Power to require removal of unauthorised development or use.

The Maharashtra Regional and Town Planning Act, 1966

Infrastructure1966196 sections11 chapters

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UNAUTHORISED DEVELOPMENT

Statutory text

(1) If it appears to a Planning Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Development plan prepared,-
- (a) that any use of land should be discontinued, or
- (b) that any conditions should be imposed on the continuance thereof, or
- (c) that any buildings or works should be altered or removed, the Planning Authority may, by notice served on the owner,-
  - (i) require the discontinuance of that use; or
  - (ii) impose such conditions as may be specified in the notice on the continuance thereof ; or
  - (iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.
(2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the State Government.
(3) On receipt of an appeal under sub-section (2), the State Government or any other person appointed by it in this behalf may, after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
(4) If any person,-
- (i) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise ; or
- (ii) who has carried out any works in compliance with the notice, claims, from the Planning Authority, within the time and in the manner prescribed compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, then the provisions of sub-sections (2) and (3) of section 51 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.
(5) If any person having interest in land in respect of which a notice is issued under this section claims that by the reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on the State Government a purchase notice requiring his interest in the land to be acquired ; and thereupon, the provisions of section 49 for dealing with a purchase notice shall, so far as can be made applicable, apply as they apply to a purchase notice under that section.

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