(1) Where any development of land has been
carried out as indicated in sub-section (1) of section 167, the
Municipality may, subject to the provisions of this section, serve
on the owner a notice requiring him, within such period being not
exceeding one month, as may be specified therein after the service
of the notice, to take such steps as may be specified in the notice-
(a) in cases specified in clause (a) or (c) of sub-section
(1) of section 167 to restore the land to its condition
existing before the said development took place; and
(b) in cases specified in clause (b) or (d) of sub-section
(1) of section 167 to secure compliance with the
conditions or with the permission as modified:
Provided that, where the notice requires the discontinuance
of any use of land the Municipality shall serve a notice on the
occupier also.
(2) In particular, such notice may, for purposes of subsection (1), require-
(a) the demolition or alteration of any building or works;(b) the carrying out on land of any building or other
operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the
period specified in the notice and in the manner determined by
bye-laws, apply for permission under the provisions of this Act for
retention on the land, of any building or works or for the
continuance of any use of the land, to which the notice relates and
pending the final determination or withdrawal of the application,
the mere notice itself shall not affect the retention of buildings or
works or the continuance of such use.
(4) If the permission applied for is granted, the notice shall
stand withdrawn; but if the permission applied for is not granted,
the notice shall stand; or if such permission is granted for the
retention only of some buildings or works, or for the continuance
of use of only a part of the land, the notice shall stand withdrawn
as respects such buildings or works or such part of the land, but
shall stand as respects other buildings or works or other parts of the
land, as the case may be; and thereupon the owner shall be
required to take steps specified in the notice under sub-section (1)
as respects such other buildings, works or part of the land.
(5) If within the period specified in the notice or within the
same period after the disposal of the application under sub-section
(4), the notice or so much of it as stands is not complied with, the
Municipality may-
(a) prosecute the owner for not complying with the
notice and where the notice requires the
discontinuance of any use of land, any other
person also who uses the land or causes or
permits the land to be used in contravention of
the notice; and(b) where the notice requires the demolition or
alteration of any building or works or carrying
out of any building or other operations, itself
cause the restoration of the land to its condition
before the development took place and secure
compliance with the conditions of the
permission or with the permission as modified
by taking such steps as the Municipality may
consider necessary including demolition or
alteration of any building or works or carrying
out of any building or other operation; and
recover the amount of any expenses incurred by
it in this behalf from the owner as arrears of
land revenue.
(6) Any person prosecuted under clause (a) of sub-section
(5) shall, on conviction, be punished with fine which may extend
to five thousand rupees, and in the case of a continuing offence,
with a further fine which may extend to two hundred rupees for
every day during which such offence continues after conviction for
the first commission of the offence.
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