MMCNPIT Act 189AChapter XII · Control Over Buildings

Section 189A · [ Levy of penalty on unlawful building. [Section 189A was inserted by the Maharashtra Act 2 of 2008, Section 4 (w.e.f. 4-1-2008).]

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(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 provision 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 Council, 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 a penalty, at such rate as may be decided, from time to time, by the Government, by an order, on such building], [Sub-section (9) was substituted by Maharashtra 2 of 2012, Section 26(1), (w.e.f. 4-8-2012).] 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.[Provided further that, the rates decided by the Government under this sub-section, in view of the amendment carried out by clause (a) of section 4 of the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2018, shall be deemed to have came into effect from the 4th January 2008, being the date of commencement of the Bombay Provincial Municipal Corporations, the City of Nagpur Corporation and the Maharashtra Municipal Councils, Nagar Panchayats and Indusrial Townships (Amendment) Act, 2007.] [Added by Maharashtra Act No. 53 of 2018, dated 10.8.2018.]

(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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