Default powers of Authority

Section 30 of the Jammu and Kashmir Development Act, 1970 deals with default powers of Authority. If the Authority after holding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land or building in a zone has not been provided in relation to any land or building which in the opinion of the Authority i The Act came into force on 31 Oct 1970.

(1) If the Authority after holding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land or building in a zone has not been provided in relation to any land or building which in the opinion of the Authority is to be provided, it may, after affording a reasonable opportunity to show cause, serve upon the person providing or responsible for providing amenity a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.

(2) If any amenity is not provided or any such development is not carried out within the time specified in the notice, then the Authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit :

Provided that before taking any action under this sub-section, the Authority shall afford reasonable opportunity to the person providing or responsible for providing the amenity to show cause as to why such action should not be taken.

(3) All expenses incurred by the Authority or the agency employed by it in providing the amenity or carrying out the development together with interest at such rate as the Government by order fix from the date when a demand for the expenses is made until payment may be recovered by the Authority from the person providing or responsible for providing the amenity, as arrears of land revenue.

Section 30, The Jammu and Kashmir Development Act, 1970 (Act 21 of 1970).