Control of Development and use of Land

Power to require removal of unauthorized development or use

§18

Summary

(1) Where any development of land has been, or being, carried out in any manner or any building has been erected or re-erected or any excavation has been made or extended or any means of access has been laid out to a road in contravention of the provisions of this Act, the appropriate authority may serve on the owner a notice being not less than one month, as may be specified therein; requiring him after the service of the notice, to take such steps, as may be specified in the notice, namely:- (i) in cases specified in clauses (i), (iii) and (v) of section 17, to restore the land to its condition before the said development, erection, re-erection, excavation or laying out of any means of access to a road took place; (ii) in cases specified in clause (iv) and (vi) of section 17, to secure compliance with the conditions or with permission as modified; (iii) in cases specified in clause (ii) section 17, to pay the development charge or betterment charge and such penalty, if any, as may be prescribed: Provided that in case the notice requires the discontinuance of the use of any land, the appropriate authority shall serve a notice on the occupier also. (2) In particular, any such notice may, for the purposes of sub-section (1), require,- (i) the sealing, demolition or alteration of any building or works; (ii) the discontinuance of any use of land. (3) Any person aggrieved by such notice may. within such period and in such manner, as may he prescribed,- (i) apply for permission under section 15 for the retention on the land of any building or works or for the continuance of any use of tho land, to which the notice relates; or (ii) appeal to the State Government. (4) (i) The notice shall be of no effect pending the final disposal or withdrawal of the application or the appeal. (ii) Where permission is granted on an application referred to in clause (i) of sub-section (3), the notice shall not take effect and where such permission is granted for tho retention only of some building or works or for the continuance of use of only a part of the land, such notice shall not take effect regarding such building or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land. (5) Where an appeal has been preferred under clause (ii) of sub-section (3), the State Government may, after affording a reasonable opportunity to the appellant and the appropriate authority of being heard, dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit and the decision of the State Government on the appeal shall be final and shall not be questioned in any court. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub-section (3), as the case may be, the notice or so much of it as continues to have effect, or the notice with variations made in appeal, is not complied with, the appropriate authority may- (i) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance of any use of land, prosecute any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and (ii) (a) in the case of a notice requiring the demolition or alteration of any building or other operations, itself cause the restoration of the land to the condition in which it was before the development, erection, re-erection, excavation or laying out any means of access to a road, as the case may be, took place and secure the compliance with the conditions of tho permission or with the permission 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 (b) recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue. (7) Any person prosecuted under clause (i) of sub-section (G) shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both, and in the case of continuing offence, with fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

(1) Where any development of land has been, or being, carried out in any manner or any building has been erected or re-erected or any excavation has been made or extended or any means of access has been laid out to a road in contravention of the provisions of this Act, the appropriate authority may serve on the owner a notice being not less than one month, as may be specified therein; requiring him after the service of the notice, to take such steps, as may be specified in the notice, namely:- (i) in cases specified in clauses (i), (iii) and (v) of section 17, to restore the land to its condition before the said development, erection, re-erection, excavation or laying out of any means of access to a road took place; (ii) in cases specified in clause (iv) and (vi) of section 17, to secure compliance with the conditions or with permission as modified; (iii) in cases specified in clause (ii) section 17, to pay the development charge or betterment charge and such penalty, if any, as may be prescribed: Provided that in case the notice requires the discontinuance of the use of any land, the appropriate authority shall serve a notice on the occupier also. (2) In particular, any such notice may, for the purposes of sub-section (1), require,- (i) the sealing, demolition or alteration of any building or works; (ii) the discontinuance of any use of land. (3) Any person aggrieved by such notice may. within such period and in such manner, as may he prescribed,- (i) apply for permission under section 15 for the retention on the land of any building or works or for the continuance of any use of tho land, to which the notice relates; or (ii) appeal to the State Government. (4) (i) The notice shall be of no effect pending the final disposal or withdrawal of the application or the appeal. (ii) Where permission is granted on an application referred to in clause (i) of sub-section (3), the notice shall not take effect and where such permission is granted for tho retention only of some building or works or for the continuance of use of only a part of the land, such notice shall not take effect regarding such building or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land. (5) Where an appeal has been preferred under clause (ii) of sub-section (3), the State Government may, after affording a reasonable opportunity to the appellant and the appropriate authority of being heard, dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit and the decision of the State Government on the appeal shall be final and shall not be questioned in any court. (6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub-section (3), as the case may be, the notice or so much of it as continues to have effect, or the notice with variations made in appeal, is not complied with, the appropriate authority may- (i) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance of any use of land, prosecute any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and (ii) (a) in the case of a notice requiring the demolition or alteration of any building or other operations, itself cause the restoration of the land to the condition in which it was before the development, erection, re-erection, excavation or laying out any means of access to a road, as the case may be, took place and secure the compliance with the conditions of tho permission or with the permission 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 (b) recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue. (7) Any person prosecuted under clause (i) of sub-section (G) shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both, and in the case of continuing offence, with fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

← Previous Section Next Section →

Explore this Chapter