PRTPD Act 87Chapter XI · Control of Development and Use of Land in Area where Master Plain is in Operation

Section 87 · Power to require removal of unauthorised development

(1)

Where any development of land has been or being carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 86 or any building has been erected or re-erected or any excavation has been made or extended or any means of access has been laid out to a road in contravention of the provisons of section 80, the Competent Authority may, within four years of completion of such development, erection or re-erection of building, or making or extending any excavation, or laying out of any means of access to a road as the case may be, serve on the owner a notice requiring him, being not less than one month, as may be specified therein, after the service of the notice, to take such steps, as may be specified in the notice, namely :-

(i)

in cases specified in clause (a), clause (c), or clause (e) of sub-section (1) of section 86, or sub-section (3) thereof, to restore the land to its condition before the said development, erection, re-erection, excavation or laying out of any means of access to road took place;

(ii)

in cases specified in clause (d) or clause (f) of sub-section (1) of section 86, to secure compliance with the conditions or with permission as modified;

(iii)

in cases specified in clause (b) of sub-section (1) of section 86, to pay the development charge or betterment charge and such penalty, if any, as may be prescribed :

Provided that in case the notice requires the discontinuance of the use of any land, the Competent Authority shall serve a notice on the occupier also.

(2)

in particular, any such notice may, for the purposes of sub-section (1), require-

(i)

the demolition or alteration of any building or works;

(ii)

the carrying out on land, of any building or other operations;

(iii)

the discontinuance of any use of land.

(3)

Any person aggrieved by such notice may within such period and in such manner as may be prescribed -

(a)

apply for permission under section 81 for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or

(b)

appeal to the State Government.

(4)

(a)

The notice shall be of no effect pending the final disposal or withdrawal of the application or the appeal.

(b)

Where permission is granted on an application referred to in clause (a) of sub-section (3), the notice shall not take effect, and where such permission is granted for the retention only of some building or work or for the continuance of use of only a part of the land, such notice shall not take effect regarding such building or work or such part of the land, but shall have full effect regarding the works or other parts of the land.

(5)

Where an appeal has been preferred under clause (b) of sub-section (3), the State Government may, after allowing a reasonable opportunity to the appellant and the Competent Authority of being heard, dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit and the decision of the State Government on the appeal shall be final and shall not be questioned in any court.

(6)

If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub-section (3), as the case may be, the notice or so much of it as continues to have effect, or the notice with variations made in appeal, is not complied with, the Competent Authority may, -

(a)

prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance of any use of land prosecute any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and

(b)

(i)in the case of a notice requiring the demolition or alteration of any building or other operations, itself cause the restoration of the land to the condition in which it was before the development, erection, re-erection, excavation or laying out of any means of access to a road, as the case may be, took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the Competent Authority concerned may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations;

(ii)any recover the cost of any expenses incurred by it in this behalf from the owner as arrear of land revenue.

(7)

Any person prosecuted under clause (a) of sub-section (6) shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or, with both, and in the case of a continuing offence, with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

Your private note on this section

Only you can see this note.