Stopping Unauthorized Development

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Questions and Answers

Under what condition is the Planning Authority empowered to serve a notice to discontinue development?

  • When any development of land is being carried out, regardless of completion status, without required permissions. (correct)
  • Only when the development is creating a public nuisance.
  • Only when the development is complete and violates the planning regulations.
  • Only when the owner of the land requests such action.

What is the consequence for continuing unauthorized development after receiving a notice from the Planning Authority?

  • A fine of one hundred rupees per day of non-compliance.
  • Confiscation of the land by the Planning Authority.
  • Imprisonment for a term which may extend to three years, or a fine which may extend to five thousand rupees, or both, plus a continuing fine. (correct)
  • Mandatory demolition of the construction at the owner's expense.

According to the content, which section's provisions apply to a notice requiring the discontinuation of development?

  • Section 52
  • Section 51
  • Section 53 (correct)
  • Section 56

If a person is found guilty of continuing development after receiving a notice, what is the maximum imprisonment term they could face?

<p>Three years (B)</p> Signup and view all the answers

What is the maximum fine that can be imposed for continuing unauthorized development after being served a notice?

<p>Five thousand rupees (D)</p> Signup and view all the answers

What additional penalty can be applied for continuous non-compliance with a notice to discontinue development?

<p>A further fine which may extend to one hundred rupees for every day after the date of the service of the notice. (B)</p> Signup and view all the answers

Under what circumstances can the Planning Authority order the summary removal or discontinuance of unauthorized temporary development?

<p>If the person carrying out the development fails to comply with a written order within fifteen days of its receipt. (B)</p> Signup and view all the answers

In the event of non-compliance with an order to remove unauthorized temporary development, whom may the Planning Authority request assistance from?

<p>The District Magistrate or the Commissioner of Police (D)</p> Signup and view all the answers

Who has the final say regarding what constitutes 'development of a temporary nature'?

<p>The Planning Authority (A)</p> Signup and view all the answers

What action can be taken if unauthorized temporary development is re-established after being summarily removed?

<p>Similarly removed or discontinued summarily without making any order as aforesaid. (D)</p> Signup and view all the answers

A property owner begins construction without the necessary permits. The Planning Authority serves a notice to stop. If they continue, what legal repercussions might they face?

<p>Imprisonment, a fine, or both, along with an additional daily fine for continuous non-compliance. (D)</p> Signup and view all the answers

A local business erects a temporary structure on their property without approval. The Planning Authority orders its removal within 15 days. If the business fails to comply, what can the Planning Authority do?

<p>Request the District Magistrate or Commissioner of Police to summarily remove the structure. (A)</p> Signup and view all the answers

A homeowner receives a notice to discontinue construction due to violations. They argue that the notice is invalid. What recourse does the Planning Authority have?

<p>The Planning Authority can proceed with legal action, as the provisions of Section 53 apply to the notice. (B)</p> Signup and view all the answers

A person removes an unauthorized temporary structure after receiving an order, but then reconstructs it without permission. What steps can the Planning Authority take?

<p>Summarily remove the structure again without needing to issue another order. (A)</p> Signup and view all the answers

A dispute arises between a property owner and the Planning Authority over whether a structure is 'temporary' or 'permanent'. Who makes the ultimate determination?

<p>The Planning Authority. (C)</p> Signup and view all the answers

What is the initial step the Planning Authority must take when addressing unauthorized development that is in progress?

<p>Serve a notice to the owner and the person carrying out the development to discontinue the work. (B)</p> Signup and view all the answers

In the context of unauthorized development, what is the significance of Section 53?

<p>It provides the guidelines on the notice and procedures to be followed when ordering discontinuation. (B)</p> Signup and view all the answers

If a property owner is served a notice to discontinue unauthorized development, what is their most appropriate course of action to avoid penalties?

<p>Immediately comply with the notice and cease all development activities. (B)</p> Signup and view all the answers

What is the time frame within which a person must comply with an order to remove an unauthorized temporary structure?

<p>15 days (B)</p> Signup and view all the answers

If a tenant carries out unauthorized construction on a property, who is responsible for addressing the violation according to the regulations?

<p>Both the tenant and the property owner may be held responsible. (A)</p> Signup and view all the answers

Flashcards

Power to Stop Unauthorized Development

The Planning Authority can issue a notice to stop unauthorized development if it hasn't been completed.

Penalty for Non-Compliance

Continuing unauthorized development after notice leads to imprisonment up to 3 years, a fine up to five thousand rupees, or both.

Removal of Unauthorized Temporary Development

Planning Authority can order removal/discontinuance of unauthorized temporary structures within 15 days.

Enforcement of Removal Order

If non-compliance continues after 15 days, District Magistrate or Commissioner of Police can summarily remove/discontinue the work.

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Final Decision on Temporary Development

The Planning Authority's decision is final on what constitutes a temporary development.

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Study Notes

  • This section discusses the power to stop unauthorized development and the removal or discontinuance of unauthorized temporary development.

Power to Stop Unauthorized Development

  • If development is being carried out as indicated in section 52(1) but is not complete, the Planning Authority can serve a notice to the owner and the person carrying out the development.
  • The notice requires that the development be discontinued from the time of service.
  • Subsections (3), (4), (5), and (6) of section 53 apply to this notice, as they do to notices under section 53.
  • Continuing development after notice has been served results in punishment upon conviction.
  • Punishment may include imprisonment up to three years, a fine up to five thousand rupees, or both.
  • If non-compliance continues, there is a further fine which may extend to one hundred rupees for every day of continued non-compliance after the service of the notice.

Removal or Discontinuance of Unauthorized Temporary Development

  • If any person has carried out any development of a temporary nature unauthorizedly as indicated in section 52(1), the Planning Authority can order that person in writing to remove any structure or work erected, or, discontinue the use of land made, unauthorizedly within fifteen days of receipt of the order.
  • If the person does not comply with the order within fifteen days, the Planning Authority may ask the District Magistrate or the Commissioner of Police, or authorize any of its officers or servants, to have such work summarily removed or such use summarily discontinued.
  • Any development unauthorizedly made again will be similarly removed or discontinued summarily without any additional order.
  • The Planning Authority's decision on what constitutes development of a temporary nature is final.

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