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State of Sikkim - Section

Section 53 in Sikkim Urban and Regional Planning and Development Act, 1998

53. Removal or discontinuance of unauthorized temporary development summarily.

(1)Notwithstanding anything contained in this Chapter, hereinbefore, where any person has carried out any development of a temporary nature unauthorizedly as indicated in sub-section (1) of section 50, the Authority may be an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorizedly as aforesaid, within fifteen days of the receipt of the order, and it thereafter, the person does not comply with the order within the said period, the Authority may request the District Magistrate or the Commissioner of the Police, or the Superintendent of Police, as the case may be, or authorize any of its officers or savants, to have such work summarily removed or such use summarily discontinued without any notice as directed in the order; and any development unauthorizedly made again, shall be summarily removed or discontinued without making any order as aforesaid.
(2)The decision of the Authority on the question of what is development of a temporary nature shall be final.
(3)The Authority may recover the cost of any expenses incurred by it in this regard from the owner as arrears of land revenue.