Section 33 in Jodhpur Development Authority Act, 2009
33. Power to stop unauthorised development.
(1)Where any development of land as indicated in sub-section (1) of section 31 is being carried out but has not been completed, the Authority may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from time to time the service of the notice, and thereupon, the provisions of sub-sections. (3), (4), (5) and (6) of section 32 shall, so far as may be applicable, apply in relation to such notice, as they apply in relation to notice under section 32.(2)Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction, be punished [with simple imprisonment which shall not be less than fifteen days but which may extend to forty five days or with fine which shall not be less than twenty five thousand rupees] [Substituted 'with fine which may extend to five thousand rupees' by Rajasthan Act No. 17 of 2010, dated 13.9.2009.], and when the non-compliance is a continuing one, with a further line which may extend to five hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues:[Provided that the court may for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than fifteen days.] [Added by Rajasthan Act No. 17 of 2010, dated 13.9.2009.](3)Notwithstanding anything contained in this chapter, where any person continues to carry out unauthorised development after receiving a notice under sub-section (1), the Authority or any officer authorised by it in this behalf, shall, in addition to any prosecution or other proceedings or action that may be initiated under this Act, have the power to require any Police officer to remove the person by whom the erection of the building has been continued and all his assistants and workmen from the place of the unauthorised development within such time as may be specified in the requisition and such Police officer shall comply with the requisition accordingly. In addition to such removal of person, the Authority may also confiscate such construction materials, tools etc. which such person was using for unauthorised development.(4)After a requisition order under sub-section (3) has been complied with, any person or his assistants and workmen subsequently continuing unauthorised development shall, on conviction, be punishable under section 66 of this Act, addition to the action under sub-section (3).(5)No compensation shall be claimed by any person for any damages which he may sustain in consequence of the discontinuation of the unauthorised development under this Act.
