Amendment status not verified — confirm the current text below against the official source.
Power to stop un-authorized development - (1) Where any development of land or construction of building as stated in sub-section (1) of section 88 is being carried out but has not been completed, the Metropolitan Commissioner / Vice-Chairperson may serve on the owner and the person carrying out the development, an order requiring the development of land to be discontinued from the time of the service of the order; and thereupon, the provisions of sub-sections (1) to (4) of section 89 shall so far as may be applicable apply in relation to such order, as they apply in relation to the order under this section. (2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such order has been served shall, be punished with a fine equivalent to twenty percent of the value of the land as fixed by the Registration Department at the time of undertaking the development of the land or building, and in the case of a continuing offence with a further daily fine which may extend to fine equivalent to one percent of the value of the land as fixed by the Registration Department for every day after the date of the service of the order during which the non-compliance has continued or continues. (3) Where such developments are not discontinued in pursuance of the order under sub-section (1), the Metropolitan Commissioner / Vice- Chairperson or the officer of the authority or the competent authority as the 72 case may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (4) It shall be lawful for the Authority or the Metropolitan Commissioner / Vice-Chairperson, as the case may be, at any time, before or after making an order for the removal or discontinuance of any unauthorized development or construction under the provisions of the Act, to make an order directing the sealing of such development or property or taking the assistance of the police, for the purpose of carrying out the provisions of the Act. (5) Where any development or property has been sealed, the Authority or the Metropolitan Commissioner / Vice-Chairperson, as the case may be, may, for the purpose of removing or discontinuing such development or property, order such seal to be removed. (6) Any person aggrieved by an order of the Metropolitan Commissioner / Vice-Chairperson made under sub-section (4) may, within seven days from the date of the order, prefer an appeal against the order to the Tribunal appointed under section 92. (7) Where an appeal is preferred under sub-section (6) against an order made under sub-section (4), the Tribunal may stay the enforcement of the order on such terms, and for such period, as it may think fit. (8) Save as provided in this section, no court shall entertain any suit, appeal, application or other proceeding for injunction or other relief against the Metropolitan Commissioner / Vice-Chairperson to restrain him from taking any action or making any order in pursuance of the provisions of this section. (9) Every order made by the Tribunal on appeal and, subject to such order, the order made by the Metropolitan Commissioner / Vice-Chairperson under sub-section (4) shall be final and conclusive. (10) Where no appeal has been preferred against an order made by the Metropolitan Commissioner / Vice-Chairperson under sub-section (4) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the Metropolitan Commissioner / Vice-Chairperson shall take action to implement the order made under sub- section (4). (11) No person shall remove such seal except under an order made by the Authority or the Metropolitan Commissioner / Vice-Chairperson. 73 1 [90-A. Regulation and Penalization of buildings constructed without sanctioned plan: (1) It is open to the Metropolitan Commissioner or Vice-Chairman to regularize constructions made without obtaining sanctioned plan subject to fulfilling the following conditions:- (a) Submission of building plans to the competent authority duly paying all categories of fees and charges. (b) The construction shall be subject to the condition that all parameters laid down in relevant statutes, Master plan, Zonal Development Plan, Building Bye- Laws, Building Rules and other relevant Government Orders including Andhra Pradesh Fire Service Act, 1999 and the National Building Code are satisfied; (c) Payment of penalty equivalent to Thirty Three Percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable. (2) Any offence made punishable under this Act in respect of Non-High Rise buildings may be regularized by the Vice- Chairman or any officer authorized by the Vice-Chairman in this behalf to the extent of violations made to the setbacks on each side of each floor except building line up to 10% of the permissible setbacks, on payment of fine equivalent to one hundred percent of the value of the land as fixed by the Registration Department applicable at the time of regularization in respect of violated floor area, subject to the condition that the sanctioned plan has already been obtained in each case. (3). Notwithstanding anything contained in the Act, in the case of Gram Panchayats falling in the Metropolitan Region or Urban Development Authority areas, the Metropolitan Commissioner or Vice-Chairman may regulate and penalize the construction of buildings, made by the owner, or by an individual as the case may be, unauthorizedly or in deviation of the sanctioned plan as on 31st day of August, 2018 as a onetime measure as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount, all pending or contemplated proceedings and action of enforcement shall be deemed to have been withdrawn and the competent authority shall issue necessary occupancy Certificate to the owner or the individual as the case may be.]