Section 38 in Arunachal Pradesh Urban and Country Planning Act, 2007
38. Power to require removal of authorized development of use.
(1)If it appears to a Local Planning Authority that it is expedient in the interest of proper planning of its areas (including the interests of amenities) having regard to the Development Plan prepared or under preparation, or to be prepared, and to any other material consideration -(a)that any use of land should be discontinued ; or(b)that any conditions should be imposed on the continuance thereof; or(c)that any buildings or works should be altered or removed the Local Planning Authority may, by notice served on the owner, -(i)require the discontinuance of that use; or(ii)impose such conditions, as may be specified in the notice on the continuance thereof; or(iii)require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice,(2)Any person aggrieved by such notice may within the said period and in the manner prescribed, appeal to the Board / Authority.(3)If an appeal is filed under the last foregoing sub-section the provisions of clause (a) of sub-section (3) and sub-section (4) and (5) of Section 36 shall apply with such modifications as may be necessary.(4)If any person -(i)who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled to or by being disturbed in his enjoyment of the land or(ii)who has carried out any works in compliance with the notice claims from the Local Planning Authority, within the time and in the manner prescribed compensation in respect of that damage or of any expenses reasonably incurred Levy of development charge by him for complying with the notice the provisions of sub-sections (3) to (5) of section 33 shall apply with such modifications as may be necessary.(5)(a)if any person interested in the land in respect of which a notice is issued under this section claims that by the reason of the compliance with the notice the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any filed under sub-section (2) and in the manner prescribed, serve on the State Government, and acquiring his interest in the land to be acquired.(b)When a notice is served under the last foregoing sub-section the provisions of sub-sections (2) to (5) of section 32 shall apply with such modifications as may be necessary.Chapter-VIII Levy, Assessment and Recovery of Development Charge.
