Power to require removal of unauthorised development

Power to 35.

1. (1) Where the development has been carried out as indicated in section 34, require the Department may, within five years of such development, serve on removal of the owner a notice requiring him, within such period being not less unauthorised than one month and not exceeding three months as may be specified development. therein from he date of serving of notice –
   • (a) In case specified in clause
   • (a) or
   • (c) of section 34 to restore the land to its condition existing before the said development took place ;
   • (b) In cases specified in clause
   • (b) or
   • (d) of section 34 to secure compliance with the conditions or with the permission as modified; Provided that where the notice required the discontinuance of any use of land, it shall be served on the occupier also.
2. (2) In particular, such notice may for purpose of sub-section
3. (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 discontinuance any use of land.
4. (3) Any person aggrieved by such notice may within fifteen days of the receipt of the notice and in the manner prescribed, apply to the Department for permission under section 27 of this Act for retention on the land, or any building or works or for the continuance of any use of the land, to which the notice relates and till the time application is disposed off, the notice shall stand withdrawn.
5. (4) The foregoing provisions of this chapter shall, so far as may be applicable, apply to an application under sub-section (3).
6. (5) If the permission applied for is granted, the notice shall stand withdrawn, but if the permission applied for is not granted, the notice shall stand, or if such permission is granted for the retention only of some buildings or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects of such buildings or works or other parts of the land, as the case may be; and there upon the owner shall be required to take steps specified in the notice under sub-section
7. (1) as respects to such other buildings or works or part of the land.
8. (6) If within the period specified in the notice or within the same period after the notice or so much of it as stands is not complied with, the Department may –
   • (a) prosecute the owner for not complying with the notice and whether the notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice, and
   • (b) where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations, itself cause the restorations of the land to its conditions before the development took place and secure the compliance with conditions of the permission or as modified by taking such steps as the Department may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations; and recover the amount of any expenses incurred by it in this regard from the owner as arrears of land revenue.
9. (6) Any person prosecuted under clause
   • (a) of Sub-section
10. (6) shall, on conviction, be punished with simple imprisonment for a term which may extend to [three years]2, or with fine which may extend to [five thousand rupees]2 or with both and in the case of a continuing offence, with 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.