Power to stop development

The Aizawl Development Authority Act, 2005

General200564 sections

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Statutory text

(1) Where any development in any area has been commenced in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 13 or in contravention of any condition subject to which such permission, approval or sanction has been granted, the Authority or any officer of the Authority empowered by it in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on or from the date of the service of the order, and such order shall be complied with accordingly.
(2) Where such development is not discontinued in pursuance of the order under sub-section (1), the Authority or the officer of the Authority may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development or to seize any construction material, tool, machinery, scaffolding or other things used in such development within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.
(3) Any of the things caused to be seized by the Authority or the officer of the Authority under sub-section
(2) shall, unless the owner thereof turns up to take back such things and pays to the Authority or the officer of the Authority the charges for the removal or storage of such things, be disposed of by it or him by public auction or in such other manner and within such time as the Authority or the officer of the Authority thinks fit.
(4) The charges for the removal and storage of the things sold under sub-section
(3) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the fund of the Authority.
(5) After the requisition under sub-section
(2) has been complied with, the Authority may depute by a written order a police officer or an officer or employee of the Authority to watch the place in order to ensure that the development is not continued.
(6) Any person failing to comply with an order under sub-section
(1) shall be punishable with fine which may extend to five hundred rupees for every day during which the non-compliance continues after the service of the order.
(7) No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 26 or the discontinuance of the development under this section.
(8) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force.

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