Power to require removal of unauthorised development or use

(1) If it appears to a Planning Authority that it is expedient in the interest of the proper planning of its areas (including the interest of amenities) having regard to the development plan prepared, or under preparation, or to be prepared, and to any other material considerations – (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 building or work 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 work, 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 Board. (3) If an appeal is filed under the last foregoing sub-section, the provisions of clause (i) of sub-section (3) and sub-section (4) and (5) of section 44 shall apply with such modifications as may be necessary. (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 (ii) who has carried out any work 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 expense reasonably incurred by him for complying with the notice the provisions of sub-sections (3) to (5) of section 41 shall apply with such modifications as may be necessary. (5) (a) If any person interested in the 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 Government an acquisition notice requiring it to acquire his interests in the land. (b) When a notice is served under the last foregoing sub-section, the provisions of sub-sections (2) to (4) of section 40 shall apply with such modifications as may be necessary.