(1) Where any development has been commenced or is being carried on or has been completed in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in section 13 or in contravention or any condition subject to which such permission, approval or sanction has been granted—
(i) in relation to a development area, any officer of the Authority empowered by it in this behalf;
(ii) in relation to any other area within the local limits of a local authority, the competent authority thereof may in addition to any prosecution that may be instituted under this Act, make an order directing that such development shall be removed by demolition, felling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period being not less than five days and not more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person as may be specified in the order; and on his failure to comply with the order, the officer of the Authority or, as Order of demolition of building.
[Act No.1 of 1975] 51 the case may be, the competent authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue:
Provided that no such order shall be 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) If any development in an area specified in subsection (7) of section 13 has been commenced or is being carried on or has been completed in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in section 13 or in contravention of any condition subject to which permission, approval or sanction has been granted and the competent authority has failed to remove or cause to be removed the development within the time that may be specified in this behalf by the Director of Town Planning, the Director may, after observing such procedure as may be prescribed, direct any officer to remove or cause to be removed such development and that officer shall be bound to carry out such direction and any expenses of such removal may be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue.
(3) Any person aggrieved by an order under subsection (1) may appeal to the 55[Vice-Chairman] of the Authority against that order within thirty days from the date
55. Substituted by Act No.7 of 1984.
52 [Act No. 1 of 1975] thereof; and the 56[Vice-Chairman] may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order:
Provided that where the original order is passed by the 56[Vice-Chairman] himself the appeal shall lie to the Authority.
(4) Any person aggrieved by the direction of the Director under sub-section (2) may appeal to the Government within thirty days from the date thereof; and the Government may, after giving an opportunity of hearing person aggrieved, either allow or dismiss the appeal or may reverse or vary any part of the direction.
(5) The decision of the 56[Vice-Chairman] or the Authority or the Government and subject to any decision, on appeal the order under sub-section (1) or, as the case may be, the direction under sub-section (2), shall be final and shall not be questioned in any court of law.
(6) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to demolition of buildings contained in any other law for the time being in force.
(7) In this section, and in section 43, ‗Competent Authority‘ in relation to a local authority means any authority or officer of that local authority empowered or authorised to order demolition of buildings or stoppage of building operations contained in any other law for the time being in force.
56. Substituted by Act No.7 of 1984.
[Act No.1 of 1975] 53