Section 91 in The Orissa Development Authorities Act, 1982
91. Removal of unauthorised development.
(1)Where any development has been commenced or is being carried on or has been, completed in contravention of the development plan or without the permission, approval or sanction referred to in Section 15 or in contravention of any condition subject to which such permission, approval or sanction has been granted [or any development deemed to be a development undertaken, carried out of completed without a permission as referred to in Section 15 under Clause (b-1) of Sub-section (2) of Section 128] [Inserted vide Orissa Gazette Extraordinary No. 21/85/15.12.1984-Ordinance No. 12 of 1984.] any officer of the Authority empowered by it in this behalf, 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, falling 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 not being less than five days and 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 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 reasonable opportunity to show cause why the order should not be made.(2)Any person aggrieved by an order under Sub-section (1) may appeal to the State Government or an Officer appointed by the State Government in this behalf, against that order within thirty days from the date thereof, and the Government or the Officer, as the case may be, may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order. The decision of the State Government or the Officer shall be final and shall not be questioned in any Court of law.(3)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.[Note [Vide Notification No.7058-T.P.-A. 2584-HUD/15.2.1984-see Orissa Gazette Extraordinary No. 371/14.3.1984.] - In exercise of the powers conferred by Sub-section (2) of Section 91 of the Orissa Development Authority Act, 1982 (Orissa Act 14 of 1982), the State Government do hereby appoint the Secretary to Government, Housing and Urban Development Department as appellate authority to hear and decide appeals against the order of the Development Authority under Sub-section (1) of the said section of the said Act.]
