Panchayat:Repo18/Law Manual Page0824
had obtained the permit by playing fraud on the Corporation and suppressing the fact that the plot for the proposed construction was a car parking area. Significantly, the appellant had no explanation to offer on the above aspect. The feeble attempt now being made by the appellant is only to save the structure put up by him in the car parking area, by offering to demolish those offensive portions, which admittedly are in violation of the rules. But since the permit was obtained by the appellant by playing fraud on the Corporation, the appellant cannot be heard to say that he should be allowed to retain the building put up by him on the strength of the said permit. There can be no regularization of an unauthorized construction, which under normal circumstances could never have come into existence; but for the fraud played on the Corporation. Fruits of fraud shall never be allowed to be enjoyed even if they are sweet and precious to the owner of the grove. - Lazer Robert T. v. C. M. Mohammed Sheriff and Others – 2008 (4) KHC 1016.
135. Submission of application and procedure for its disposal.- (1) Application for regularization shall be submitted in the form in Appendix A.
(2) The application for regularization shall be accompanied by documentary evidence of ownership of plot, site plan, elevation, building plan, service plan, parking plan in cases where the building requires parking, and other details and specifications as are necessary in the case of an application for new building permit; in the case of deviation from approved plan, the approved plan and permit already obtained shall also be submitted.
(3) The procedure for disposal of an application for regularization shall be that followed in the case of an application for new permit.
136. Application fee.- The application fee shall be as specified in Schedule I.
137. Decision to be intimated.— (1) The Secretary shall, by written order, either grant or refuse to grant regularization.
(2) The Secretary shall, if the decision is to grant regularization, intimate the fact to the applicant in writing, specifying the amount to be remitted as compounding fee and the period within which the amount has to be remitted.
(3) The Secretary shall, on receipt of the compounding fee and compliance of the condition, if any specified, issue order as in Appendix-l absolving the person from all liabilities and regularizing the construction and record the details thereof in a register to be kept as a permanent document in the form in Appendix-J.
(4) The compounding fee shall be double the amount of the permit fee in force. Provided that in the case of deviated or additional construction, only the areas so deviated or added shall be considered for the calculation of compounding fee.
(5) The Secretary shall, if the decision is to refuse regularization, intimate the fact to the applicant specifying the reasons for such refusal and the period within which such building or part of building has to be demolished or the well, filled up:
Provided that, an application for regularization shall be refused only on such ground on which approval of site or permission may be refused
138. Demolition of buildings not regularized.- (1) Where the owner fails to demolish the building or part thereof or fill up the well as directed in the order refusing regularization or fails to remit the compounding fee within the time specified, or fails to comply with any condition stipulated in the order granting regularization within the time specified, the Secretary shall himself cause the building or structure or part thereof demolished or the well filled up as the case may be and the expenses thereof shall be recovered from the owner as if it were an arrear of property tax due under the Act: Provided that in the case of an order refusing regularization, the building or part thereof shall not be demolished or well filled up or prosecution initiated as in sub-rule (2) until and unless the time prescribed for filing appeal from such an order has not been expired.