Power to Require Discontinuation of Use of Land and Removal or Alteration of Building

Power to Require Discontinuation of Use of Land and Removal or Alteration of Building.-(1) If it appears to the Planning Authority that it is expedient in the interest of proper planning in the Planning Area including the interests of provision of civic facilities, infrastructure and other amenities, having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration:

1. (a) that any use of land should be discontinued; or
2. (b) that any conditions should be imposed on the continuance thereof; or
3. (c) that any building or works should be altered or removed; the Planning Authority may serve notice on the owner,
   • (i) to require the discontinuance of that use of land; or
   • (ii) to impose such conditions, as may be specified in the notice, on the continuance thereof; or
   • (iii) to require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.

1. (2) Any person aggrieved by such notice, may within the said period and in the manner prescribed, appeal to the Tribunal;
2. (3) If an appeal is filed under Sub-Section (2), the provisions of clause (a) of sub-section (4) of section-42 and Sub-Section (5) of section-42 shall apply, with such modifications as may be necessary.
3. (4) If any person-
   • (a) who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land; or
   • (b) who has carried out any works in compliance with the notice, or incompliance with the notice the land becomes incapable of reasonably beneficial use. claims, from the Planning Authority, within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the Planning Authority shall designate an officer to hear the applicant and make a report to the authority. The Planning Authority shall, after consideration of the aforesaid report, assess the compensation and offer it to the applicant under the provisions of this Act and Rules made thereon.
4. (5) If the owner does not accept the compensation, and gives notice, within such time as may be prescribed, of his/her refusal to accept the compensation the Planning Authority shall refer the matter for adjudication to the Tribunal and the decision of the Tribunal shall be binding on the owner and the Planning Authority.