Section 56 in Tamil Nadu Town and Country Planning Act, 1971
56. Power to require removal of unauthorised development.
(1)Where any development of land or building has been carried out-(a)without permission required under this Act; or(b)in contravention of any permission granted or of any condition subject to which permission has been granted; or(c)after the permission for development of land or building has been duly revoked; or(d)in contravention of any permission which has been duly modified, the appropriate planning authority may, within [***] [The words 'within three years of such development' was deleted by Act No.61 of 2008 w.e.f.10/12/2008.] serve on the owner, a notice requiring him within such period, being not less than one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice-(i)in cases specified in clause (a) or (c) above, to restore the land to its condition before the said development took place;(ii)in cases specified in clause (b) or (d) above, to secure compliance with the permission or with the conditions of the permission, as the case may be.(2)In particular, any such notice may, for the purposes aforesaid, require -(i)the demolition or alteration of any building or works;(ii)the carrying out on land, of any building or other operations;(iii)the discontinuance of any use of land or building:Provided that, in case the notice requires the discontinuance of any use of land or building, the appropriate planning authority shall serve a notice on the occupier also.[(2-A) If the owner or occupier, as the case may be, of land or building has not discontinued, the use of such land or building as required in the notice served under subsection (1), within the time specified therein, the appropriate planning authority if primafacie satisfied, may take action to discontinue the use of such land or building by looking and sealing the premises in such manner as may be prescribed irrespective of pendency of any application under section 49 or appeal under section 79 or any litigation before a court. The owner or occupier, as the case may be, of such land or building shall provide security for such sealed premises.] [section (2-A) inserted by Act No.61 of 2008 w.e.f.10.12.2008.](3)Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply for permission under section 49 for the retention of the land, or any buildings or works or for the continuance of any use of the land or building to which the notice relates.(4)(a)The notice [except the cases covered by clause (iii) of sub-section (2)] [The words 'except the cases covered by clause (iii) of sub-section (2) was inserted by Act No.61 of 2008 w.e.f.10.12.2008.] shall not be of any effect pending the final determination or withdrawal of the application.(b)(i)The foregoing provisions of this Chapter shall so far as may be, apply to an application made under sub-section (3).(ii)If such permission applied for is granted on that application, the notice shall not take effect, or if such permission applied for is not granted, the notice shall have full effect, 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 or building, the notice shall not take effect regarding such buildings or works or such part of the land or building, but shall have full effect regarding other buildings or works or other parts of the land or building, as the case may be.(5)If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission, the notice or so much of it as continues to have effect, is not complied with, the appropriate planning authority may-(a)prosecute the owner for not complying with the notice; and in case where the notice requires the discontinuance of any use of land or building, any other person, who uses the land or building or causes or permits the land or buildings to be used in contravention of the notice; and(b)(i)in the case 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 the compliance with the conditions of the permission or with the permission as modified by taking such steps as the appropriate planning authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations; and(ii)the appropriate planning authority concerned may recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
