Section 39 in The Bihar (Coal Mining) Area Development Authority Act, 1986
39. Power to require removal of authorised development or use.
(1)If it appears to the Authority that it is expedient in the 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 condition should be imposed on the continuance thereof; or(c)that any building or works should be altered or removed;the 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 building or works within a period 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 prescribed authority.(3)If an appeal is filed under the last fore going sub-section the provisions of clause (a) of sub-section (4) and sub-section (5) of section 37 shall apply with such modifications as may be necessary.(4)If any person-(a)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 or by being disturbed in his enjoyment of the land; or(b)who has carried out any work in compliance with the notice, claims from the Authority, within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (3) to (5) of section 34 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 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 Government an acquisition notice requiring 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 33 shall apply with such modifications as may be necessary.
