Section 53 in West Bengal Town and Country (Planning and Development) Act, 1979
53. Notice regarding unauthorised development or use otherwise than in conformity with the [Land Use and Development Control Plan.] [Substituted by Section 9 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Bengal Act 26 of 1994) for Development Plan.].
(1)Where any development of land has been or is being carried out as mentioned in section 52, the Planning Authority or the Development Authority shall serve on the owner a notice requiring him, within a period of one month after the service of the notice, to take such steps as may be specified in the notice, which shall be -(a)in cases specified in clauses (a), (c) or (e) of sub-section (1) of section 52 to restore the land to its condition before the said development took place;(b)in a case specified in clause (b) of sub-section (1) of section 52 to pay the development charge and such penalty, if any, as may be prescribed;(c)in cases specified in clauses (d) or (f) of sub-section (1) of section 52 to secure compliance with the conditions or with the permission as modified.(2)In particular, any such notice may, for the purpose aforesaid, require -(a)the demolition or alteration of any building or works;(b)the carrying out on land, of any building or other operations; or(c)the discontinuance of any use of and :Provided that in case the notice relates to the discontinuance of any use of land, the Planning Authority or the Development Authority shall serve a notice on the occupier also.(3)Any person aggrieved by such notice may, within the period specified in the notice -(a)apply for permission under section 46 for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or(b)apply to the concerned authority for reconsideration and withdrawal of the notice.(4)(a)The notice shall be of no effect pending the final determination or withdrawal of the application.(b)(i)The provisions of sections 45, 46 and 47 shall apply to such application with such modifications as may be necessary.(ii)If permission is granted on an application made under clause (a) of sub-section (3), the notice shall not take effect, or if such permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land, the notice shall not take effect regarding such buildings or works or such part of the lard, but shall have full effect regarding other buildings or works or other parts of the land.(5)The authority or any officer of the authority, appointed in this behalf, may dismiss the application or accept it by quashing or varying the notice as he may think fit.(6)If within the period specified in the notice or within such period after the disposal or withdrawal of the application under sub-section (3), the notice or so much of it as continues to have effect, or the notice with variation made under sub-section (5) is not complied with, the Planning Authority or the Development Authority may -(a)prosecute the owner for not complying with the notice and in case where the notice required discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and .(b)(i)in the case of a notice requiring the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the Planning Authority or the Development Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations;(ii)the Planning Authority or the Development Authority may recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue,(7)Any person prosecuted under clause (a) of sub-section (6) 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 rupees for every day during which such offence continues.
