Section 34 in Tripura Town and Country Planning Act, 1975
34. Power to require removal of un-authorised development.
(1)Where any development of land has been carried out as described in S. 33, the Planning Authority may, within four years of such development, serve on the owner a notice requiring him, within such period being not less than one month, a& 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 Cls. (a), (c) or (e) thereof to restore the land to its condition before the said development took place;(b)in cases specified in Cl. (d) or (f) thereof to secure compliance with the conditions or with the permission as modified;(c)in cases specified in Cl. (b) to pay the development charge and such penalty, if any, as may be prescribed by the rules, and in particular, any such notice may, for the purpose aforesaid require-(i)the demolition or alteration of any buildings or works;(ii)the carrying out on land, of any building or other operation; or(iii)the discontinuance of any use of land :Provided that in the case the notice required the discontinuance of any use of land, the Planning Authority shall serve a notice on the occupier also.(2)Any person aggrieved by such notice may, within the said period and in the manner prescribed-(a)apply for permission under S. 29 of this Act for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or(b)appeal to the Board.(3)(a)The notice shall be of no effect pending the final determination or withdrawal of the application or the appeal.(b)(i)The provisions of Ss. 29 and 30 shall apply mutatis mutandis to such an application.(ii)If such permission as aforesaid is granted on that 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 shall have full effect regarding other buildings or works or other parts of the land.(4)On an appeal made to the Board under sub-section (2) the Chief Town Planner or any other person or committee appointed by the Board in this behalf shall, after allowing a reasonable opportunity of being heard to the appellant and the Planning Authority concerned, submit a report to the Board.(5)After considering the aforesaid report, the Board may dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.(6)If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub-section (2) the notice or so much of it as continues to have effect, or the notice with variation made in appeal, is not complied with, the Planning Authority may-(a)prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance of the 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)(i)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, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of 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(ii)recover the cost of any expenses incurred by Planning Authority in this behalf from the owner as arrears of land revenue.(7)Any person prosecuted under Cl. (a) of sub-section (6) shall be punishable with a fine which may extend to ten thousand rupees, and in the case of a continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
