Amendment status not verified — confirm the current text below against the official source.
(1) Where any development ofland has been carried out as described in section 35, the Local Planning Authority may, within four years of such deve)opment. serve on the owncr a notlce requiring him, within such period, being not less than one month, as maybe spccified therein, aftcr the service ofthe notice, to take such steps as may be specified in the notice, (i) in case speciired in clause (a), (c), or (e) thereof to restore the land to its condition before the said development took place ; (ii) in cases spccified in clause (d) or (f) thereofto secure compliance with the conditions or with the permissiou as modified ; (iii) in case specified in clause (b) to pay the development charge and such penalry ifany, as may be prescribed by the Rules, and, in particular, any such notice may, for the purpose aforesaid require (i) the demolition or alteration ofany buildings or works ; (ii) the carrying out on land, of any building or other operations ; or (iii) the discontinuance to any use ofland ; Provided that in the case the notice requires the discontinuance of any use of land the Local Planning Authority shall serve a notice on the occupier also. (2) any person aggrieved by such notice may, within the said period and in the manner prescribed - (a) apply for permission under section 29, ofthis Act for the retention on the land ofany build- ings or works or for the continuance of ary use ofthe land, to rvhich the notice relates; or (b) appeal to the State Governmer, State Urban and Country Planning Board. (3) (a) the notice shall be ofno effect pendurg thc final determining orwithdrawal ofthe appl ,. ionor the appeal. Power to require removal ofunauthorized development. 48 (b) (i) the provisions ofthe foregoing sections 29 and 30 shall apply to such application with such modifications as may be necessary. (ii) ifsuch permission as aforesaid is granted on that application the rotice shall not take effect, or if such permission is granted for the retention orfy of some buildings or works or for the continuance ofuse ofonly a part ofthe land, the notice shall not take effect regarding such buildings or works or suchpart ofthe land, but shall have full effect regarding other buildings or works or other parts of the land. (4) On an appeal made to the State Govemmen, State Urban and Country Planning Board under sub- section (2), the DirectorTown Planning/ ChiefTown Planner, as the Secretary to the State Urban and Country Plaming Board or any othe! person appointed by him in their behalfshall, alier allowing a reasonable opportunity of being heard to the appellant and the Local Planning Authority concerned, submit his report to the State Govemmenf/ State Ulban and Country Planning Board. (5) After considering the aforesaid repod, the State Govemment/ State Urban and Country Planning Board may dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit. (6) Ifwithin the period specified in the notice or within such period after the disposal orwithdrawal ofthe application forpermission or the appeal under the sub-section (2), the notice or so much of it as continues to have effect, orthenotice with variation made in appeal, is not complied with, the Local Planning Authority may (a) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance ofany use ofland, any other pe6on also who uses the land or causcs or permits the land to be used in contravention of the notice and; 19 (b) (i) in the case of a notice requiring the demolition oralteration ofany building or works or carrying out of any building or other operations, itselfcause the rcstoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the I-ocal Planning Authority may consider necessary including demolition or alteration of any building or works of carrying out of any building or other operations . (ii) The Local Plaruring Authority shall recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue. (7) Any peIson prosecuted under sub-section 6 (a) shall be purishable with a lure which may extend to twenty thousand rupees, and in the case of continuing offence, wittr a fi,uther lure of Rupees five huadred every passing day during which such offence continues or imprisonment of three months period aftsr conviction for the fint commission ofdrc offence or both including confiscation of the said land.