(1) Notwithstanding anything contained in this Chapter, hereinbefore, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 50, the Authority may by an an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order;
and if thereafter, the person does not comply with the order within the said period, the . Authority may request the District Magistrate orthe Commissioner of the Police, or the Superintendent of Police, as the case may be, or authorise any of its officers or sevants, to have such work summarily removed or such use summarily discontinued without any notice as directed in the order: and any development unauthorisedly made again, shall be summarily removed or discontinued without making any order as aforesaid. . .
(2) The decision of the Authority on the question of what is development of a temporary nature shall be finai.
(3) The Authority may recover the cost of any expenses incurred by it in this regard from the owner as arrears of land revenue.
54. ,(1) If it appears to the Authority that it is expedient in the interest of the proper planning, of its areas (including the interests of amenities), having regard to the perspective plan of the development area or its development plan prepared, and to any other material consideration;
30 or use of land.
Interim provision pending preparation of plan.
Over-riding effect of this Act.
(a) that any use of land should be discountinued; or
(b) that any conditions should be imposed on the continuance therof; 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 authority as may be prescribed.
(3) If an appeal is filed under sub-section (2), the provisions of clause (a) of subsection (3) and sub-section (4) of section 51 shall apply, with such modifications as may be necessary.
(4) If any person :-
(a) has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or
(b) has carried out any work in compliance with the notice, and claims from the authority within the time and in the manner prescribed, compensation in respectof that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (2) and (3) of section 49 shall apply with such modifications as may be necessary.
(5) If any person interested in the land in respect of which a notice is issued under this section, claims that by reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under SUb-section (2) and in the manner prescribed, serve on the Government, an acquisition notice requiring his interest in the land to be acquired.
(6) When a notice is served under sub-section (5), the provisions of subsection (2) to (5) of section 48 shall apply with such modifications as may be necessary.
55. Where the Authority in exercise of its functions and powers with respect to any area under it. is required to have regard to the provisions of a plan before such plan has become operative, the Authority shall have regard to the provisions which in its opinion will be required to be included for securing the proper planning of the concerned area.
56. NotWithstanding anything contained in the Sikkim Municipalities Act, 1995 or any other law relating to municipalities and municipal corporations contrary to the provlslons contained in this Act, the provisions of this Act shall have an over-riding effect over all such laws.
CHAPTER - VIII DEVELOPMENT SCHEMES Power of the 57. (1) Subject to the provisions of this Act and rules and regulations maae 31 Authority to engage consultants.
Publication of the developmentscheme and its approval.
thereunder, the Authority may undertake development in any area under its jurisdiction by framing and executing development schemes.
(2) Notwithstanding anything contained in sub-section(1), it shall be lawful for the Authority to undertake development in any area outside its jurisdiction for the purpose of providing amenities and utilities which are wholly or partly beneficial to the residents of the area under its jurisdiction.