8. The following new sections are hereby inserted immediately after section 28, and shall have effect as section 28A, Section 28B and section 28C, of the principal enactment:
| 28A.
| | (1) Where in a development area, any development activity is commenced continued, resumed or completed without permit or contrary to any term or condition set out in a permit issued in respect of such development activity, the Authority may, in addition to any other remedy available to the Authority under this Law, by written notice require the person who is executing or has executed such development activity, or has caused it to be executed, on or before such day as shall be specified in such notice, not being less than seven days from the date thereof
| | | (a) to cease such development activity forthwith; or |
| (b) to restore the land on which such development activity is being executed or has been executed, to its original condition; or |
| (c) to secure compliance with the permit under the authority of which that development activity is carried out or engaged in, or with any term or condition of such permit, and for the purposes of compliance with the requirements aforesaid
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| | (2) It shall be the duty of the person on whom a notice is issued under subsection (1) (2) It shall be the duty of the person on whom a notice is issued under subsection (1) to comply with any requirement specified in such notice within the time specified in such notice or within, such extended time as may be granted by the Authority on application made in that behalf. | | |
| | (3)
| | | (a) Where in pursuance of a notice issued under subsection (1), any building or work is not demolished or altered within the time specified in the notices or within such extended time as may have been granted by the Authority, the Authority may apply to the Magistrate to make a mandatory order authorizing the Authority to demolish or alter the building or work, and the Magistrate on serving notice on the person who had failed to comply with the requirement of the Authority under Subsection (1) to demolish or alter the building or work, may, if he is satisfied to the same effect, make order accordingly. |
| (b) If such person undertakes to demolish or alter the building or work, the Magistrate may if he thinks fit postpone the operation of the order for such time not exceeding two months as he thinks sufficient for the purpose of giving the person an opportunity of demolishing or altering the building or work. |
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| | (4) Where a mandatory order has been made under subsection (3), it shall be the duty of the police authorities to render all necessary assistance to the Authority in carrying out the order. | | |
| | (5) The Authority shall be entitled to recover any reasonable expenses incurred by the Authority in demolishing or altering any building or work in pursuance of an order made by the Magistrate under sub section (3). | | |
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| 28B.
| | (1) In any ease, where a person
| | | (a) has been convicted under section 28 for having contravened any provision of section 8J (1) ; and |
| (b) where a notice has been issued under subsection (1) of section 28A and any requirement in such notice has not been complied with, |
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| | (2) Where any land has been vested in the Authority under subsection (1), and
| | | (a) no permit had been obtained under section 8J for the execution of any development activity upon such land, no person shall be entitled to any compensation in respect of any such develop ment activity; |
| (b) where a permit has been obtained under section 8J for any development activity upon such land, no person shall be entitled to any compensation for such development activity except to the extent of the work carried out in accordance with the terms and conditions set out in the permit. |
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| 28C. Where an offence under this Law is committed
| | (a) by a body of persons, then,
| | | (i) if that body is a body corporate (other than a public corporation or local authority), every person who at; the time of the commission of the offence was a director or secretary or other similar officer of that body, or |
| (ii) if that body is a public corporation, its Chairman, or where there is no Chairman, the chief executive officer thereof, or |
| (iii) if that body is a local authority, the District Secretary, in the case of a Development Council, or the Mayor or Chairman, as the case may be, in the case of a Municipal Council or Urban Council; or |
| (iv) if that body is not a body corporate, every person who at the time of the commission of the offence was a member or partner of that body, or is its chief executive officer ; or' |
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| | (b) by a Government Department, the officer of that department responsible for the execution, or the causing of the execution, of the development activity in respect of which the offence was committed, | | |
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Sri Lanka Consolidated Acts