Chapter 6

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6-Violations of Land Development

CHAPTER 6 – VIOLATIONS OF LAND DEVELOPMENT

6-1. Removal or Prevention of Violation.

6-1.1 The Authority and each Concerned Authority shall carry out inspection and take other appropriate measures to ensure compliance with these Regulations.

6-1.2 If the Authority/Concerned Authority shall find that any of the provisions of these Regulations, or any rules relating thereto, or any conditions of a General or Special Development Permit, are being or have been violated, it shall serve a notice in writing on any person responsible for the violation.

6-1.2.1 The notice shall indicate the nature of the violation and the Authority/Concerned Authority may order such action as it may deem appropriate to correct the violation including but not limited to:

a) The discontinuance of any illegal work being done on, or activities being conducted in relation to, land;

b) Requiring the Owner/Professional who are carrying out or have carried out such building works, on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him and addressed to the Authority, to show sufficient cause why such building works or such part thereof shall not be removed or altered to comply with these Regulations;

c) If such person fails to show sufficient cause to the satisfaction of the concerned Authority why such building works or part thereof shall not be removed or altered, the concerned Authority may take the following actions:-

i) require the person who has carried out the works against the provisions of these Regulations or any other statute, to alter or cessation the whole or part of development works thereof;

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6-Violations of Land Development

ii) any other measures authorised by these Regulations, or with the conditions of development permit.

6-1.2.2 The order shall specify the period within which the violation shall be corrected and in the event of non-compliance with the order the Authority/Concerned Authority may itself cause appropriate measures under the relevant statute to be taken to effect compliance. The expenses shall be recoverable from the owner or owners in the manner provided for the recovery of arrears of land revenues or taxes.

6-1.2.3 The giving of notice and making and serving of an order under this clause shall not be a prerequisite to the initiation of, and shall not bar, any prosecution under any applicable law, and the Authority/Concerned Authority may take action under this clause whether or not a prosecution has been initiated.

6-2. Enforcement by MP&ECD.

MP&ECD may direct the Concerned Authority (under whose jurisdiction violation/s occur) to take action under Regulation 1-4 with respect to any violation.

6-3. Appeals

6-3.1. Within 30 days from the date of receipt of any order of an Authority/Concerned Authority/MP&ECD under these Regulations, any aggrieved person so served may appeal to the Authority/Concerned Authority/MP& ECD as the case may be, which shall give him an opportunity to be heard before such officer within 15 days of filing such appeal.

6-3.2. Within 30 days from the date of receipt of any order of Authority/Concerned Authority/MP&ECD under these Regulations or of its determination on an appeal under the preceding sub-clause, the aggrieved person so served may appeal to the Government which shall give him an opportunity to be heard before such officer or committee and within such reasonable time as shall be designated by the Government.

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6-3.2.1 Authority/Concerned Authority/MP&ECD or the Government, as the case may be, after considering a report and any recommendations of the hearing officer or officers, may affirm, modify or over-rule the order or determination.

6-4. Finality of Orders or Determinations.

Unless an appeal has been admitted as provided by Clause 6-3. of above, an original or appellate order, or determination of the Authority/Concerned Authority/MP&ECD or the Government shall be final.