Section 38 in The Bihar (Coal Mining) Area Development Authority Act, 1986
38. Power to stop unauthorised development.
(1)Where any development of land as described in section 36 is being carried out but has not been completed the Authority 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 to the service of such notice.(2)Where such notice has been served the provisions of clause (b) to subsections (4) and (5) of section 37 shall apply with such modifications as may be necessary:Provided that provisions of clause (a) of sub-section (4) of section 37 shall not apply and in spite of the filing of an application for permission for development of an appeal as provided in sub-section (3) of section 37, the notice shall continue to have full effect.(3)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 be punishable with simple imprisonment for a term which may extend to six months, or with a fine which may extend to ten thousand rupees, or with both and, when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for everyday after the date of the service of the notice during which the non-compliance has continued or continues.(4)If such notice is not complied with forthwith, the Authority, or such officer of the Authority, who may be authorised in this behalf, may require any police officer to remove such person and all assistants and workmen from the land at any time after the service of such notice and such police officer shall comply with the requisition accordingly.(5)After the requisition under sub-section (4) has been complied with, the Authority or such officer of the Authority who may be authorised in this behalf, may, if he thinks fit, depute, by a written order, police officer or any officer or employee of the Authority to watch the land in order to ensure that the development is not continued.(6)Where a police officer or an officer or employee of the Authority has been deputed under sub-section (5) to watch the land, the cost of such deputation shall be paid by the persons at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as arrears of land revenue.
