Section 68 in Kerala Town and Country Planning Act, 2016
68. Power to require stoppage or removal of unauthorised development, imposition of penalty etc.
(1)Where any development or change of use of any land or building has been or is being earned out,-(a)in contravention of any Master Plan or Detailed Town Planning Scheme under this Act; or(b)without permission as required under this Act; or(c)without obtaining a certificate regarding payment of development charges under this Act; or(d)in contravention of any permission or condition subject to which such permission has been granted; or(e)after the permission for development has been revoked under this Act; or(f)in contravention of the permission which has been modified under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, shall serve on the owner a notice requiring to stop the development or change of use of land with immediate effect, and also requiring within such period not exceeding one month, after the service of the notice, to take such steps as may be specified in the notice,-(i)to restore the land to its condition before the said development look place, in cases specified in clauses (a), (b) or (e);(ii)to secure compliance with the permission or conditions or with the permission as modified, in cases specified in clause (d) or (f); or(iii)to pay the development charges and such penalty, if any. as may be prescribed, in cases specified in clause (c).(2)In particular, any such notice may, for the 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 of any use of land;Provided that in case the notice required the discontinuance of any use of the land, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall serve a notice on the occupier also.(3)Any person aggrieved by any such notice may, within the period specified in the notice, apply for permission, as provided under section 65 with such modifications as may be required, for the retention on the land of any building or work, or for the continuance of any use of land, to which the notice is related:Provided that no development or change of use of land shall be continued until final determination of such application and further procedure as per the notice shall not be effected till then.(4)The provisions of section 65 shall apply to such application with such modifications as may be required.(5)If permission is granted on such 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 buildings or works or such part of the land, but the notice shall have full effect regarding other buildings or works or other parts of the land.(6)If within the period specified in the notice or within such period after the disposal of the application for permission, the notice or so much of it that continues to have effect, is not complied with, the Municipal Corporation. Municipal Council. Town Panchayat or Village Panchayat concerned may,-(a)take steps to prosecute the owner, for not complying with the notice and in case where the notice required the discontinuance of any use of land, prosecute the owner, occupier or any other person who uses the land or causes or permits the land to be used in contravention of the notice;(b)cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission, in the case of a notice requiring the demolition or alteration of any building or works or carrying out of any building or other operations, by taking such steps as the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations; or(c)require any police officer to remove such person and all his workmen from the land at any time after the service of such notice and such police officer shall comply with the same; or(d)cause to ensure that the development or change of use of land is not continued and to seal the unauthorised development, if deemed necessary; or(e)recover the cost of any expense incurred by it in this regard from the owner as arrears of land revenue.(7)Any person prosecuted under clause (a) of sub-section (6) shall on conviction be punishable with simple imprisonment for a term which may extend up to three years or with a fine which may extend up to ten thousand rupees, or with both and in the case of a continuing offence, with a further fine which may extend up to five hundred rupees per day during which such offence continues after first conviction.
