Section 89 in Haryana Urban Development Authority Act, 1977
89. Power to stop development.
(1)Where any development in a local development area has been commenced or continued in contravention of the master plan or [sectoral/zonal development plan(s)] [Substituted for the words 'sector development plan' by Haryana Act No. 23 of 2004.] or without the permission, approval or sanction referred to in Section 80 or in contravention of any conditions subject to which such permission, approval or sanction has been granted then, without prejudice to the provisions of Sections 87 and 88, the Vice-Chairman of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] or any officer of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] empowered by him in that behalf, may 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 Vice-Chairman or the said officer of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] 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)After the requisition under sub-section (2) has been complied with the Vice-Chairman of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] may depute by a written order a police officer or an officer or employee of the Local Development [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] to watch the place in order to ensure that the development is not continued.(4)Any person failing to comply with an order under sub-section (1) shall be punishable with a fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.(5)No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under Section 87 or the discontinuance of the development under this section.(6)The provisions of this section shall be in addition to and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force.
