Section 53 in The Goa, Daman and Diu Town and Country Planning Act, 1974
53. Power to stop unauthorised development.
(1)Where any development or change of use of land is being carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 51, but has not been completed, the Planning and Development Authority may serve on the owner and the person carrying out the development or change a notice requiring such development or change of use of land to be discontinued from the date of service of such notice.(2)Where a notice has been served under sub-section (1) the person aggrieved by such notice may appeal to the Board and the provisions of sub-sections (5) and (6) of section 52 shall apply with such modifications as may be necessary.(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, even after a notice has been served under sub-section (1) shall be punishable with fine which may extend to [one lakh rupees] [Substituted by the Amendment Act 22 of 1997.] 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.(4)If a notice under sub-section (1) is not complied with forthwith, the Planning and Development Authority or such officer of the Authority as may be authorised by it in this behalf may require any police officer to remove such person and all assistants and workmen from the land and such police officer shall comply with such requisition.(5)Where action had been taken by a police officer under sub-section (4), the Planning and Development Authority or the officer referred to in that sub-section shall take necessary steps to ensure that such development is not continued.(6)Any expenses incurred by the Planning and Development Authority under sub-section (4) and sub-section (5) shall be paid by the person 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 an arrear of land revenue.(7)[ An offence under this section shall be cognizable.] [Inserted by the Amendment Act 22 of 1997.]
