Power to require removal of unauthorized development and penalty for unauthorized development or for use otherwise than in conformity with the development plan

(1) Where any development has been carried out as indicated in section 36, the Director may, within five years of such development, serve on the owner a notice requiring him, within such period, being not less than one month and not more than three months from the date of service of the notice, as may be specified therein - (a) in cases specified in clauses (a) or (c) of section 36, to restore the land to its condition before the said development took place; (b) in cases specified in clauses (b) or (d) of section 36, to secure compliance with the conditions or with the modified permission as the case may be: Provided that where the notice requires the discontinuance of any use of land, the notice shall also be served on the occupier. (2) In particular, such notice may, for the purpose of sub-section (1), require - (a) the demolition or alteration of any building or works; (b) the carrying out on land of any building or other operations; or (c) the discontinuance of any use of land. (3) Any person aggrieved by such notice may, within fifteen days of the receipt of the notice and in the prescribed manner, apply to the Director for permission to retain on the land any such building or works or to continue the use of the land, to which the notice relates, and pending the disposal of the application, the notice shall remain withdrawn. (4) The preceding provisions of this Chapter shall, so far as may be applicable, apply to an application made under sub-section (3). (5) If the permission for which the application has been made is granted, the notice shall be withdrawn, but if the permission for which application has been made is not granted, the notice shall remain in force, or if such permission is granted for the retention of only some buildings or works or for the continuance of use of only a part of the land, the notice shall remain in force as regards other buildings or works or as regards other parts of the land, and thereupon the owner shall be required to take action as specified in the notice under sub-section (1) regarding such other buildings, works or part of the land. (6) If within the period specified in the notice or within the same period after the disposal of the application, the notice or such part of it as remains in force is not complied with, the Director - (a) may prosecute the owner for not complying with the notice, and where the notice requires the discontinuance of any use of land, may also prosecute any other person who uses the land in contravention of the notice or causes or permits the land to be used in contravention of the notice; and (b) where the notice requires the demolition or alteration of any building or works or the carrying out of any building or other operations, may himself restore the land to the condition in which it was before the development took place and take such action as the Director may deem necessary, including the demolition or alteration of any building or works or the carrying out of any building or other operations to secure compliance with the conditions of the permission or with the modified permission and may recover the expenses incurred by him in this behalf from the owner as arrears of land revenue. (7) Any person who has been prosecuted under clause (a) of sub-section (6) shall, on conviction, be punishable with simple imprisonment which may extend to six months, or with fine which may extend to Rs. 2,000, or with both and in the case of a continuing offence with a further daily fine which may extend to Rs. 250 for every day during which the offence continues after conviction for the first commission of the offence.