Section 47 in The Himachal Pradesh Housing and Urban Development Authority Act, 2004
47. Power to stop construction.
(1)Where any encroachment on Authority's land is made, erection of any building or execution of any work has been commenced or is being carried on (but has not been completed), without or contrary to the sanctioned building plan or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Chief Executive Officer or any other officer authorized by him in addition to any other action that may be taken under this Act, by order, require the person at whose instance erection of the building or the work has been commenced or is being carried on, to stop the same forthwith.(2)If an order made under sub-section(1) is not complied with, the Chief Executive Officer or any other officer authorized by him may require any police officer to remove such person and all his assistants and workmen from the premises within such time, as may be specified in the requisition, and such police officer shall comply with the requisition accordingly.(3)After the requisition under sub-section (2) has been complied with, the Chief Executive Officer or any other officer authorized by him may, if he thinks fit, deploy by written order, a police officer or officer or other employee of the Authority, to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued and the cost of such deployment shall be paid by the person at whose instance such erection or execution is continued or against whom an order under sub-section (1) is made.(4)Where the owner of the building submits the revised plan, after the work has been stopped by him or the work is completed by him and the deviations from the sanctioned plan are minor in nature, the Chief Executive Officer may, subject to the special or general directions of the State Government, compound the cases of deviations on payment of such sum, as may be prescribed.Explanation: - For the purpose of sub-section (4), the expression "minor in nature" in relation to deviations shall not include,-(a)addition of a storey beyond the sanctioned plan; and(b)erection of a building,-(i)on any land vested in the Authority; or(ii)by covering any public road, street, path or drain.(5)Notwithstanding anything to the contrary contained in this Act, the Authority may, after affording a reasonable opportunity of being heard, refuse or withdraw the civic amenities including water and sewerage connection, if the owner of the building make deviation from the sanctioned plan by addition of a storey beyond the sanctioned plan, erection of a building on any land vested in the Authority, or by covering any public road, street, path or drain.
