Power to enforce Scheme

Section 32 of the Rajasthan Land Pooling Scheme Act, 2016 deals with power to enforce Scheme. On and after the date on which the preliminary scheme comes into force, the appropriate authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme- (i) remove, pull down, or alter any building or other work in the area included in the scheme which is such The Act was enacted on 14 Jun 2018.

(1) On and after the date on which the preliminary scheme comes into force, the appropriate authority shall, after giving the prescribed notice and in accordance with the provisions of the scheme-

(i) remove, pull down, or alter any building or other work in the area included in the scheme which is such as contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;

(ii) execute any work which it is the duty of any person to execute under this scheme in any case where it appears to the appropriate authority that.delay in the execution of the work would prejudice the efficient operation of the scheme.

(2) Any expenses incurred by the appropriate authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the appropriate authority under the provisions of this Act.

(3) If any question arises as to whether any building or work contravenes a land pooling scheme or whether any provision of a land pooling scheme is not complied with in the process of erection or carrying out of any such building or work, it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.

(4) No persons shall he entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the appropriate authority under the provisions of this section except in respect of the building or work begun before the date referred to in sub-section (1) and only in so far as such building or work has proceeded until that date:

Provided that any claim to compensation, which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the appropriate authority.

(5) The provisions of this section shall not apply to any operational construction undertaken by the Central Government or State Government

Section 32, The Rajasthan Land Pooling Scheme Act, 2016 (Act 14 of 2018).