Penalty for unauthorized development or for use other than in conformity with development plan

Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out any development or changes use of any land- (a) without permission required under this Act; (b) in contravention of the permission granted or any condition subject to which such permission has been granted; (c) after the permission for development has been duly revoked; or (d) in contravention of any permission which has been duly modified; (e) in contravention of any other provision of this Act; shall, without prejudice to any action that may be taken under section 39 be punished with simple imprisonment for a term 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 further fine which may extend to Rs. 200 for every day during which the offence continues after conviction for the first commission of the offence. Provided that imposition of fine shall not be deemed to regularize the unauthorized constructions, colonies or buildings, and the Director after giving a notice of thirty days and after affording a reasonable opportunity of being heard, may demolish or remove such unauthorized constructions. The amount incurred on account of demolition or removal of un-authorized construction shall be recovered from the owner of such building as arrears of land revenue.