Section 37 in The Bihar (Coal Mining) Area Development Authority Act, 1986
37. Power to require removal of unauthorised development.
(1)Where any development of land has been or is being carried out as described in section 36, the Authority shall serve on the owner a notice requiring him, within such period, not exceeding one month, as may be specified therein, after the service of the notice to take such steps as may be specified in the notice-(a)in cases specified in clauses (a), (c) and (e) of section 36 to restore the land to its condition before the said development took place;(b)in cases specified in clauses (d) and (f) of section 36 to secure compliance with the conditions or with the permission as modified;(c)in case specified in clause (b) to pay the development charge and such penalty, if any, as may be prescribed by the rules.(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 land:Provided that in case the notice requires the discontinuance of any use of land, the Authority shall serve a notice on the occupier also.(3)Any person aggrieved by such notice may, within the said period and in the manner prescribed-(a)apply for permission under section 30 of this Act for the retention of the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or(b)appeal to the prescribed Authority.(4)(a)The notice shall be of no effect pending the final determination or withdrawal of the application or the appeal.(b)(i)The provisions of the foregoing sections 30, 31 and 32 apply in such applications with such modifications as may be necessary.(ii)If such permission as aforesaid is granted on that application, 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 building or works or such part of the land, but shall have full effect regarding other buildings or works or other parts of the land.(5)The prescribed Authority may dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit.(6)If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under subsection (3) the notice or so much of it as continues to have effect or the notice with variation made in appeal is not complied with, the Authority may-(a)prosecute the owner for not complying with the notice and in case where the notice required the 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 operation 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 Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations;(ii)the 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) to sub-section (6) shall be punishable with simple imprisonment for a term which may extend to one year or with a fine which may extend to ten 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 everyday during which such offence continues after conviction for the first commission of the offence.
