Power to require removal of unauthorized development

(1) Where any development has been carried out as indicated in section 36, the Director may, within five years of such development, serve a notice on the owner requiring him within such period, being not less than one month and not more than three months from the date of service of the notice as may be specified therein— (a) in cases specified in clauses (a) or (c) of section 36, to restore the land to its condition before the said development took place; (b) in cases specified in clauses (b) or (d) of section 36, to ensure compliance with the conditions or the modified permission; Provided that where the notice requires the stopping of any use of the land, the notice shall also be served on the occupier. (2) In particular, such notice may, for the purposes of sub-section (1), require— (a) the demolition or alteration of any building or works; (b) the carrying out on land of any building or other operations; or (c) the stopping of any use of the land. (3) Any person aggrieved by such notice may within fifteen days from the receipt of the notice and in the prescribed manner apply to the Director for permission to retain any such building or works, or for the continuance of any use of the land to which the notice relates, and pending the disposal of the application, the notice shall stand withdrawn. (4) The foregoing provisions of this Chapter, as far as they may be applicable, shall apply to an application made under sub-section (3). (5) If the permission for which the application has been made is granted, the notice shall be withdrawn, but if the permission for which the application has been made is not granted, the notice shall continue, or if such permission is granted only for the retention of some buildings or works or for the continuance of use of only a part of the land, the notice shall continue as regards the other buildings, works or parts of the land, and the owner shall thereupon be required to take the action specified in the notice under sub-section (1) in respect of such other buildings, works or part of the land. (6) If within the period specified in the notice or after the disposal of the application within the same period, the notice or so much of it as continues is complied with, the Director— (a) may prosecute the owner for not complying with the notice, and where the notice requires the stopping of any use of the land, may also prosecute any other person who uses the land in contravention of the notice or who causes or permits the land to be used in contravention of the notice; and (b) where the notice requires the demolition or alteration of any building or works or the carrying out of any building or other operations, may himself cause the land to be restored to the condition in which it was before the development took place and ensure compliance with the conditions of the permission or the modified permission by taking such action as the Director deems necessary, including the demolition or alteration of any building or works or the carrying out of any building or other operations and recover the expenses incurred by him in this behalf from the owner as arrears of land revenue. (7) Any person who is prosecuted under clause (a) of sub-section (6) shall, on conviction, be punishable with simple imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both, and in the case of a continuing offence, with a further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.