PRTPD Act 88Chapter XI · Control of Development and Use of Land in Area where Master Plain is in Operation

Section 88 · Power to require to discontinue unauthorised development

(1)

Where any development of land has been 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 to any road in contravention of the provisions of section 81, but has not been completed, the Competent Authority may serve on the owner and the person carrying out the development or the erection or re-erection of building or making or extending any excavation or laying out any means of access to a road, a notice requiring him to discontinue the same from the time of service of such notice.

(2)

Where a notice has been served under sub-section (1), the person aggrieved by such notice may appeal to the State Government and the provisions of sub- sections (5) and (6) of section 87 shall apply with such modifications as may be necessary.

(3)

Any person, who continues to carry out the development of land whether for himself or on behalf of the owner or any other person, after such notice has been served, 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 when the non-compliance is a continuing one with a further fine which extend to one thousand rupees for every day after the date of notice during which the non-compliance has continued or continues.

(4)

If a notice under sub-section (1) is not complied with forthwith, the Competent Authority or any officer authorised by it in this behalf, as the case may be, may require any police officer to remove such person and other workmen from the land with his assistance and such police officer shall comply with such requisition.

(5)

Where action has been taken by a Police Officer under sub-section (4), the Competent Authority or the officer referred to in that sub-section, shall take necessary steps to ensure that such development is not continued.

(6)

Any expenses incurred by the Competent Authority under sub-section (4) and sub-section (5), shall be paid by the person at whose instance such development in being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as arrears of land revenue.

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