Section 7   [ View Judgements ]

Control of Gunthewari development

(1) If any plot-holder has not applied for regularisation within the specified period, as provided in sub-section (1) of section 4, the Planning Authority shall, before initiating any action under sub-section (2), against the holder of such plot, for demolition of such unauthorised construction, give such plot-holder, one month's notice, to apply for regularisation of such unauthorised development.

(2) On the plot-holder's failure to apply for such regularisation, as provided in sub-sections (1) and (2) of section 4, within the time limit specified in the notice, or his application for regularisation is rejected by the Planning Authority, the Planning Authority shall demolish the unauthorised construction.

(3) The police shall provide adequate protection and support to the Planning Authority for carrying out the demolition under sub-section (2).

(4)(a) The chief executive officer of the Planning Authority or the Collector, as the case may be, who fails to remove any Gunthewari development undertaken after the date of coming into force of this Act, within a period of six months from the date of its occurrence or the Commissioner of Police or the Superintendent of Police, as the case may be, who fails to provide adequate police protection and support for carrying out the demolition as aforesaid; or

(b) a person who in any way prevents or obstructs the Planning Authority or Collector or Commissioner of Police or Superintendent of Police, in the discharge of their duties as aforesaid; or

(c) a person who after the date of coming into force of this Ordinance, carries out any Gunthewari development; or

(d) a person who aids or abets such unauthorised development or prevention or obstruction of such demolition,

shall be deemed to have committed an offence under this Act, and shall, on conviction, be punishable with fine upto rupees ten thousand :

Provided that, the incumbent chief executive officer of the Planning Authority or the Collector shall not be liable unless he has held the post for not less than six months, immediately before the date of commission of the offence:

Provided further that, no prosecution of the chief executive officer of a Planning Authority or a Collector or a Commissioner of Police or a Superintendent of Police for any offence under this sub-section, shall be instituted except with the previous sanction of the State Government.

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