Order of demolition of building

(1) Where the erection of any building or structure has been commenced, or is being carried on, or has been completed in contravention of the scheme or without the permission referred to in section 10 or in contravention of any condition subject to which such permission has been granted, the prescribed authority shall in addition to any prosecution that may be instituted under this Act, issue a notice in writing stating the reasons, calling upon the person to show cause within a period of–– (a) three days if the erection of any building or structure has been commenced or is being carried on ; and (b) seven days if the erection of any building or structure has been completed, why the building should not be altered or demolished as he may deem necessary to remove the contravention. (2) Notwithstanding anything to the contrary contained in this Act, the prescribed authority shall cause notice to be affixed on the outer door or some conspicuous part of the building whereupon the notice shall be deemed to have been duly served upon such person. (3) If the person to whom notice has been given refuses or fails to show cause within the period specified under sub-section (1) or if after hearing that person and considering any evidence which he may produce in support of his claim within that period, the prescribed authority is satisfied that the erection of the building is in contravention of the provisions of this Act, he shall by order direct the person to demolish, alter or pull down the building or part thereof so far as is necessary to remove the contravention within ten days and if the person fails to comply with the direction, the prescribed authority shall after the expiry of the said period of ten days cause the building or part thereof to be demolished, altered or pulled down, as the case may be, and may for that purpose use such police force as may be necessary. The expenses of such demolition or alteration shall be recoverable from the owner as arrears of land revenue. (4) Any person aggrieved by the order of the prescribed authority directing the person to demolish, alter or pull down the building or part thereof under sub-section (3), may prefer an appeal to the Minister or the authority appointed by him in this behalf within ten days after the date of aforesaid order of the prescribed authority. The memorandum of appeal need not be accompanied by a copy of order appealed against : Provided that the Minister or the authority appointed by him in this behalf shall decide the appeal within ten days from the date the appeal is filed ; failing which it shall be presumed that the appeal has been accepted : Provided further that the Minister or the authority appointed by him in this behalf may, either before or after the filing of the appeal, compound the offence and accept by way of compensation such sum as he or it may deem reasonable subject to such rules, regulations and orders as may be prescribed. Where an offence has been compounded no further action shall be taken against the aggrieved person in respect of the offence so compounded. The sum so accepted shall be recoverable as arrears of land revenue. (1) Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out development or institutes, or changes the use of any land— (a) without permission required under this Act; or (b) in contravention of any permission granted or in contravention of any condition subject to which such permission has been granted; or (c) after the permission for development has been duly revoked; or (d) in contravention of any permission which has been duly modified, shall be punishable with simple imprisonment for a term which may extend to six months or with fine or with both. (2) Any person who continues with the use of any land or building in contravention of the provisions of a developmental plan without being allowed to do so under section 10, 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 has expired, or in contravention of any condition subject to which the continuance of such use was allowed, shall be punishable with simple imprisonment for a term which may extend to six months or with fine or with both, and may further, in the case of a continuing offence, with a daily fine extending to Rs. 200 for every day the offence continues after conviction for the first commission of the offence. (3) Any person who does any act in contravention of the provisions of section 12, shall be punishable with fine which may extend to Rs. 500.