Amendment status not verified — confirm the current text below against the official source.
Removal of unauthori.sed development- (1) Where any development has been commenced or 1s being carried on or has been com leted in contrav~ntion of the de~elopment plan, or without the permi;sion p 1 or sanction referred to in Section 15 or in contravention of any' ca::;i~~an s. 91) 0 · Development Authorities Act, 1982 245 subject to which such permission. approval or sanction has been granted '[or any development deemed to be a development undertaken · d d 'th I · , came out of complete w1 . ou a perm1s~1on as referred to in Section 15 under Clause (b-1) of Sub-section (2) ~f Se ct!~n 128] any officer of the Authority empowered by it in th.is behalf, may 1n addition. to a.ny prosecution that may be Instituted under this Act, m~~e an o~der directing that such development shall be removed by demollt1on. falling or otherwise 2(or secured by sealing)by the owner thereof or by t~e person at. whose instance the development has been cor:nmenced ?r 1s being camed out or 'has been completed, within such period no~ being less than five days and more than fifteen days from the date on which a copy of the order of removal , with a brief statement of the reas?~s t~erefor, has been deliv.ered. to the owner or that person as may be spec1f1ed in the. order and on his failure to comply with the order, the officer of the Authority may remove or >[cause to be removed the development or seal or cause to be sealed such development and the expenses incurred therefor) shall be recovered from the owner or the person at whose instance the develqpnient was commenced or was being carried out or was completed as arrears of land revenue : Provided that no such order shall be made unless the owner or the person concerned has been given reasonable opportunity to show cause why the order should not be made. · (2) Any person aggrieved by an order under Sub-section (1) may appeal to the State Government or an Officer appointed by the Slate Government in this behalf, against that order within thirty days from the date thereof, and the Government or the Officer, as the case may be, may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order. The decision of the State Government or the Officer shall be final· and shall not be questioned in any Court of law (3) The provisions of this section shall be in addition to, and not in derogation of any other provision relating to demolition of buildings contained in any other law for the time being in force . CASE LAWS : Unauthorised construction by builders · Compounding of deviations - To be dealt with at a higher /eve/ by mu/ti-membered High Powered Commil/ee so thal the builders cannot manipulate - Officiels who have connived at unauthorized o'r illegal constructions should not be spared · In developing cities the strength of staff which is supposed to keep a watch on building activ11ies should be suitably increesed : Fr iends Colony Development Committee v. Stale of Odlsha and others : 2005 (/) OLR /SC) 84 . Unauthorised construction • Compounding and regularisation • Slobility report by structural analyst suggested removal of 5th floor and cantilevers constructed by the respondent - High Court directed that if the builder submits a revised plan for the construction the authority should consider the same in accordance with law - Held, Regularization of deviations by way of compounding as per Municipal Laws should be sparingly used • Only such deviations deserve to be condoned as are bona fide or ere attributable to some misunderstanding or are suc/1 deviations where the benefits gained by demolition would be far less lhan /li e disadvantage suffered - Deviations by professional builders need to be dealt slernly l/1a11 an Individual constructing his own building • Fvnd to compensate unwary purchasers to be buill up therefrom : Friends Colony Development Cdmmittee v. Stale of Odlsha and others : 2005 (I) OLR (SC) 84.