Power to require removal of unauthorised development

Section 52 of the Dadra and Nagar Haveli and Daman and Diu Municipal Council Regulation, 2004 deals with power to require removal of unauthorised development. Where any development or change of use of land has been carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, the Planning and Development Authority may, [ **** ] serve on the owner a notice requiring him, within such period, being not less than one month from t

(1) Where any development or change of use of land has been carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, the Planning and Development Authority may, 78[ **** ] serve on the owner a notice requiring him, within such period, being not less than one month from the date of service of such notice as may be specified therein, to take any of the following steps as may be specified in the notice, namely :- a. in the cases specified in clause (a) or clause (c) or clause (e)of the said sub-section to restore the land to its condition before the said development took place; b. in the cases specified in clause (d) or clause (f) of the said sub-section to secure compliance with the conditions subject to which the permission was granted or with the permission as so modified; c. in the cases specified in clause (b), to pay the development charge and such penalty, if any, as may be prescribed, and in particular, such notice may, for any of the purposes aforesaid require (i) the demolition or alteration of any building or work;

(ii) the carrying out on land, of any building or other operations; or (iii) the discontinuance of any use of land:

Provided that in case the notice required the discontinuance of the use of any land, the Planning and Development Authority shall serve a notice on the occupier also.

(2) Any person aggrieved by a notice served under sub-section (1) may within such period and in such manner as may be prescribed- Yredund notice (a) apply for permission under section 44 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 79[Prescribed Authority].

(3) Where an application for permission has been made under clause (a), or an appeal has been preferred under clause (b), of sub-section (2), the notice served under sub-section(1) shall have no effect until the final determination or withdrawal of the application or the appeal, as the case may be.

(4) Where permission is granted on an application referred to in clause (a) of sub-section (2), the notice issued under sub-section (1) shall not have 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 have effect regarding such building or work or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.

(5) Where an appeal has been preferred under clause (b) of sub-section (2), the 80 [Prescribed Authority] shall, after giving a reasonable opportunity of being heard to the appellant and the Planning and Development Authority concerned, allow or dismiss the appeal either by quashing or varying the notice as it may think fit.

(6) If within the period specified in the notice or within such period after the disposal or withdrawal of an application for permission or an appeal under sub-section (2), as may be prescribed, the notice or so much of it as continues to have effect or the notice with variations made in such appeal is not complied with, the Planning and Development Authority may- 77 Inserted new "sub-section (3)" by the (Adaptation of State Laws) Fourth Order, 2022. 78 Omitted the words "within four years of such development or change," by the (Adaptation of State Laws) Fourth Order, 2022. 79 Substituted the word for "Board" by the (Adaptation of State Laws) Fourth Order, 2022. 80 Substituted the word for "Board" by the (Adaptation of State Laws) Fourth Order, 2022. Page 27 (a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, also any other person who uses the land or causes or permits the land to be used in contravention of the notice; and (b) in the case of a notice requiring the demolition or alteration of any building or work or other operations, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission modified by taking such steps as the Planning and Development Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations and may recover the cost 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 be punishable with fine which may extend to 8][one lakh], and in the case of a continuing contravention with a further fine which may extend to 82[one thousand] rupees for every day during which such contravention continued after conviction for the first such contravention. 83[(8) An offence under this section shall be cognizable.]

Section 52, The Dadra and Nagar Haveli and Daman and Diu Municipal Council Regulation, 2004 (Act 2 of 2004).