Power to Require Removal of Unauthorized Development

Power to Require Removal of Unauthorized Development.-

1. (1) Where any development of land has been or is being carried out as described in section-41, the Planning Authority shall serve on the owner a notice requiring him, within such period, not exceeding one month, as may be specified therein, after the service of the notice, to take such steps as may be specified in the notice, which, inter-alia, may order,
   • (a) in cases specified in clauses (a),
   • (b) or (d) of sub-section (1) of section-41 to restore the land to its condition before the said development took place;
   • (b) in cases specified in clause (c) or (e) of sub-section (1) of section-41 to secure compliance with the conditions or with the permission as modified;
2. (2) In particular, any such notice may, for the purpose aforesaid require-
   • (a) the demolition or alteration of any building or works;
   • (b) the carrying out on land, or any building of other operations; or
   • (c) the discontinuance of any use of land and building; Provided that in case the notice required the discontinuance of any use of land or building, the Planning Authority shall serve a notice on the Occupier also.
3. (3) Any person aggrieved by such notice may, within the said period and in the manner prescribed-
   • (a) apply for permission under Section-31, Section-32 and Section-33as the case may be for the retention of land or any buildings or works or for the continuance of any use of the land, to which the notice relates; or
   • (b) appeal to the Tribunal as may be prescribed. (4)
   • (a) The notice shall be of no effect pending the final determination or withdrawal of the appeal before the Tribunal. (b)
     • (i) The provisions of Section34 shall apply to such application with such modifications as may be necessary.
     • (ii) If such permission as aforesaid is granted on that application, the notice shall not take effect, or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall not take effect regarding such buildings or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.
4. (5) The Tribunal may dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit.
5. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under Sub-Section (3) the notice or so much of it as continues to have effect, or the notice with variation made in appeal, is not complied with, the Planning Authority may-
   • (a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and (b)
     • (i) in the case of a notice requiring the demolition or alteration of any building or works on any building to restore it to a condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, take such steps as the Planning Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations;
     • (ii) the Planning Authority may recover the cost of any expenses incurred by it on performing its duties under sub-clause (i) above, from the owner as arrears of land revenue.
6. (7) Any person prosecuted under clause (a) of Sub-Section (6) shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.