Section 52 in West Bengal Town and Country (Planning and Development) Act, 1979
52. Penalty for unauthorised development or for use otherwise than in conformity with the [Land Use and Development Control Plan.] [Substituted by Section 8(a),ibid for Development Plan.].
(1)Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out development, or changes use of any land of building, -(a)in contravention of any [Land Use and Development Control Plan] [Substituted by Section 8(b) ibid for development plan.];(b)without obtaining a certificate regarding development charge under clause (a) of section 45;(c)without permission as required under this Act;(d)in contravention of any condition subject to which such permission has been granted;(e)after the permission for development has been revoked under section 51; or(f)in contravention of the permission which has been modified under section 51;shall be punishable with simple imprisonment for a term which may extend to six months or with fine which may extend to five .thousand rupees or with both, and in the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which the offence continues.(2)Any person who continues to use or allows the use of any land or building in contravention of the provisions of a '[Land Use and Development Control Plan] without having been allowed under section 44 or where the continuance of such use has been allowed under that section, continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable with simple imprisonment for a term which may extend to six months or with a fine which may extend to two thousand rupees or with both, and in the case of a continuing offence with a further fine which may extend to two hundred and fifty rupees for every day during which such offence continues.
