Section 43 in Andhra Pradesh Urban Areas (Development) Act, 1975
43. Power to stop unauthorised development.
(1)Where any development in any area has been commenced in contravention of the provisions of Section 13 or without the permission, approval or sanction referred to in that section or in contravention of any condition subject to which such permission, approval or sanction has been granted-(i)in relation to development area, the Authority or any officer of the authority empowered by it in this behalf ;(ii)in relation to any other area specified in sub-section (7) of Section 13 within the local limits of a local authority, the competent authority thereof, may in addition to any prosecution that may be instituted under this Act, 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)If any development in an area specified in sub-section (7) of Section 13 has been commenced in contravention of the Master Plan or zonal development plan or without the permission, approval or sanction referred to in Section 18 or in contravention of any condition subject to which such permission, approval or sanction has been granted and the competent authority has failed to make an order under sub-section (1) or, as the case may be, a requisition under sub-section (2) within the time that may be specified in this behalf by the Director of Town Planning, the Director may, after observing such procedure as may be prescribed, direct any officer to (make the order or requisition as the case may be, and that officer shall be bound to carry out such direction ; and the order or direction made by him in pursuance of the direction shall be complied with accordingly.(4)After the requisition under sub-section (2) or sub- section (3) has been complied with, the Authority or the Competent authority or the officer to whom the direction was issued by the Director under sub-section (3), as the case may be, may depute by a written order a police officer or employee of the Authority or local Authority concerned, to watch the place in order to ensure that the development is not continued.(5)Any person failing to comply with an order under sub-section (1) or, as the case may be, under sub-section (3), shall be punished with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.(6)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 42 or other discontinuance of the development under this section.(7)The provisions of this section shall be in addition to, and not in derogation of any other provision relating to stop- page of building operations contained many other law for the time being in force.
