all the provisions of
this Act and the rules and by-laws in regard to such repairs and shall, on
completion of such repairs, submit to the Commissioner a certificate
signed by the person who made the inspection, of his having carried out
the repairs satisfactorily.
(4) A report of every inspection made under sub-section (2) shall
forthwith be submitted to the Commissioner by the person who carried
it out and the Commissioner may take such action in respect of such
building as he deems fit under this section or under any other provision
of this Act if the owner fails to comply with the requirements of
sub-section (3).
(5) The expenses incurred by the Commissioner under sub-section (4)
shall be paid by the owner. 1[265A. (1) Notwithstanding anything contained in section 265, every
owner or occupier of a building in respect of which a period of thirty
years, from the date of, —
(i) issue of its completion certificate by the Corporation ; or
(ii) issue of permission to occupy a building under section 263 ; or
(iii) its physical occupation of at least 50 per cent., of its builtup
area,
whichever is earlier, has expired, shall cause such building to be examined
by a Structural Engineer registered with the Corporation for the purposes
of certifying that the building is fit for human habitation (such certificate
hereinafter referred to as “ the Structural Stability Certificate”). The
Structural Stability Certificate issued by such Structural Engineer shall
be submitted to the Commissioner.
(2) The Structural Stability Certificate shall be submitted within one
year from the expiry of a period of thirty years referred to in sub-section
(1), and every ten years thereafter or such earlier period as the
Commissioner may determine having regard to the condition of the
building and the corrective repairs carried out by the owner or occupier.
(3) Notwithstanding anything contained in sub-section (1), the
Commissioner may, at any time, after having recorded the reasons, in
writing, direct the owner or occupier of a building, to cause such building
to be examined by such Structural Engineer and to submit to the
Commissioner, the Structural Stability Certificate, as required under
sub-section (1), within the period not exceeding thirty days as specified
by the Commissioner in such direction.
Periodic
inspection
of buildings.
1 . Section 265A was inserted by Mah. 6 of 2009, s. 4.
Structural Stability Certificate.

(4) If the Structural Engineer recommends any corrective repairs for
securing the structural stablity of the building, such corrective repairs
shall be carried out by the owner or occupier of a building to the
satisfaction of the Commissioner.
(5) Any owner or occcupier, as the case may be, who fails to carry out
corrective repairs for securing structural stability, within a period of six
months from the date of report of the Structural Engineer, shall be
punished with the fine as provided in section 398A.
(6) Notwithstanding anything contained in sub-section (5), the
Commissioner may, after giving the owner or occupier, a notice in
writting, require him to carry out, within the period specified in the
notice, corrective repairs for accuring structural stability of a building.
If the owner or occupier fails to carry out such corrective repairs within
the period specified in the notice, the Commissioner may carry out the
same and the expenses incurred by the Commissioner on such repair
shall, on demand, if not paid within thirty days, be recovered from the
owner or occupier as arrears of property tax.
(7) If there is any dispute about the amount of expenses for which
demand is made under sub-section (6), an appeal may be preferred to
the Judge, before whom an appeal may be filed under section 406 of this
Act, but no such appeal shall be entertained by the such Judge, unless—
(i) it is preferred within twenty-one days from the date of receipt
of notice of such demand ;
(ii) the amount for which demand is made is deposited with the
Corporation and a true copy of the receipt showing that the amount
has been so deposited accompanies the appeal.
(8) In case the appeal is decided in favour of the appellant and the
amount of expenses deposited with the Corporation is more than the
amount payable by the appellant, the Commissioner shall adjust the
excess amount with interest at 6.25 per cent. per annum from the date
on which the amount is so deposited by the appellant, towards the
property tax payable by the owner in respect of such building thereafter.]
266. If it shall at any time apper to the Commissioner that any opening
in any part of a building is so situated as to constitute a danger to human
life, he may, by written notice, require that such opening shall be enclosed
or protected by bars, grills or such other device to his satisfaction.
Works unlawfully carried on.
267. (1) If 1[the Designated Officer] is satisfied that the erection of
any building or the execution of any such work as is described in section
254 has been unlawfully commenced or is being unlawfully carried on
upon any premises he may, by written notice, require the person directing
or carrying on such erection or execution to stop the same forthwith.
1. These words were substituted for the words “the Commissioner”, by Mah. 2 of 2012,
s. 14(1). 2. These words were substituted for the words “the Commissioner”, ibid., s. 14(3).
Dangerous
opening in
buildings.
Powers of
2[Designated
Officer] to
direct
removal of
person
directing
unlawful
work.

(2) If such erection or execution is not stopped forthwith, the
1[Designated Officer] may direct that any person directing or carry on
such erection or execution shall be removed from such premises by any
police officer and may cause such steps to be taken as he may consider
necessary to prevent the re-entry of such person on the premises without
his permission.
(3) The cost of any measure taken under sub-section (2) shall be paid
by the said person. 2[267A. (1) Whoever unlawfully constructs or reconstructs any
building or part of a building,—
(a) on his land without obtaining permission under this Act or any
other law for the time being in force or in contravention of any
condition attached to such permission ;
(b) on a site belonging to him which is formed without approval
under the relevant law relating to Regional and Town Planning ;
(c) on his land in breach of any provison of this Act or any rule or
bye-law made thereunder or any direction or requisition lawfully given
or made under this Act or such rule or bye-law; or
(d) on any land, belonging to, or leased by, the Corporation, or the
Central or State Government, or any statutory corporation or
organization or company set up by any such Government, in breach
of any provision of this Act or of any other law for the time being in
force and the rules or bye-laws made thereunder,
shall be liable to pay every year a penalty, which shall be equal to twice
the property tax leviable on such building, so long as it, remains as
unlawful construction, without prejudice to any proceedings which may
be instituted against him in respect of such unlawful construction :
Provided that, such levy and collection of tax and penalty shall not be
construed as regularization of such unlawful construction or
reconstruction for any period whatsoever of its such unlawful existence.
(2) Penalty payable under sub-section (1) shall be determined and
collected under the provisions of this Act, as if the amount thereof were
a property tax due by such person.]

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