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PENALTIES

Penalties have been prescribed in the Town and Country Planning Act for not complying with provisions of Town and Country Planning Act with respect to obtaining permissions for development of land or building or both from the appropriate authority ( planning authority / local authority) or for contravening the permission granted or failure on the part of developer to stop the development on having been given a notice to do so etc., .

In Section 83 of Town and Country Planning Act penalties are specified as per the Shedule I on person or persons
whoever - contrvenes any provision of any of the sections specified in the,viz.,
section 47 i.e., for failure to use and develop the land in conformity with the development plan;
section 48 i.e., for erection of building or change in use of land without permission;
section 49 i.e., for Failure to apply for permission and get permission;
section 56 - sub-section (5) i.e., for not heeding to the orders issued for the removal of unauthorised development;
section 57 i.e.,for not heeding to orders issued to stop the unauthorised development;
section 62 i.e., failure to comply to pay development charges, and
section 106 i.e., for obstructing the authorities from exercising their power of entry ( for inspection / enquiry / performing functions as authorized in the Act)


The specified penalties are also applicable towards contravening any rule or order made under the specified sections of 47, 48, 49 , 56 (5), 57, 62 and 106 of the Act and for not complying with any direction lawfully given to him or any requisition lawfully made upon the developer / owner / occupier of the land / building, with reference to the provisions of any of the said sections

On conviction, the offender is punishable with fine,the amount specified in the fourth column of the said Schedule. The maximum fine is one thousand rupees

Further, the person or persons whoever after having been convicted under the specified sections of 47, 48, 49, 56 (5), 62 and 106, if they still continue to contravene the said provosion or to neglect to comply with the said direction or rquisition, as the case may be, again will be subjected to prosecution and on conviction are liable to pay penalty of maximum of rupees fifty for each day after the previous date of conviction during which he continues so to offend (Shedule II)

SCHEDULE I
(See section 83)
Section
(1)
Sub-section of clause
(2)
Subject
(3)
Penalty
(4)
Rs.
47 ... Failure to use and develop the land in conformity with the development plan 75
48 ... Erection of building or change in use of land without permission 100
49 ... Failure to apply for permission and get permission 50
56 (5) Power to require the removal of unauthorised development 50
57 ... Power to stop the unauthorised development 50
62 ... Failure to comply to pay development charges 100
106 ... Obstruction to the exercise of the power of entry
by the Government servants or the servants of the planning authorities
100



SCHEDULE II
(See section 83)
47 ... Failure to use and develop the land in conformity with the development plan
48 ... Erection of building or change in use of land without permission
49 ... Failure to apply for permission and get permission
56 (5) Power to require the removal of unauthorised development
57 ... Power to stop the unauthorised development
62 ... Failure to comply to pay development charges
106 ... Obstruction to the exercise of the power of entry
by the Government servants or the servants of the planning authorities


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