Section 44 in Puducherry Town and Country Planning Act, 1969
44. Power to require removal of unauthorised development.
(1)Where any development of the land has been carried out as described in section 43, the Planning Authority may, within three years of such development, serve on the owner a notice requiring him, within such period, being not less than one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice -(i)in cases specified in clauses (a), (c) or (e) of sub-section (1) of section 43 to restore the land to its condition before the said development took place;(ii)in cases specified in clauses (b) of sub-section (1) of section 43 to restore the land to its condition before the said development, took place or to pay the development charge and such penalty if any, as may be prescribed by the rules;(iii)in cases specified in clause (d) or (f) of sub-section (1) of section 43 to secure compliance with the conditions or with the permission as modified.and in particular any such notice may for the purpose aforesaid 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 the case the notice requires the discontinuance of any use of land, the Planning Authority shall serve as notice on the occupier also.(2)Any person aggrieved by such notice may, within the period and in the manner prescribed -(a)apply for permission under section 37 for the retention of the land or any building, work or for the continuance of any use of the land, to which the notice relates, or(b)appeal to the Board,(3)(i)The notice shall be of no effect pending the final determination or withdrawal of the application or the appeal.(ii)If such permission as aforesaid is granted on the 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 Senior Town Planner or any other person appointed by him in this behalf after obtaining the remarks of the Planning Authority concerned and making such enquiries as may be deemed necessary submit a report to the Board.(5)After considering the aforesaid report and hearing the appellant, the Board may dismiss the appeal or accept 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 as may be prescribed after the disposal or withdrawal of the application for permission or the appeal under the 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 any 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 or with 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.(ii)the Planning Authority may recover the cost of any expense incurred by it in this behalf from the owner as arrears of land revenue.(7)Any person prosecuted under sub-section (6) (a) 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.
