Section 34 in Karnataka Industrial Areas Development Act, 1966
34. Penalty for construction or use of land and buildings contrary to terms of holding.
(1)Any person who undertakes or carries out construction of or alterations to any building in an industrial area or industrial estate contrary to the terms under which he holds such building or land under this Act shall, on conviction, be punished with fine which may extend to five thousand rupees.(2)Any person who uses any land or building in an industrial area or industrial estate contrary to the terms under which he holds such land or building under this Act or in contravention of the provisions of any regulations made in this behalf shall, on conviction, be punished with fine which may extend to three thousand rupees.[34A. Demolition or alteration of unauthorised construction or alteration. - (1) If any person constructs or alters any building or commences or carries on such construction or alteration in contravention of the Act or rules made thereunder or of any regulation or condition subject to which permission has been given for such construction or alteration, the Executive Member may, whether or not the offender be prosecuted under this Act, by notice,-(a)require the offender to show sufficient cause by a written statement signed by him and sent to the Executive Member on or before such date as may be specified in the notice why such construction or alteration should not be demolished or altered ; or(b)require the offender to appear before the Executive Member either personally or by a duly authorised agent on such date and at such time and place as may be specified in the notice and show cause as aforesaid.(2)If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Executive Member why the construction or alteration should not be so demolished or altered, the Executive Member may pass an order directing such demolition or alteration by such period not exceeding two months as may be specified in the order.(3)If the person against whom an order for demolition or alteration is made under sub-section (2) fails to comply with the said order, the Executive Member may cause such demolition or alteration to be made and may order that the expenses incurred therefor shall be recoverable from the person concerned as arrears of land revenue.(4)No order to recover the expenses incurred for demolition or alteration as arrears of land revenue shall be passed under sub-section (3) unless the person concerned is required by notice to show cause why the expenses should not be so recovered and is given an opportunity of being heard.(5)Any person aggrieved by an order under sub-section (2) may within thirty days of the said order appeal to the Board, which, after hearing the parties to the appeal may either allow or dismiss the appeal or vary any part of the said order.(6)Any person aggrieved by the order passed under sub-section (3), may institute a suit within three months of the said order, as regards the quantum of the amount ordered to be recovered as expenses. The time required for obtaining the copy of the order shall be excluded while computing the said period of three months.(7)No Court shall entertain such suit unless the plaintiff has produced a receipt for having paid or deposited the entire amount to be recovered according to the order passed under sub-section (3). Subject to the result of the suit the order passed under sub-section (3) shall be final.(8)A copy of the order under sub-section (3) or a copy of the judgement or both, as the case may be, shall be forwarded to the Deputy Commissioner having jurisdiction, who shall thereupon proceed to recover the amount from the person concerned as if it were an arrears of land revenue.] [Section 34A inserted by Act 27 of 1978 w.e.f. 18.10.1978][34B. Resumption of the possession of premises including the residential tenements on breach of terms and conditions of lease or holding without authority. - (1) Where the Board is of the opinion that an allottee of any premises or part thereof or residential tenement in an industrial area or industrial estate has violated any of the terms or conditions of allotment or holds it without any authority it may, without prejudice to section 25 give notice to such allottee and Banks or Financial Institutions, in whose favour the Board has permitted the mortgage or leasehold rights of the premises, or residential tenement specifying the breaches of the terms and conditions of the allotment calling upon the allottee to remedy such breaches within a time stipulated in the notice.(2)If the allottee fails to remedy the breaches within the time so stipulated, the Board shall serve a notice upon the allottee under intimation to such Bank or Financial Institutions to show cause within thirty days from the date of service of notice, why the possession of the premises or part thereof or residential tenement should not be resumed.(3)After considering the cause, if any, shown by the allottee and after giving him an opportunity of being heard, the Board may pass such orders, as it deems fit.(4)Where the Board passes an order under sub-section (3), for resuming possession of the premises or part thereof or residential tenement in the industrial area it may, by notice in writing, order any allottee to surrender and deliver possession thereof to the Board or any person duly authorised in this behalf within the date specified in the notice.(5)If any allottee refuses to surrender or deliver the possession of the premises or part thereof or residential tenement within the time specified in the notice, the Board or any officer authorised by it in this behalf may resume the possession of the premises or part thereof or residential tenement free from all encumbrances and for that purpose may use force as may be necessary.] [Section 34B inserted by Act 19 of 2000 w.e.f. 25.5.2000]
