State Act

The Himachal Pradesh Town and Country Planning Act, 1977

39. Power to require removal of unauthorised development.-(1) Where any development has been carried out as indicated in section 38 the Director may, within 1[ten years] of such development, serve on the owner a notice requiring him, within 2[fifteen days] from the date of service of the notice- (a) in cases specified in clause (a) or (c) of section 38 to restore the land to its condition existing before the said development took place; (b) in cases specified in clause (b) or (d) of section 38 to secure compliance with the conditions or with the permission as modified; 3[(c) in cases specified in clause (e) of section 38 to secure compliance in the manner as may be prescribed: Provided that where the notice requires the discontinuance of any use of land, it shall be served on the occupier also; 4[(2) in case any person after issuance of notice under sub-section (1) does not comply with the directions, he shall be served with a notice to stop or to seal, as the case may be, unauthorized development in the manner as may be prescribed.] 5[(3) Any person aggrieved by such notice may within fifteen days of the receipt of the notice, apply for composition of offences under section 39-C and till the time the application is disposed of, the notice shall stand withdrawn.]; (4) The foregoing provisions of this chapter, shall so far as may be applicable, apply to an application under sub-section (3). 6[(5) If the offence is compounded, the notice shall stand withdrawn, but if the offence is not compounded, the notice shall stand, or if such offence is partly compounded, the notice shall stand withdrawn to the extent the offence is compounded, but shall stand in respect of the offence which is not compounded, and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) in respect of the offence not compounded.]. (6) If within the period specified in the notice or within the same period after the disposal of the application, the notice or so much of it as stands is not complied with, the Director may,- (a) prosecute the owner for not complying with the notice and whether the notice requires 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) where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations itself, cause the restorations of the land to its condition before the development took place and secure compliance with the condition of the permission or with the permission as modified by taking such steps as the Director may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations, and recover the amount of any expenses incurred by him in this behalf from the owner as arrears of land revenue. (7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing offence with further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.