section 34
Power to require removal of unauthorised development
The Tripura Town and Country Planning Act, 1975Infrastructure197573 sections10 chapters
Chapter VII CONTROL OF DEVELOPMENT AND USE OF LAND
Statutory text
- (1) whcre any developncnr oP land has been carried out as described in section 33. thc planning authority may, within four years of such development, serve on the owner a notice requiring him, within such period, being not less ihan one month, as may be specified therein, after the service of the notice, ro take such steps as may be specified in rhc notice -
- (a) in cascs sepcified in clauses (a), (c), or
- (e) fhcrcof lo rcs tore the land to its condition before the said develop inent took place ;
- (b) in cases specified in cl;ause
- (d) or (0 thereof to secure compliance wilh the conditions or with the permission as tnodified :
- (c) In cases specified in clause
- (b) to pay the development charge and such penalty, if any, as may be prescri bcd by the rulcs, and in particular, any such notice may, for [he puipose aforesaid require -
- (i) thc demolition or alteration of any buildings 01. works :
- (ii) the carrying OUL on I;lncl, of any building or other operation ; or
- (iii) [he discontinuance of any use of land : Provided that in the case the nolice required the discontinuance oi any use of land, the plarining authority shall serve a notice on rhe occupier also.
- (2) Any person aggrieved by such notice may, within the silid period and in the manner prescribed - (;I) apply for permission under seclion 29 of this Act for- the rercntion on the land of any buildings or works or Tor the continuance of any usc of [he land, to which the noicc relates ; or
- (b) appeal to the Board. (3)
- (a) The notice shall be of no effect pending the final determi nation or withdrawal of the application or the appeal. (b)
- (i) The provisions of sections 29 and 30 shall apply muraris mutandis to such an application.
- (ii) If such permission as afolhesaid is granted on thal application, hc noticc shall not takc affecr, or if such permission is gl-antcd for thc retention only of some buildings or works or for the continugnce of use of only a part of thc land. the nolice shall not rake effect, regal.ding such buildings or works or such parr of thc land. but shall have Cull effect regarding other buildings or wnrks or other parts of the land.
- (4) On an appeal tnnde ta thc Board utldcr sub-section
- (2) the Chief Town Planncr or any other person or commirrec appointed by the Board in this bch;lf 511i111, aRcr allowing a reason;blc opportunity of bcing heard LO [he ippellirnl ;111d thc planliin authority concerned, submit a rcport to the Board.
- (5) Aftcr considering Lhe ahresaid rcport. thc Board niay dismiss the ippei'l 01. allow thc appeal by quashing or varying the uoticc as it may think fil.
- (6) I1 within the period specified in the norice or wilhin such period at'tcr thc clisposal or withdrawal of the application for permission 01. the appeal under the sub-section
- (2) the noricc or so riluch of it as continues to have cffect, or rhe norice with val-iation lnadc in appeal, is not complied with, chc plalniig autholily may -
- (a) prosecute thc owner for not cornplyins with the notice and in the casc where the notice required the discontinuance of any use of land, any other person also who uses [he lotd or causes or pcrmiw the land to be used in contravention of [he uoticc and (b)
- (i) in he case of a rloticc requiring the demolition or alteration of any building or works or carrying our of any building or other opcrations, itself cause the restoration of the land to its condition bctbrc tlc development took place and secure the compliance wit11 the conditions of the permission as rnodilied, by taking such sleps as thc planning authority may consider necessary including dcmoli tion or alreralion or ally building or works or carrying our of any building or other operalions, and
- (ii) recover the cost of any expenses incurrcd by planning authority in this behalf Ti-om the owncr as arrears of land revenue.
- (a) prosecute thc owner for not cornplyins with the notice and in the casc where the notice required the discontinuance of any use of land, any other person also who uses [he lotd or causes or pcrmiw the land to be used in contravention of [he uoticc and (b)
- (7) Any person prosecuted under clause
- (a) of sub-scction
- (6) shall bc punisliable with a line which may extend to ten rhousand rupees, and in the case of a conlinuing offencc, with a further fine which may extend to five hundred rupees for cvcry day during which sucli offence conlinues after conviction for the fir-st commission of the offence.
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