Section 54 in Sikkim Urban and Regional Planning and Development Act, 1998
54. Power to require removal of authorized development or use of land.
(1)If it appears to the Authority that it is expedient in the interest of the proper planning of its areas (including the interests of amenities), having regard to the perspective plan of the development area or its development plan 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 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 alternation or removal of any building 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 said period and in the manner prescribed, appeal to the authority as may be prescribed.(3)If an appeal is filed under sub-section (2), the provisions of clause (a) sub-section (3) and sub-section (4) of section 51 shall apply, with such modifications as may be necessary.(4)If any person:-(a)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 or the land, or(b)Has carried out any work in compliance with the notice, and claims from the authority within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-section (2) and (3) of section 49 shall apply with such modifications as may be necessary.(5)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 or 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 Government, an acquisition notice requiring his interest in the land to be acquired.(6)When a notice is served under sub-section (5), the provisions of sub-section (2) to (5) of section 48 shall apply with such modifications as may be necessary.
