Section 55 in West Bengal Town and Country (Planning and Development) Act, 1979
55. Power to require removal of unauthorised development or use.
(1)If it appears to the Planning Authority or the Development Authority that it is expedient in the interest of the proper planning of its arrears (including the interest or amenities), having regard to the [Land Use and Development Control Plan] [Substituted by Section 10 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Bengal Act 26 of 1994) for development plan.] prepared, or under preparation, or to be prepared, and to any other material consideration -(a)that any use of land should be discontinued; or(b)that any conditions should be imposed on the continuance thereof; or(c)that any building or works should be altered or removed, the Planning Authority or the Development Authority may, by notice served on the owner, -(i)require the discontinuance of that use; or(ii)impose such conditions, as may be specified in the notice, on the continuance thereof; or(iii)require such steps, as may be specified in the notice, to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.(2)Any person aggrieved by such notice may, within the period specified in the notice, apply to the authority for the cancellation of the notice.(3)If an application is filed under sub-section (2), the provisions of sub-sections (4) and (5) of section 53 shall apply, with such modifications as may be necessary.(4)If any person -(a)who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or(b)who has carried out any works in compliance with the notice, claims, from the Planning Authority or the Development Authority within the time and in the manner prescribed, for an amount in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (3) and (4) of section 50 shall apply with such modifications as may be necessary.(5)(a)If any person interested in the land in respect of which a notice is issued under this section, claims that by reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on the State Government, an acquisition notice requiring his interest in the land to be acquired.(b)When a notice is served under clause (a), the provisions of sub-sections (2) to (5) of section 49 shall apply with such modifications as may be necessary.
