Section 26 in The Jammu and Kashmir Development Act, 1970
26. Power to stop developmental.
- Where any development in any area has been commenced in contravention of a zonal plan, or without the permission, referred to in section 13 or in contravention of any conditions subject to which permission has been granted, the Authority or any officer of the Authority empowered by it in this behalf may, in addition to any prosecution that may be instituted under this Act and without prejudice to the provisions of section 25, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.(2)Where such development is not discontinued in pursuance of the order under sub-section (1), the Authority or the officer of the Authority or the competent authority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development, within such time as may be specified in the requisition, and such police officer shall comply with the requisition accordingly.(3)After the requisition under sub-section (2) has been complied with, the Authority or the officer of the Authority, as the case may be, may depute by a written order a place in order to ensure that the development is not continued.(4)Any person failing to comply with an order under sub-section (1) shall be punishable with fine which may extend to two hundred rupees for everyday during which the non-compliance continues after the service of the order.(5)No compensation shall be claimed by any person for any damage which he may sustain in consequence of the removal of any development under section 25 or the discontinuance of the development under this section.
