APCRDA Act 114Chapter XI · Promotion of Development and use of Lands

Section 114 · Penalty for unauthorized development or for use otherwise than in conformity with sanctioned plans

(1)

Any person who, whether at his own instance or at the instance of any other person or anybody including a department of Government commences, undertakes or carries out development of any land or building or institutes or changes the use of any land or building in contravention of the master plan or infrastructure plan or area development plan or notified development scheme or any plan sanctioned under the Act,-

(a)

without permission as required under the Act; or

(b)

which is not in accordance with any permission granted or in-contravention of any condition subject to which such permission has been granted; or

(c)

after the permission for development has been duly revoked; or

(d)

in-contravention of any permission which has been duly modified;

shall be punishable with imprisonment for a term which may extend to three years or 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 or both, 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 everyday during which such offence continues after conviction for the first commission of the offence.

(2)

Any person who deals with the development of land or building by way of sale or otherwise in contravention or without compliance of the provisions of the Act or rules or regulations made therein shall be punishable with imprisonment for a term which may extend to three years or with a fine equivalent to twenty percent of the value of the land in question as fixed by the Registration Department at the time of undertaking development of any land or both and in the case of continuing the offence with a further daily fine which may extend to fine equivalent to one percent of the value of the land in question as fixed by the Registration Department at the time of undertaking development of any land for every day during which such offence continues after conviction for the first commission of the offence;

(3)

Any person who continues to use or allows the use of any land or building in-contravention of the provisions of the master plan or any such plans sanctioned under the Act without being allowed to do so under the provisions of the Act, or where the continuance of such use has been allowed under the Act continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punished with a fine equivalent to ten 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 during which such offence continues after conviction for the first commission of the offence.

(4)

Any person, who obstructs the entry of a person authorized under the provisions of the Act, to enter into or upon any land or building or molests such persons after such entry, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both.

The offence at a glance

Maximum punishment: 3 years
Fine: ₹10,000
Cognizable: Cognizable
Bailable: Non-bailable
Triable by: Magistrate of the first class

Cognizable — Police may arrest without a warrant
Non-bailable — Bail is at the court's discretion

Sub-sections of this section carry different penalties; the maximum is shown.

Derived from the First Schedule Part II rule — not listed section by section

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