Local Planning Authoriry

(1) Ifit appears to the Local Planning Authority that it is expedient having regard to the Development Plan, prepared, under preparation or to be prepared and to any other material considerations, that a permission to develop land granted under this Act or any other law, it should be revoked or modified, the Local Planning Authoriry may, by order. revoke or modifo the permission to such extent as appears it to be necessary: Provided.that:- (a) where the permission relates to the carrying out ofbuilding or other operations, no such order, Powerof revocation and modification of permission to develop . (D shall affect such ofthe operations as have been previously carried out; (ii) shall be passed after these operations have been completed ; (b) where permission relates to a change ofuse of land, such order shall be passed at any time after the change has taken place. (2) When permission is revoked or modified by an order as under the last foregoing section, if the owner claims from the Local Planning Authoriry within the time and in the manner prescribed compensation for the expenditure incurred in carrying out the work after the grant ofpermission and in accordance with such permission which has been rendered abortive by the revocation or modification, 0re Local Plaruring Authority shall after giving the omer reasonable opportunity of being heard offer such compensation to the owner as it tbinks fit. (3) Ifthe owner does not accept the compensation and gives notice within such time as may be prescribed, of his refusal to accept, the Local Planning Authority shall refer the matter to the adjudication ofthe Court and the decision of the Court shall be bindiug aud final on the owner and the Local Plan.ir!r Ailtlt^ritv

Penalty for unauthorized development or for use otherwise than in conformity with the development plan. 35. (l) Any penon whether at his own instance or at the instance of any other person or anybody commences, undertakes or carries out development, institutes or changes any use of any land - (a) in conka\ention ofany development pian ; (b) without obtaining a certificate regarding development changes under section ( 1) (a) ; (c) without permission as required under this Act ; (d) ia contravention of any condition subject to which permission has been granted ; (e) after the pemrission for development has been revoked under section ; or (f) in contravention of the permission which has been modified undcr section 34, shall be punishable with a tine which may extend to twenty thousand rupees, and in the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which the offence continue after convrction for the first commission of the offence or imprisonment of three months or both. (2) Aay person *'ho continues to use or allows the use ofany land orbuilding in contravention ofthe provisions ofa Development Plan without having been allowed under section 28, or rvhere the continuance of such use has been allowed under that section. continues such use after the period for which the use has been allowed or without complying with the temts and conditions under whichthe continuance ofsuch use is allowed, shall be punishable with a fine which may extend to twenty thousand rupees and in the case of a continuing offence with a funher fine which may extend to five hundred and fifty rupees for every day during which such offence continues or imprisonment of three months periods after conviction for the first comnission ofthe offence or both.

36. (1) Where any development ofland has been carried out as described in section 35, the Local Planning Authority may, within four years of such deve)opment. serve on the owncr a notlce requiring him, within such period, being not less than one month, as maybe spccified therein, aftcr the service ofthe notice, to take such steps as may be specified in the notice, (i) in case speciired in clause (a), (c), or (e) thereof to restore the land to its condition before the said development took place ; (ii) in cases spccified in clause (d) or (f) thereofto secure compliance with the conditions or with the permissiou as modified ; (iii) in case specified in clause (b) to pay the development charge and such penalry ifany, as may be prescribed by the Rules, and, in particular, any such notice may, for the purpose aforesaid require (i) the demolition or alteration ofany buildings or works ; (ii) the carrying out on land, of any building or other operations ; or (iii) the discontinuance to any use ofland ; Provided that in the case the notice requires the discontinuance of any use of land the Local Planning Authority shall serve a notice on the occupier also. (2) any person aggrieved by such notice may, within the said period and in the manner prescribed - (a) apply for permission under section 29, ofthis Act for the retention on the land ofany build- ings or works or for the continuance of ary use ofthe land, to rvhich the notice relates; or (b) appeal to the State Governmer, State Urban and Country Planning Board. (3) (a) the notice shall be ofno effect pendurg thc final determining orwithdrawal ofthe appl ,. ionor the appeal. Power to require removal ofunauthorized development.

