Section 39 in The Himachal Pradesh Town and Country Planning Act, 1977
39. Power to require removal of unauthorised development.
(1)Where any development has been carried out as indicated in section 38 the Director may, within five years of such development deserve on the owner a notice requiring him, within such period being not less than one month and not exceeding three months as may be specified therein from the date of service of the notice -(a)in cases specified in clause (a) or (c) of section 38 to restore the land to its condition existing before the said development took place;(b)in cases specified in clause (b) or (d) of section 38 to secure compliance with the conditions or with the permission as modified:Provided that where the notice requires the discontinuance of any use of land, it shall be served on the occupier also(2)In particular such notice may, for purpose of sub-section (1), 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 any use of land.(3)Any person aggrieved by such notice may, within fifteen days of the receipt of the notice and in the manner prescribed, apply to the Director for permission for retention on the land of any building or works or for the continuance of any use of the land, to which the notice relates and till the time the application is disposed of, the notice shall stand withdrawn.(4)The foregoing provisions of this chapter shall, so for as may be applicable, apply to an application under sub-section (3)(5)If the permission applied for is granted the notice shall stand withdrawn, but if the permission applied for is not granted the notice, shall stand, or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be; and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) as respects to such other buildings, works or part of the land.(6)If within the period specified in the notice or within the same period after the disposal of the application, the notice or so much of it as stands is not complied with, the Director may,-(a)prosecute the owner for not complying with the notice and whether the notice requires 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)where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations itself, cause the restorations of the land to its condition before the development took place and secure compliance with the condition of the permission or with the permission as modified by taking such steps as the Director may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations, and recover the amount of any expenses incurred by him in this behalf from the owner as arrears of land revenue.(7)Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing offence with further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.
