Section 52 in The Orissa Development Authorities Act, 1982
52. Power to enforce town planning scheme.
- On and after the date on which the preliminary town planning scheme comes into force, the Authority shall after giving the notice prescribed under rules and in accordance with the provisions of the town planning scheme-(a)remove, pull down, or alter any building or other work in the area included in the town planning scheme which is such as contravenes the town planning scheme or in the erection or carrying out of which any provision of the town planning scheme has not been complied with;(b)execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the Authority that delay in the execution of the work would prejudice the efficient operation of the town planning scheme.(2)Any expenses incurred by the Authority under this section shall be recovered from the person in default or from the owner of the plot in the manner provided for the recovery of sums due to the Authority under the provisions of this Act.(3)If any question arises as to whether any building or work contravenes a town planning scheme or whether any provision of a town planning scheme is not complied with in the erection or carrying out of any such building or work, it shall be referred to the State Government and the decision of the State Government shall be final and binding on all persons.(4)No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the Authority under the provision for this section except in respect of the building or work begun before the date referred to in Sub-section (1) and only in so far as such building or work has proceeded until that date :Provided that any claim to compensation, which is not barred by this sub-section shall be subject to the condition of any agreement entered into between the claimant and the Authority.(5)The provisions of this section shall not apply to any operational construction undertaken by the Central Government or a State Government.