1. (b) (i) the provisions ofthe foregoing sections 29 and 30 shall apply to such application with such modifications as may be necessary. (ii) ifsuch permission as aforesaid is granted on that application the rotice shall not take effect, or if such permission is granted for the retention orfy of some buildings or works or for the continuance ofuse ofonly a part ofthe land, the notice shall not take effect regarding such buildings or works or suchpart ofthe land, but shall have full effect regarding other buildings or works or other parts of the land. (4) On an appeal made to the State Govemmen, State Urban and Country Planning Board under sub- section (2), the DirectorTown Planning/ ChiefTown Planner, as the Secretary to the State Urban and Country Plaming Board or any othe! person appointed by him in their behalfshall, alier allowing a reasonable opportunity of being heard to the appellant and the Local Planning Authority concerned, submit his report to the State Govemmenf/ State Ulban and Country Planning Board. (5) After considering the aforesaid repod, the State Govemment/ State Urban and Country Planning Board may dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit. (6) Ifwithin the period specified in the notice or within such period after the disposal orwithdrawal ofthe application forpermission or the appeal under the sub-section (2), the notice or so much of it as continues to have effect, orthenotice with variation made in appeal, is not complied with, the Local Planning Authority may (a) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance ofany use ofland, any other pe6on also who uses the land or causcs or permits the land to be used in contravention of the notice and;
2. (b) (i) in the case of a notice requiring the demolition oralteration ofany building or works or carrying out of any building or other operations, itselfcause the rcstoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the I-ocal Planning Authority may consider necessary including demolition or alteration of any building or works of carrying out of any building or other operations . (ii) The Local Plaruring Authority shall recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue. (7) Any peIson prosecuted under sub-section 6 (a) shall be purishable with a lure which may extend to twenty thousand rupees, and in the case of continuing offence, wittr a fi,uther lure of Rupees five huadred every passing day during which such offence continues or imprisonment of three months period aftsr conviction for the fint commission ofdrc offence or both including confiscation of the said land. 37. (1) Where any development of land as described in Section 35 is being carried out but has not been completed, the Local Planaing Authority may serve on the owner and the person carrying out the development a notice requiriag the development of land to be discoltinued from the time ofthe service of such notice. (2) where such notice has been served, the provisions ofsub-sections (4) and (5) ofsection 36 shall ap- ply with such modificatioo as may be necessary: Provided that provisions ofclauses (a) ofsub- section (3) ofsection-36 shall not apply ard in spite of the filing of an application for permission for development or an appeal as provided in sub- section (2) ofsection 36, the notice shall continue to have fulleffect. Power to stop unauthorized development and requisition ofPolice. Power to require removal ofauthorized development of use. (3) Any person. who continues to carry out the development of land, whether for himself or on behalfofthe omer or any othcrperson, after such notice has been served shall be punishable with a fine which may extend to hventy thousand rupees. and r,r hen tle non-compliance rs a continurng one. with a further fine which may extend to fir,e hundrcd rupees for every day after the date of thc serving ofthe notice during which the non-compliance has continued or continues or imprisonment of three months period ftonl date ofconviction for the first commission ofthe offence or both. (4) Ifsuchnotice is not complied forthwith the Local Planning Authorit-v or such officer of the Local Planning Authority, who may be authorizcd in this behalf, may requisition anypolice ollicerto remove such person and all assistants and workmel from the land at any time after the servicc ofsuch notice and such police officer shall comply with the requisition accordingly. (5) After the requisition under sub-section (4) has been complied with. the Local Planning Authority or such officer ofthe Local Planning Authority who may be authorized in his behalf, may if he thinks fit, depute by a wriften ordel apolice officer orany officer or employee of the Local Plaming Authority to watch the land in order to ensurc that the development is not oontinued. (6) Wbere a police officer or an officer or employee of the Local Planning Authorify has been deputed under sub-section (5) to watch the land. the cost of such deputation shall be paid by thc person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as arrcars ofland reveirue- 38. (l) Ifit appears to a Local Planning Authoriry that it is expedient in the interest ofproper planning of its areas (including the interests ofamenities) having regard to the Development Plan prepared or under preparation, or to be prepared, and to any other material consideration - (a) that any use of land should be discontinued ; or (b) that any conditions should be imposed on the continua[ce thereof ; or (c) that any buildings or works should be altered or removed the Local Planning Authority may, by notice served on the owner, - (i) require the discontinuance ofthat use, or (ii) impose such conditiors, as may bc speci- fied in the notice on the continuance thereof; or (iii) requae such steps, as may be specified rn the notice tobe taken for the alteration orremoval ofany buildings orworks, as the case may be, within such period, being not less than one month, as may be specihed therein. after the service of the notice. (2) Any person aggrieved by such notice may within the said period and in the manner prescribed, appeal to the Board / Authoriry (3) lfan appeal is filed under the last foregoing sub- section the provisions ofclause (a) ofsub-section (3) and sub-section (4) and (5) ofSection 36 shall apply with such modifications as may be neces- sary. (4) Ifany person (D u ho has su ffered damage in consequcnce of the compliance with the notice, by the depreciation of any interest in thc land to which he is entitled to or by being disrurbed in his enjolirncnt ofthe land or (ii) who has carried out any works in compliance with the notice claims from the Local PlanningAuthority, within the time and in the manner prescribed compensation in respect of that damage or of any expenses reasonably incurred (5) (a) by him for complying with the notice the provisions of sub-sections (3) to (5) of section 33 shall apply with such modifications as may be necessary. ifany person interested in the land in respect of which a notice is issued under t}is section claims that by the reason of the compliance with the notice the landwill become i-ncapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal ofthe appeal, ifany hled under sub-section (2) and in the manner prescribed, serve on the State Goverrunent, and acquiring his interest in the land to be acquired. When a rotice is served under the last foregoing sub-section the provisions of sub- sections (2) to (5) of section shall apply with such modifications as may be necessary. (b) CTI,\PfER-VIII Levy, Assessment and Recovery oJ Development Charge, Levy of developmeot charge.. 3e. (l) (2) Subject to the provisions ofthis Act, and the rules so made under it and with previous sanction ofthe State Government/ State Urban and Country Planning Board, every Local Ptanning Authority shall by a notification published in the Official Cazette, levy a charge (hereinafter called Development Charge) on the carrying out of any development or the institution or change ofuse of land, for which permission is required under Chapter VI of this Act, in the whole or any part of the planning area, at rates specified in section 40: Provided that the rate may be different for different parts of the plaming area. The charge shall be leviable on any person who undertakes or carries out such development and institutes or changes any such use. (3) Notwithstanding anything contained in sub- sections (1) and (2), no development charge shall be levied on development or institution ofor change ofuse ofany land vested in or uflder the control or possession of the Central Govemment/State Govemment or any Local Authoriry (4) The State Govemment/ State Urban and Country Planning Board, may by rules provide for the exemption Aom the le\y ofthe development charge any development, or institution or change of any use ofany land specified in the rules;