Section 53 in The Maharashtra Regional and Town Planning Act, 1966
53. Power to require removal of unauthorised development.
(1)Where development of and has been carried out as indicated in sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, [* * * *] [The words 'within seven years of such development' were deleted by Maharashtra 39 of 1994, Section 13.] serve on the owner a notice requiring him, within such period, being not less than 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 clause (a) or (c) of sub-section (1) of section 52, to restore the land to its condition existing before the said development took place,(b)in cases specified in clause (b) or (d) of sub-section (1) of section 52, 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, the Planning Authority shall serve a notice on the occupier also.(2)In particular, such notice may, for purposes 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 of any use of land.(3)Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply for permission under section 44 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 pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.(4)The foregoing provisions of this Chapter shall, so far as may be applicable apply to an application made under sub-section (2).(5)If the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted, the notice shall stand; or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may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 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 under sub-section' (4), the notice or so much of it as stand is not complied with, the planning Authority may-(a)prosecute the owner for not complying with the notice; and where 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 requires 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 compliance with the conditions of the permission or with the permission as modified by taking such steps as the Planning Authority 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 it in this behalf from the owner as arrears of and revenue.(7)Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, [be punished with imprisonment for a term [which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees] [These words were substituted for the words 'be punished with fine which may extend to five thousand rupees' by Maharashtra 31 of 1983, Section 4(b).] for every day during which such offence continues after conviction for the first commission of the offence.(8)[ The Planning Authority shall, by notification in the Official Gazette, designate an officer of the Planning Authority to be the Designated Officer for the purposes of exercise of the powers of the Planning Authority under this section and sections 54, 55 and 56. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.] [Sub-section (8) was inserted by Maharashtra 2 of 2012, Section 30 (w.e.f. 4-8-2012).]
