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Section 46: Power to stop unauthorized development or construction in a Special Investment Region

The Rajasthan Special Investment Regions Act, 2016State Act of Rajasthan · Act 13 of 2016

(1) Where any unauthorized development or construction on any land in a Special Investment Region is being carried out but has not been completed, the Regional Development Authority may serve on the owner and the person carrying out the development or construction, a notice requiring the development of land or construction to be discontinued from the time of service of the notice.

(2) Any person, who continues to carry out the unauthorized development or construction on such land, whether for himself or on behalf of the owner or any other person, after such notice has been served, shall, on conviction, be punished with fine which may extend to five thousand rupees and where the unauthorized development or construction continues after the first offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first offence.

(3) Notwithstanding anything contained in this Act, where any person continues to carry out unauthorized development or construction after receiving notice under sub-section (1), the Regional Development Authority or any officer authorized by it in this behalf shall, in addition to any prosecution or other proceedings or action that may be initiated under this Act, have the power to require any police officer to remove the person by whom the unauthorized development or construction has been continued along with all his assistants and workmen from the place of unauthorized development or construction within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. In addition to such removal of persons, the Regional Development Authority or the authorized officer of the Regional Development Authority may confiscate such construction material including the equipments, tools, vehicles, etc. which such person was using for the unauthorized development or construction.

(4) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the discontinuation of the unauthorized development or construction under this Act.

Where this provision sits

ActThe Rajasthan Special Investment Regions Act, 2016
Section46
Marginal notePower to stop unauthorized development or construction in a Special Investment Region
JurisdictionState of Rajasthan
StatusIn force as published by the source

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