Penalty for so using land without permission

Section 33 of the Goa Land Revenue Code, 1968 deals with penalty for so using land without permission. If any land held or assessed for one purpose is used for another purpose without obtaining permission of the Collector under section 32 [or 32-A] or before the expiry of the period after which the change of user is deemed to have been granted under that section, or in contravention of any of the ter

(1) If any land held or assessed for one purpose is used for another purpose without obtaining permission of the Collector under section 32 45[or 32-A] or before the expiry of the period after which the change of user is deemed to have been granted under that section, or in contravention of any of the terms and conditions subject to which such permission is granted, the holder thereof or other person claiming through or under him, as the case may be, shall be liable to the one or more of the following penalties, that is to say,- (i) to pay non-agricultural assessment on the land with reference to the altered use;

(ii) to pay such fine 40[penalty] not exceeding the market value of the land as the Collector may, subject to rules made by the Government in this behalf, direct;

(iii) to restore the land to its original use or to observe the conditions on which the permission is granted within such reasonable period as the Collector may by notice in writing direct; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose or that the conditions may be satisfied. 47[(1A) Where the land has been used for dumping mining rejects or like material without permission, the Government may impose such fine 48[penalty] as may be prescribed.] (2) If any person fails within the period specified in the notice aforesaid to take steps required by the Collector, the Collector may also impose on such person a penalty not exceeding three hundred rupees for such contravention, and a further penalty not exceeding thirty rupees for each day during which the contravention continues. The Collector may himself take those steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.

Explanation :- Using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be change of user. 49[(3) Notwithstanding anything contained in this section, the Collector upon receipt of report from the Town and Country Planning Department/Environment Department/Goa Coastal Zone Management Authority that any person has done land filling in any low lying area, khazan land, land under Coastal Regulation Zone, water body or environmentally/ecologically sensitive area, shall, without issuing any notice to the owner of land or such person, immediately restore the same to its original position and any cost incurred in so doing shall be recoverable from such person as if it were arrears of land revenue.]

Section 33, The Goa Land Revenue Code, 1968 (Act 9 of 1969).