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State of Puducherry - Section

Section 45 in Puducherry Town and Country Planning Act, 1969

45. Power to stop unauthorised development.

(1)Where any development of land as described in section 43 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time of the service of such notice.
(2)Where such notice has been served the provisions of sub-sections (2), (4) and (5)of section 44 shall apply, with such modifications as may be necessary:Provided that the provisions of sub-section (3) (i) of section 44 shall not apply and in spite of the filing of an application for permission for development or an appeal as provided in sub-section (2) of section 44 the notice shall continue to have full effect.
(3)Any person, who continues to carry out the development of land, whether himself or on behalf of the owner or any other person, after such notice has been served shall be punishable with a fine which may extend to ten thousand rupees and when the non-compliance is a continuing one, with a further fine which may extend to five hundred rupees for everyday after the date of the service of the notice during which the non-compliance has continued or continues.
(4)If such notice is not complied forthwith, the Planning Authority or such officer of the Planning Authority who may be authorised in this behalf may require any police officer to remove such person and all assistants and workmen from the land at anytime after the service of such notice and such police officer shall comply with the requisition accordingly.
(5)After the requisition under sub-section (4) has been complied with, the Planning Authority or such officer of the Planning Authority who may be authorised in this behalf may, if he thinks fit, depute, by a written order, a police officer or any officer or employee of the Planning Authority to watch the land in order to ensure that the development is not continued.
(6)Where a police officer or an officer or employee of the Planning Authority has been deputed under sub-section (5) to watch the land, the cost of such deputation 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 persons as arrears of land revenue.