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State of Rajasthan - Section

Section 169 in Rajasthan Municipalities Act, 2009

169. Power to stop un-authorized development.

(1)Where any development of land as indicated in sub-Section (1) of Section 167 is being carried out but has not been completed, the Municipality may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from the time of the service of the notice, and thereupon, the provisions of sub-Sections (3), (4), (5) and (6) of Section 168 shall, SQ far as may be applicable, apply in relation to such notice, as they apply in relation to notice under Section 168.
(2)Any person, who continues to carry out the development of 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 when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
(3)Notwithstanding anything contained in this Chapter, where any person continues to carry out unauthorized development after receiving a notice under sub-Section (1), the Municipality 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 erection of the building has been continued and all his assistants and workmen from the place of the unauthorized development 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 Municipality may also confiscate such construction materials, tools etc. which such person was using for unauthorized development.
(4)After a requisition order under sub-Section (3) has been complied with, any person or his assistants and workmen subsequently continuing unauthorized development shall, on conviction, be punishable with fine which may extend to five thousand rupees and in case of continuing offence, with a further fine which may extend to two hundred rupees for every day during which such offence continues after the conviction for the first commission of the offence.
(5)No compensation shall be claimed by any person for any damage which he may sustain in consequence of the discontinuation of the unauthorized development under this Act.