section 56
Power to enforce Town Planning Scheme or Local Area Plan
The Mizoram Urban and Regional Development Act, 2025General2025105 sections13 chapters
Chapter IX IMPLEMENTATION OF TOWN PLANNING SCHEME AND LOCAL AREA PLAN
Statutory text
- (1) On and after the date on which the Preliminary Scheme or Local Area Plan comes into force, the Appropriate Authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme-
- (i) remove, pull down, or alter any building or other work in the area included in the scheme which contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;
- (ii) execute any work which is the duty of any person to execute under this scheme in any case where it appears to the Appropriate Authority that delay in the execution of such a work would prejudice the efficient operation of the scheme.
- (2) Any expenses incurred by the Appropriate Authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the Appropriate Authority under the provisions of this Act.
- (3) A reference shall be made by the Appropriate Authority to the State Government in questions, if any, arises as to whether, namely, -
- (i) Any building or work contravenes a Town Planning Scheme or whether any provision of a Town Planning Scheme is not complied with in the process of erection or carrying out of any such a building or work, or
- (ii) any building or work contravenes a Local Area Plan or whether any provision of a Local Area Plan is not complied with in the process of erection or carrying out of any such a building or work, or
- (iii) it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.
- (4) No persons shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Appropriate Authority under the provisions of this section except in respect of the building or work that had begun before the date referred to in sub-section
- (1) and only in so far as such building or work has proceeded until that date: Provided that any claim to compensation which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the Appropriate Authority.
- (5) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or State Government.
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