Power to require removal of unauthorized development

§6

Summary

(1) Where any unauthorized development of land has been carried out as indicated in sub-section (1) of section 3, the Corporation may, subject to the provisions of this section, serve on the lease holder and / or the occupier of the land a notice requiring him within such period, not exceeding one month, as may be specified therein, after the service of the notice, to take such steps as may be specified in the notice- (a) in cases specified in clause (a) or clause (C) of sub-section (1) of Section 3,to restore the land to its condition existing before the said unauthorized development took place; and (b) in cases specified in clause (b) of sub-section (1) of section 3 to secure compliance with the conditions or with the permission as granted. (2) in particular, such notice may, for purpose of sub-section (1) require- (a) the demolition or alteration of any building or works or carrying out any other operation, or (b) the discontinuance of any use of land or building or works. (3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner determined by regulations apply for permission under the Land Disposal Rules or rules made under this Act, for retention of the land or any building or works or for the continuance of any use of the land, to which the notice relates, and pending the final determination or withdrawal of the application, merely serving of a notice in itself shall not affect in any way the retention of building or works or the continuance of such use. (4) if the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted the notice shall stand ; or if such permission is granted for the retention only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, shall stand as respects other buildings or works or other parts of the land, as the case may be; and thereupon, the lease holder and / or the occupier shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works of part of the land. (5) If within the period specified in the notice or within the said period after the disposal of the application under sub-section (4), the notice is partially compiled with or deemed withdrawn partially, for so much of it as stands not compiled with, the Corporation may,- (a) Prosecute the lease-holder for not complying with the notice and where the notice requites, the discontinuance of any use of land, or to any/other person also who uses the land or causes or permits the land to be used in contravention of the notice; and (b) Where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, self cause the restoration of the held to its conditions as it stood before the unauthorized development took place and secure compliance with the conditions of the permissions as modified by taking such steps as the Corporation may consider necessary including demolition or alteration of any building or work or carrying out of any building or other operation; and recover the amount of any expenses incurred by it in this behalf from the lease-holder and/ or the occupier as arrears of land revenue. (6) Any person prosecuted under clause (1) of sub-section (5) shall, on conviction, be punished with fine which may extend to five thousand rupees; and in the case of a continuing offence, with a further fine which may extends to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

(1) Where any unauthorized development of land has been carried out as indicated in sub-section (1) of section 3, the Corporation may, subject to the provisions of this section, serve on the lease holder and / or the occupier of the land a notice requiring him within such period, not exceeding one month, as may be specified therein, after the service of the notice, to take such steps as may be specified in the notice- (a) in cases specified in clause (a) or clause (C) of sub-section (1) of Section 3,to restore the land to its condition existing before the said unauthorized development took place; and (b) in cases specified in clause (b) of sub-section (1) of section 3 to secure compliance with the conditions or with the permission as granted. (2) in particular, such notice may, for purpose of sub-section (1) require- (a) the demolition or alteration of any building or works or carrying out any other operation, or (b) the discontinuance of any use of land or building or works. (3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner determined by regulations apply for permission under the Land Disposal Rules or rules made under this Act, for retention of the land or any building or works or for the continuance of any use of the land, to which the notice relates, and pending the final determination or withdrawal of the application, merely serving of a notice in itself shall not affect in any way the retention of building or works or the continuance of such use. (4) 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 for the retention only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, shall stand as respects other buildings or works or other parts of the land, as the case may be; and thereupon, the lease holder and / or the occupier shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works of part of the land. (5) If within the period specified in the notice or within the said period after the disposal of the application under sub-section (4), the notice is partially compiled with or deemed withdrawn partially, for so much of it as stands not compiled with, the Corporation may,- (a) Prosecute the lease-holder for not complying with the notice and where the notice requites, the discontinuance of any use of land, or to any/other person also who uses the land or causes or permits the land to be used in contravention of the notice; and (b) Where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, self cause the restoration of the held to its conditions as it stood before the unauthorized development took place and secure compliance with the conditions of the permissions as modified by taking such steps as the Corporation may consider necessary including demolition or alteration of any building or work or carrying out of any building or other operation; and recover the amount of any expenses incurred by it in this behalf from the lease-holder and/ or the occupier as arrears of land revenue. (6) Any person prosecuted under clause (1) of sub-section (5) shall, on conviction, be punished with fine which may extend to five thousand rupees; and in the case of a continuing offence, with a further fine which may extends to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

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