Power to require removal of unauthorised development

Section 32 of the Ajmer Development Authority Act, 2013 deals with power to require removal of unauthorised development. Where any development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this section, within ten years of such development, serve on the owner a notice requiring him within such period, being not exceeding one month, as may be The Act was enacted on 08 Aug 2013.

(1) Where any development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this section, within ten years of such development, serve on the owner a notice requiring him within such period, being not exceeding one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice-

(a) in cases specified in clause (a) or (c) of sub-section (1) of section 31 to restore the land to its condition existing before the said development took place;

(b) in cases specified in clause (b) or (d) of sub-section (1) of section 31 to secure compliance with the conditions or with the permission as modified :

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

(2) In particular, such notice may, for purposes of subsection (1), require -

(i) the demolition or alteration of any building or works;

(ii) the carrying out on land of any building or other operations; or

(iii) the discontinuance of any use of land.

(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner determined by regulations, apply for permission under section 17 for retention on the land, of any building or works or for the continuance of any use of the land, to which the notice relates and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.

(4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply to an application made under subsection (3).

(5) If the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted, the notice shall stand or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be, and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.

(6) If within the period specified in the notice or within the same period after the disposal of the application under subsection (4), the notice or so much of it as stands in not complied with, the Authority may -

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

(b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operation and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.

(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with fine which may extend to five thousand rupees and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

Section 32, The Ajmer Development Authority Act, 2013 (Act 39 of 2013).