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Section 88

The Haryana Urban Development Authority Act, 1977 (13 of 1977)State Act of Haryana · Act 13 of 1977

(1) Where any development has been commenced or is being Otdcrofdcmocarried on or has been completed in contravention of the master plan or sector libon of developrncni plan or without the permission, approval or sanctiun referred to in section SO or contravention of any conditions subject to which such permission, approval or sanction bas been granted, in relation to the local development area, then without prejudice to the provisions of section 86, the V i c e - C h a n or any officer of the Lmd Development Authority cmpwered by him in that behalf may make-an orderdirecting that such development shall **.

be removed by demolition, filling or athewise by the ormer thereof or by the person at whose instance development has becn commenced or is being M e d out or has been completed, within such period not being less tban fifteen days and more than forty days from thc date on which a copy of the order of removal, with a brief statement of the reasons therefore, has been delivered URBAN DEVELOPMENT A ~ J T H O R I ~ 1 1977 : Haryana Act 13 to the owner or that person as may be specified in the order and on his failure to comply with the order, the Vicc-Chairmarl or such ofificer may remove or cause to be removed the development and the expenses of such removaI as certified by the Vice-Chairman or such officer shall be recoverabIe fionz the owner or the person at whose instance the development was cornrnencecl or was being carried out or was completed, as arrears of land revenue :

Provided that no such order shall bc made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.

(2) Any person aggrieved by an order under sub-section ( 1) may appeal to b e Chairman against that order within tk&/days fiom the date thereof and the Chairman may after hearing the part~es to the appeal eitherallow or dismiss the appeal or may reverse or vary any part of theorder.

I

(3) The Chairman may stay the cxecution of an order against which an appeal has bcen filed before it under sub-section (2).

(4) The decision of the Chairman on the appeal and subject only to such decision, the order under sub-section ( I ) , shall be final and shall not be questioned in any Court.

( 5 ) The provisons of this section shall be in addition to, not in demption of, any other provisions relating to demolition of building contained in any other law for the time being in force.

Power to stop 89. (1 ) Where any development in a 1ocaI development area has been development. commenced or continued in contravention of the master plan or sector development plan or without the permission, approval or sanction referred to in section 80 or in contravention of any conditions subject to which such permission, approval or sanction has been granted then, without prejudice to the provisions of sections 87 and 88, the Vice-chairman of the Local Devdopment Authority or any oficer of the Local Development Authority empowered by him in that behalf, may make an order requiring the development to be discontinued, on and from the date of thc service of the order, and such order shall be complied with accordingly. 1

(2) WheresuchdeveIoprnent isnotdiscontinuedin pursuanceofthe order under sub-section (I), the Vice-Chairman or the said officer of the Local Development Authori ty may require any police officer to remove the 1977 : Haryana Act 13 1 URBAN DEVELOPMENT AUTIIORITY person by whom the development has been commenced and all his assistants and workmen from the place of development withi11 such rime as may be specified in the requisition, and such police officcr shall comply w-iih tkc - reqnisi tion accordingly.

(3) After the requisition under-sec tiw (2) has been complied with thc Vice-chairman of the Local Development Authority may depute by a written order a police officer or an officer or employee of the Local Development Authority to watch the place in order to ensure that the development is not continued.

(4) Any person failing to comply with an order under sub-section (1) shall be punishable with a fme whichmay extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.

( 5 ) No compensation shall be claimable by any person for any damage whch he may sustain in consequence of the removal of any development under sec tion 87 or the diswntinuance of the development under this section.

(6) The provisions of this scction shall be in addition to and not in - , derogation of, any other provision relating to stoppage of building operations contained in any otber law for the time being in force.

90. Aficr a master plan or sector develgprnerlt plan has come into Confcrmcntof operation under section 78, the Local Development Authority or its Vice other powers Chairman shall exercise such other powers and functions exercisable by the On the Development local authody cunce~med or its ChicfExccutive OAicer, as becase may be.

under the enactment constitutingthat local authority, subject to such exceptions or modifications, as the State Government may by noacation , in the Official Gazctte specify.

Where this provision sits

ActThe Haryana Urban Development Authority Act, 1977 (13 of 1977)
Section88
JurisdictionState of Haryana
StatusIn force as published by the source

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