Vidhi Codex

section 70

Power to require removal of unauthorized development

The Mizoram Urban and Regional Development Act, 2025
General2025105 sections13 chapters
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Chapter X Chapter X

Statutory text
  1. (1) Without prejudice to any of the provisions in the Act, in respect of any unauthorized development, the Appropriate Authority may, at any time, serve on the owner a notice requiring him, within such period being not less than one month and not exceeding three months as may be specified therein from the date of serving of notice -
    • (a) Restore the land to its condition existing before the said development took place;
    • (b) 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 Appropriate Authority for permission under section 66 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any use of the land, to which the notice relates and till the time application is disposed off, the notice shall stand withdrawn.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 (5) If the permission applied for is granted, the notice shall stand withdrawn, but if the permission applied for is not granted, the notice shall stand, or if such permission is granted or the retention only of some buildings or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects of such buildings or works or other parts of the land, as the case may be; and there upon the owner shall be required to take steps specified in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 it stands is not complied with, the Appropriate Authority may -
    • (i) 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
    • (ii) 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 Appropriate Authority 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. (7) 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, or with fine which may extend to five thousand rupees 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.
  11. (8) the Deputy Commissioner of the concerned District shall by order in writing direct such person to remove any structure or building or work erected, or to discontinue the use of land or development made unauthorized; and any development or construction unauthorized made again, shall be summarily removed or discontinued summarily without making any order as aforesaid.
  12. (9) Any expenses incurred by under sub-section 8 shall be recovered or met from the person in default or the owner of the land, building or land concerned.
  13. (10) Any sum or fines due in relation to sub-section 8, which is not paid on demand on the day on which it becomes due or on the day fixed by the Appropriate Authority, a complaint shall be filed to the Deputy Commissioner who shall take action to realize the due or fines in favor of public demands under the Mizoram Public Demands Recoveries Act, 2001.
  14. (11) No compensation shall be claimed by any defaulter for any damage which he may sustain in consequence of the removal of any structure or building or development, or the discontinuance of the use of land or development under sub-section 8.

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