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MADURAI  LOCAL  PLANNING  AUTHORITY

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Enforcement

Sections 56 and 57 of the Town and Counrty Planning Act have empowered the planning authorities to the extent that they could not only stop the construction, but also demolish the construction if it was found that the construction is in violation of approved plans or that the construction isunauthorized.

Procedure

When it was found that either the construction was without permission or the construction was in contravention the permission granted earlier or the construction being carried out despite said permission was duly revoked or modified for valid reasons,the owner or occupier of the land or building will be issued with a notice in the first instance to discontinue the development activities and to restore the land to its condition before the said development took place.

Further, when such notice for discontinuing with the development was served, it is imperative on the part of the owner or the person carrying out any development to discontinue the development from the date of service of such notice and inform the fact to the planning authority (local authority) forthwith.

On the other hand, if the owner or occupier of land or building has not discontinued the use of land or building by the date specified in the notice, the premises could be locked and sealed by the authority, irrespective of pendency of any application for permission under section 49 of the Act or an appeal under section 79 or any litigation before the court.

It is the responsibility of the owner or occupier, as the case may be to provide security for the sealed premises.

if the owner or the person carrying out the development has not discontinued the development as required in the first notice, another notice will be served by the planning authority (local authority ) requiring the owner to remove the part of the building that was built subsequent to the serving of first notice within a time period of not more than 7 days from the issue of second notice.

If the above direction to remove the portion built subsequent to the first notice was not complied as per direction issued in the second notice, then the planning authority (local authority) will take action to demolish the portion and also recover the costs involved in the demolishion from the owner as an arrear of land revenue.

Further the planning authority (local authority) could also seize, any construction material, tool, machinery, equipment, scaffolding, vehicle or any other thing used for such development and kept within the site.

The seized items could be confiscated and sold out in public auction and the owner or the person would also be prosecuted for not complying with notices duly served under the Act.

Under section 80-A of the Act, special powers are vested with the Government wherein, the government may, on application, call for and examine the records of the appropriate authority in respect of sealing of the premises under sub-section (2-A) of section 56 or under sub-section (4) of section 57 and the Government may modify or annul or reverse or remit for reconsideration of such action or decision. Application to the Government for this should be made within thirty days from the date of sealing.

As per section 101 of the Act, any decision or order passed by the Tribunal or the Government or the planning authority or other authority or any officer under the Act are final and are not liable to be questioned in any Court of law. And as per amended provision of section 101, the Court is barred from granting any injunction against the notices served under section 56 or under 57 of the Act.

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