Act from the person in default.

1. (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development—
   • (a) without the permission required under section 27; or
   • (b) which is not in accordance with any permission granted or is in contravention of any condition subject to which such

permission has been granted;

1. (c) after such permission has been duly revoked; or
2. (d) in contravention of any modification made in such permission, shall, on conviction, be punished with fine which may extend to 1[fifty thousand rupees,] and in the case of a continuing offence with a further fine which may extend to 1[one thousand rupees] for every day during which the offence continues after conviction for the first offence. Penalty for unauthorised development or use or continuance or retention of the use without permission.

1. (2) Any person who continues to use or allows the use of any land or building or work in contravention of the provisions of a development plan without being allowed to do so under section 29 or where the continuance of such use has been allowed under that section, continues such use after the period for which the use has been allowed, or without complying with the terms and conditions under which the continuance of such use is allowed, shall, on conviction, be punished with fine which may extend to 2[ten thousand rupees] and in the case of a continuing offence, with a further fine which may extend to 2[one thousand rupees] for every day during which such offence continues after conviction for the first offence. 36. (1) Where any development has been carried out in any of the circumstances referred to in sub-section (1) of section 35, or any Power to require removal of use of land or building or work is continued so as to constitute an offence punishable under sub-section (2) of that section, the appropriate authority may, subject to the provisions of this section and 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, to take such steps as may be specified in the notice,— unauthorised development or use. 1. These words were substituted by Guj. 11 of 2014, s.11 (1). 2. These words were substituted ibid., s.11 (2).
   • (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 35;
   • (b) to secure compliance with the conditions or with the permission as modified, as the case may be, in cases

specified in clause (b) or clause (d) of sub-section (1) of

section 35;

1. (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 appropriate authority shall also serve a notice on the occupier.

1. (2) The steps that may be specified in 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.
2. (3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply to the appropriate authority for withdrawal of the notice.
3. (4) If, after hearing the applicant, the appropriate authority directs that the notice shall be withdrawn as respects any of the matters specified therein in relation to any building, or work or land, the notice shall stand withdrawn to that extent and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) as respects the other matters and as respects the building, work or the land with respect to which the notice may not have been withdrawn.
4. (5) If within the period specified in the notice under sub-section (1), or, as the case may be, within such period as may be prescribed, after disposal of the application under sub-section (4), the notice or so much of it as stands is not complied with, the appropriate authority may,
   • (a) prosecute the owner for not complying with the notice and, where the notice requires the discontinuance of any use of land or building any other person also who uses the land or building or causes or permits the land or building to be used in contravention of the notice; and
   • (b) where the notice requires the demolition or alteration of any building or work or the carrying out of any building or other operations, itself cause 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 as modified by taking such steps as the H-86-6 appropriate authority may consider necessary, including demolition or alteration of any building or work or carrying out of any building or other operations, and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
5. (6) Any person prosecuted under clause (a) of sub-section (5) shall, on conviction, be punished with fine which may extend to 1[fifty thousand rupees] and in the case of a continuing offence, with a further fine which may extend to 1[one thousand rupees] for every day during which such offence continues after conviction for the first offence. 1. These words were substituted by Guj. 11 of 2014, s.12. 37. (1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature in any of the circumstances referred to in sub-section (1) of section 35, so as to constitute an offence punishable under that section, the appropriate authority may, by order in writing, direct such person to remove any structure or work erected within fifteen days of the receipt of the order, and if thereafter, the person does not comply with the order, the appropriate authority may request the Commissioner of Police in the City of Ahmedabad and the District Magistrate elsewhere, to have such structure or work summarily removed without any notice as directed in the order, and thereupon any such structure or work shall be summarily removed without any order as aforesaid being made.

Removal of

unauthorised, temporary development summarily.

1. (2) The decision of the appropriate authority on the question as to what is development of a temporary nature shall be final.