Enforcement
Procedure
Penalties


 

Procedure

Sections 56 and 57 of the Town and Country 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 is unauthorized.

The Government have also constituted Tiruppur Local Planning Authority under sub-section 4 of Section 11 of Town and Country Planning Act 1971.The Authority is chaired by District Collector and Members to the Authority are appointed as per the provisions of the Act. While the Tiruppur Local Planning Authority is functioning under the Administrative control of the Director of Town and Country Planning, Chennai, the Administrative of secretariat of Housing and Urban Development Department, St, George Fort, Chennai is the apex control of the Authority. 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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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 Schedule I on person or persons whoever - contravenes 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 provision or to neglect to comply with the said direction or requisition, 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 (Schedule 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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