Buye laws for the violation of building permission
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Abstract: Due to the inherent migration of rural population to urban areas, towns are developing very rapidly.
For every municipal council, Development Control Rules and Building Bye- laws are framed as per
Maharashtra Regional and Town Planning Act 1966. It is obligatory on the part of every individual who desires
to construct a structure to obtain necessary permission from the local authority before proceeding for
construction. In spite of rules and regulations framed for good reasons, instances of violation of development
control rules are observed. As a result, the development of town experiences haphazard and unplanned
urbanization. This paper presents the critical analysis of development control rules which are violated at large.
An attempt has been made to find the factors for such violation of these rules. The scope of the study is limited to
residential constructions. Class “B & C” municipal councils of Yavatmal district of Maharashtra state (India)
which is a progressive district in terms of development has been identified for this case study. It is expected that
recommendation like three-tier real time information and control system, violation reducing mechanism
presented will inspire new initiatives and stimulate debate in the often neglected area of urban development
control rules & regulations.
Keywords: - Violation, building regulation, building permission, development control rules, floor space index.
I. Introduction:
Municipal council is the legitimate authority to prepare land use plan; it takes care of plan
implementation, controls the development and manages the growth of town. The main aim is to ensure plan
development, promoting healthy urban environment, reducing congestion and crowd, preventing development
of conflicting land use and at micro level violation of building control rules during construction etc., to ensure a
sustainable development of a town.
The government officials, geographers, environmentalists, architects, consultants, builders and
developers generally agree that some form of control is necessary to guide the growth, in order to ensure
adequate public services and to protect public health and safety.
Sustainable environment is possible by an assortment of standards and regulations. These standard
rules and regulations provide an important and inescapable framework from the formation of subdivision to the
control of storm water runoff. Regulations for the sustainable environment are as old as Indian civilization.
Instances of violation of development control rules are no doubt just as old. The subject of regulations leads to
the source of how communities have been designed and built –how they can build or cannot and how these
controls continue to shape the physical space in which we live and work. [1]
Mainly such laws are State legislations as the state is competent to legislate and make laws on such
subjects. However, where the central government is to legislate on such subjects and where the parliament is to
make law on its behalf, such legislations are applicable in the union territories and in the state such as Delhi,
where land uses are reserved with the Government of India. One such central legislation is Delhi Development
Act, 1957. For other states, such central laws are advisory and recommendatory in nature. Taking this legislation
as model, other state governments formulate the rules and regulations with the help of local bodies, under the
various legislations. After the approval, the local bodies concerned enforce these rules and regulations
pertaining to development and building standards as building regulations and building bye-laws in their
respective areas.[2]
Building regulations and bye-laws provide the mandatory techno-legal framework for regulating
building activity from planning, design to completion of construction.
Accordingly standardized building bye-laws and development Control rules for Class A, B, C
Municipal Council of Maharashtra State are framed under the Maharashtra Municipalities Act 1965 &
Maharashtra regional and town planning Act, 1966 and those are published. These bye-laws are amended from
time to time taking in to account the National building code as the base. These bye-laws are made applicable to
the building activity and development work on lands within the jurisdiction of municipal councils.
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