APCRDA Act 115अध्याय XI · Promotion of Development and use of Lands

धारा 115 · Power to require removal of unauthorized development

(1)

Where any development of land or construction of building has been commenced or is being carried on or has been completed as indicated in sub-section (1) of section 114, the Commissioner, may, subject to the provisions of this section, serve on the owner a provisional order requiring the person to demolish such unauthorized construction or re-construction or work or development within a period specified to bring such construction or re-construction of the building or work in conformity with the provisions of the Act or as per sanctioned development permission or Rules or Bye-laws made there under and may also direct that until the said order is complied with, the concerned person shall refrain from proceeding with such development or construction or re-construction of the building or work:Provided that, where the order requires the discontinuance of any use of land, the Commissioner shall serve the order on the occupier also.

(2)

The Commissioner shall serve copy of the provisional order made under subsection (1) on such person mentioned in subsection (1) with an order requiring him to show cause within a reasonable time to be specified in such order as to why the order should not be confirmed.

(3)

If the person mentioned in subsection (1) fails to show cause to the satisfaction of the Commissioner, the Commissioner may confirm the order with such modification as he thinks fit and serve the Confirmation Order on such person and such order shall be binding on such person; and such person shall be liable for carrying out the orders of the Commissioner within the period specified in such confirmation order.

(4)

If within the period specified in such confirmation order, the orders contained therein are not carried out by such person, the Commissioner may demolish such unauthorized construction or reconstruction or work and the expenses thereof shall be recoverable from the said person.

(5)

No compensation shall be claimed by any person for any damage which he may sustain in consequence of the removal of any development or the discontinuance of the development.

(6)

The provisions of this section shall be in addition to and not in derogation of any other provision relating to stoppage of building operation contained in any other law for the time being in force.

(7)

Any person aggrieved by an order of the Commissioner made under sub-section (3) may, within fifteen days from the date of receipt of the order, prefer an appeal against the order to the Tribunal appointed under section 118 of the Act.

(8)

Where an appeal is preferred under sub-section (7) against an order made under sub-section (3), the Tribunal may stay the enforcement of the order on such terms, and for such period, as it may think fit:Provided that where the construction or reconstruction of the building or the execution of the work has not been completed at the time of the order made under sub-section (3), no order staying the enforcement of the order made under that sub-section shall be made by the Tribunal unless a surety, sufficient in the opinion of the said Tribunal, has been given by the appellant for not proceeding with such construction or reconstruction or work pending the disposal of the appeal.

(9)

Save as provided in this section, no court shall entertain any suit, appeal, application or other proceeding for injunction or other relief against the Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section.

(10)

Every order made by the Tribunal on appeal and, subject to such order, the order made by the Commissioner under subsection (3) shall be final and conclusive.

(11)

Where no appeal has been preferred against an order made by the Commissioner under sub-section (3) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any, fixed by the Tribunal on appeal, and on the failure of such person to comply with the order within such period, the Commissioner may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of property tax under the Act.

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