State Act

The Mumbai Municipal Corporation Act.

4[152A. Levy of penalty on unlawful building.— (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 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 and bye-laws made thereunder, 5[shall be liable to pay a penalty, at such rate as may be decided by the corporation, on such building], so long as it remains unlawful construction without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction: Provided that, every 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 existance: 6[Provided further that, the rates decided by the Corporation under this sub-section shall be deemed to have came into effect from the 1st April 2010, being the date of commencement of the Mumbai Municipal Corporation (Third Amendment) Act, 2006 (Mah. XI of 2009).] (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 any such person.]