Power to Stop Unauthorized Development and Requisition of Police

Power to Stop Unauthorized Development and Requisition of Police.-

1. (1) Where any development of land or building as described in section-38 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land or building to be discontinued from the time of the service of such notice.
2. (2) Where such notice has been served, the provisions of Sub-Section (2) and Sub-Section (3) of Section-42 shall apply with such modification as may be necessary; Provided that provisions of clause (a) of Sub-Section-(4) of Section-42 shall not apply and in spite of the filing of an application for permission for development or an appeal as provided in Sub-Section (3) of Section-42, the notice shall continue to have full effect.
3. (3) Any person, who continues to carry out the development of land and building, whether for himself or on behalf of the owner or any other person, after such notice has been served, shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees or with both and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which non-compliance has continued or continues.
4. (4) If such notice is not complied forthwith, the Planning Authority or such officer of the Planning Authority, who may be authorized in this behalf, may require any police officer to remove such person and all assistants and workmen from the land at any time after the service of such notice and such police officer shall comply with the requisition accordingly.
5. (5) After the requisition under Sub-Section (4) has been complied with, the Planning Authority or such officer of the Planning Authority who may be authorized in this behalf, may, if he thinks fit, depute, by a written order, a police officer or any officer or employee of the Appropriate Authority to watch the land or building in order to ensure that the development is not continued.
6. (6) where a police officer or an officer or an employee of the Planning Authority has been deputed under Sub-Section (5) to watch the land or building the cost of such deputation shall be paid by the 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 arrears of land revenue.