(1) Where any development as described in clauses (a) to (d) of sub-section (1) of section 56 is being carried out , but has not bee completed, the appropriate planning authority may serve on the owner and the person carrying out the development, a notice requiring the development to be discontinued from the time of service of such notice.
(2) 1 (**** 2 Where the notice under sub-section (1) has been served, the owner or the person carrying out any development shall discontinue the development from the date of service of such notice and inform the fact of discontinuance to the appropriate planning authority.”;) 3
(3) If the owner or the person carrying out the development has not discontinued the development as required in the notice served under sub-section (1).-
(a) the appropriate planning authority may serve a notice on the owner requiring him within such period, being not less than seven days to remove that part of the building built subsequent to the notice served under sub-section (1). If, the direction is not complied with, within the period specified therein, the appropriate planning authority may demolish that part of the building built subsequent to the notice served under sub-section (1) and reserve the right to recover the cost of any expenses incurred by it in this behalf from the owner, as an arrear of land revenue.
(b) the appropriate planning authority may also proceed to seize any construction material, tool, machinery, equipment, scaffolding, vehicle or any other thing used for such development and kept within the site for development,
(c) the material, tool, equipment, scaffolding, vehicle or any other thing so seized may be confiscated by such planning authority and sold by auction in such manner as may be prescribed and the sale proceeds shall be credited to the Fund Account. No claim shall be made by the owner or any other person, on the material, tool, equipment, scaffolding, vehicle or any other thing confiscated and on the sale proceeds.
(4) Where the development as described in clauses (a) to (d) of sub-section (1) of section 56 is being carried out, the planning authority may also take action to discontinue the development by locking and sealing the premises, in such manner as may be prescribed, till the production of the planning permission from the appropriate planning authority as required under this Act.
(5) If the owner or the person carrying out the development has not complied with the requirement in the notices served under sub-section (1) or (3), within the period specified therein, the appropriate planning authority may prosecute the owner for not complying with the notice.
(6) If the development as described in clauses (a) to (d) of sub-section (1) of section 56 is discontinued, the provisions under sub-sections (3) and (4) of section 56 shall apply.”.
Provided that the provisions of clause (a) of sub-section (4) of section 56 shall not apply to the notice served under sub-section (1) and the notice shall continue to have effect and the development shall not be continued during the period in which the final determination or disposal of application for permission under section 49 is pending.