Power to require removal of authorised development or use

Section 35 of the Jaipur Development Authority Act 1982 deals with power to require removal of authorised development or use. If it appears to the Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Plan prepared,- (a) that any use of land should be discontinued, or (b) that any conditions should be imposed on the continuance thereof, or The Act was enacted on 14 Jul 1982.

(1) If it appears to the Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Plan prepared,-

(a) that any use of land should be discontinued, or

(b) that any conditions should be imposed on the continuance thereof, or

(c) that any building or works should be altered or removed, the 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 thereof; or

(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.

(2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the Tribunal.

(3) On receipt of an appeal under sub-section (2), the Tribunal may, after giving a reasonable opportunity of being heard to the appellant and the Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.

(4) If any person,-

(i) who has suffered damage in consequence of the compliance with the notice by the depreciation on any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise; or

(ii) who has carried out any works in compliance with the notice, claims, from the Authority, within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses, reasonably incurred by him for complying with the notice, then the provisions of sub-sections (2) and (3) of section 30 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.

Section 35, The Jaipur Development Authority Act 1982 (Act 25 of 1982).