What defences can be taken for a client who was received notice u/s 53 of Maha regional and town planning act? taking into consideration latest amendment of MRTP which added 53 (1A)?
Piyush Mapari 12 August 2023
What defences can be taken for a client who was received notice u/s 53 of Maha regional and town planning act? taking into consideration latest amendment of MRTP which added 53 (1A)?
T. Kalaiselvan, Advocate (Advocate) 13 August 2023
If the contents of the notice are not maintainable then yo can deny the allegations levelled in it and also deny any commitments towards this.
The latest amendment stipulates minmum time of one month for compliance
You may better conusult a local lawyer and proceed as suggested
Dr. J C Vashista (Advocate ) 13 August 2023
Section 53 [ View Judgements ]
POWER TO REQUIRE REMOVAL OF UNAUTHORISED DEVELOPMENT.
(1) Where any development of land has been carried out as indicated in sub section (1) of section 52, the Planning Authority may, subject to the provisions of this section, 1[**** ] serve on the owner a notice requiring him, within such period, being not less than one month, as may be specified therein after the service or the notice, to take such steps as may be specified in the notice.
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 52, to restore the land to its condition existing before the said development took place
1.These words “within seven years of such development” deleted by Mali, 39 of 1994, s. 13
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