Political Science, asked by cswarna7644, 1 year ago

Buye laws for the violation of building permission

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Answered by uknaresh1234radhe
1

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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