Power to require removal of unauthorized development or use

(1) Where any development has been carried out in any of the circumstances referred to in sub-section (1) of section 19, or any use of land or building or work is continued so as to constitute an offence punishable under sub-section (2) of section 19, the SOU Tourism Authority may, subject to the provisions of this section, within three years of such development, or continuance of use so made, serve on the owner a notice requiring him, within such period, being not less than one month as may be specified therein, after the service of the notice,- (a) to restore the land or building to its condition existing before the said development took place, in cases specified in clause (a) or clause (c) of sub-section (1) of section 19; (b) to secure compliance with the conditions or with the permissions as modified, as the case may be, in cases specified in clause (b) or clause (d) of sub-section (1) of section 19; (c) to discontinue such use of building or land or work: Provided that where the notice requires the discontinuance of any use of land or building, the SOU Tourism Authority shall also serve a notice on the occupier. (2) The notice under sub-section (1) may include the following, namely: (a) the demolition or alteration of any building or work; (b) the carrying out on land of any building or other operations. (4) The SoU Tourism Authority, after considering the representation and, if it deems fit, after providing an opportunity of being heard, may withdraw the notice fully or to the extent in respect of any of the matters specified therein: compliance of the matters which have not been withdrawn. (5) In case where the owner acts in breach of the provisions of sub-section (1) or in breach of the provisions of sub-section (4), as the case may be, the SoU Tourism Authority may pass an appropriate order,- (a) to discontinue of any use of land or building made in contravention of the notice; (b) to demolish or alter any building or work or other operations, and recover the amount of any expenses incurred by it in this behalf from the owner as an arrear of land revenue, where the notice requires for demolition or alteration of any building or work or the carrying out of any construction or other operations, for the purpose of the restoration of the building to its condition before the development took place and secure compliance with the conditions of the permission or with the permission. (6) Whoever, contravenes clause (a) of sub-section (5) shall, on conviction, be punished with fine which may extend to Rs. 50,000, and in the case of a continuing offence, with a further fine which may extend to Rs. 1,000 for each day during which such offence continues after conviction for the first offence. (2) The notice under sub-section (1) may include the following, namely: (a) the demolition or alteration of any building or work; (b) the carrying out on land of any building or other operations. (4) The SoU Tourism Authority, after considering the representation and, if it deems fit, after providing an opportunity of being heard, may withdraw the notice fully or to the extent in respect of any of the matters specified therein: compliance of the matters which have not been withdrawn. (5) In case where the owner acts in breach of the provisions of sub-section (1) or in breach of the provisions of sub-section (4), as the case may be, the SoU Tourism Authority may pass an appropriate order,- (a) to discontinue of any use of land or building made in contravention of the notice; (b) to demolish or alter any building or work or other operations, and recover the amount of any expenses incurred by it in this behalf from the owner as an arrear of land revenue, where the notice requires for demolition or alteration of any building or work or the carrying out of any construction or other operations, for the purpose of the restoration of the building to its condition before the development took place and secure compliance with the conditions of the permission or with the permission. (6) Whoever, contravenes clause (a) of sub-section (5) shall, on conviction, be punished with fine which may extend to fifty thousand rupees, and in the case of a continuing offence, with a further fine which may extend to one thousand rupees for each day during which such offence continues after conviction for the first offence.