PRTPD Act 89Chapter XI · Control of Development and Use of Land in Area where Master Plain is in Operation

Section 89 · Power to remove authorised development or use

(1)

If it appears to the Competent Authority that it is expedient in the interests of the proper planning of any area (including the interests of amenities), having regard to the [Master Plan prepared or under preparation or revision] [Substituted by Punjab Act No. 13 of 2003.] -

(a)

that any use of land should be discontinued; or

(b)

that any conditions should be imposed on the continuance of use of any land; or

(c)

that any building or work should be altered or removed the Competent Authority, may, by notice served on the owner -

(i)require the discontinuance of that use; or

(ii)impose such conditions, as may be specified in the notice, on the continuance of use of the land; or

(iii)require such steps, as may be specified in the notice, to be taken for the alteration or removal or any building or work, as the case may be, within such period, being not less than thirty days from the date of service of such notice, as may be specified therein.

(2)

Any person aggrieved by the notice served under sub-section (1), may, appeal to the State Government within such period and in such manner as may be prescribed.

(3)

If an appeal is filed under sub-section (2), the provisions of sub- sections (3) and (6) of section 87 shall apply, with such modifications as may be necessary.

(4)

If any person, -

(i)

who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in this enjoyment of the land; or

(ii)

who has carried out any works in compliance with the notice, claims from the Competent Authority, within the time and in such a manner as may be prescribed compensation in respect of the damage, or, any expenses reasonably incurred by him for complying with the notice, the previsions of sub-sections (3) and (4) of section 85 shall apply with such modifications as may be necessary.

(5)

(a)

If any person interested in the land in respect of which a notice is issued under this section, claims that by the reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on the State Government, acquisition notice requiring his interest in the land to be acquired.

(b)

When a notice in served under clause (a), the provisions of sub- sections (2) to (6) of section 84 shall apply with such modifications as may be necessary.

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