Power to require removal of authorised development or use.

Dadra and Nagar Haveli and Daman and Diu Town and Country Planning Act, 1974

Infrastructure1974135 sections

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Statutory text

(1) If it appears to a Planning and Development Authority that it is expedient in the interests of the proper planning of its area (including the interests of amenities) or having regard to the Development Plan prepared, or to be prepared and on any other material consideration — a. that any use of land should be discontinued; or b. that any conditions should be imposed on the continuance of use of any land; or c. that any building or work should be altered or removed; it may, by notice served on the owner— i. require the discontinuance of that use; or ii. impose such conditions, as may be specified in the notice, on the continuance of the use of the land; or iii. require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or work, as the case may be, within such period, being not less than one month from the date of service of such notice, as may be specified therein. (2) Any person aggrieved by such notice may appeal to the Prescribed Authority within such period and in such manner as may be prescribed. (3) If an appeal is filed under sub-section (2), the provisions of sub-sections (5) and (6) of section 52 shall apply, with such modifications as may be necessary. (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, claims from the Planning and Development Authority, within such time and in such manner as may be prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (3) and (4) of section 50 shall apply with such modifications as may be necessary. (5) (a) If any person interested in the land in respect of which a notice is issued claims that by reason of compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal if any, filed under sub-section (2) and in the manner prescribed serve on the Government an acquisition notice requiring his interest in the land to be acquired. (b) When a notice is served under clause (a), the provisions of sub-sections (2) to (6) of section 47 shall apply with such modifications as may be necessary.

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