In the context of the PERA Force Laws, enforcement activities such as sealing premises, confiscating goods, or removing public nuisances often incur operational and administrative costs. These expenses, termed as costs of enforcement, are legally recoverable from the offender who... Read More
In the context of the PERA Force Laws, enforcement activities such as sealing premises, confiscating goods, or removing public nuisances often incur operational and administrative costs. These expenses, termed as costs of enforcement, are legally recoverable from the offender who caused the violation.
The law provides that if the offender fails to pay the cost voluntarily, the amount is recoverable as arrears of land revenue. This means the unpaid enforcement cost is treated in the same manner as unpaid land revenue dues — granting the Authority strong legal powers to recover the amount without requiring lengthy court procedures.
Recovery as arrears of land revenue is one of the most effective recovery mechanisms in administrative law. It allows the Authority or local government to initiate recovery through the Revenue Department, which can use measures such as:
Attachment or auction of property,
Deduction from receivables, or
Other lawful means of revenue recovery.
This approach ensures swift and effective cost recovery, discouraging violators from ignoring enforcement-related dues. It also prevents financial burden from falling on the Authority or the Board, keeping public funds protected and ensuring the enforcement system remains self-sustaining.
Moreover, the provision empowers the Authority to hold violators financially accountable for the environmental or administrative harm they caused. It reinforces the polluter pays principle, aligning with modern environmental governance standards.
Thus, under the PERA Force Laws, when the cost of enforcement remains unpaid, it is recovered as arrears of land revenue, ensuring compliance, accountability, and proper cost recovery through a legally recognized and efficient process.
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