|
(1) |
where
the erection of any building or execution of any work has been commenced, or is
being carried on, or has been completed without or contrary to the sanction referred
to in section 241 or in contravention of any condition subject to which such sanction
has been accorded or in contravention of any of the provisions of this Act or
bye-laws made thereunder, the Chairperson may, in addition to any other action
that may be taken under this Act, make an order directing that such erection or
work shall be demolished by the person at whose instance the erection or work
has been commenced or is being carried on or has been completed, within such period
(not being less than five days and more than fifteen days from the date on which
a copy of the order of demolition with a brief statement of the reasons therefore
has been delivered to that person), as may be, specified in the order of demolition:
Provided that no order of demolition shall be made unless the person has been
given by means of a notice served in such manner as the Chairperson may think
fit, a reasonable opportunity of showing cause why such order shall not be made:
Provided further that where the erection or work has not been completed, the Chairperson
may by the same order or by a separate order, whether made at the time of the
issue of the notice under the first proviso or at any other time, direct the person
to stop the erection or work until the expiry of the period within which an appeal
against the order of demolition, if made, may be preferred under sub-section (2)
| (2) |
Any person
aggrieved by an order of the Chairperson made under sub-section (1) may prefer
an appeal against the order to Appellate tribunal within the period specified
in the order for the demolition of the erection or work to which it relates. |
(3)
|
Where an appeal is preferred under sub-section (2) against an order of demolition
the Appellate Tribunal may, subject to the provisions of sub-section (3) of section
255 stay the enforcement of that order on such terms, if any, and for such period,
as it may think fit: Provided that where the erection of any building or execution
of any work has not been complete at the time of the making of the order of demolition,
no order staying the enforcement of the order of demolition shall be made by the
Appellate Tribunal unless security, sufficient in the opinion of the said Tribunal
has been given by the appellant for not proceeding, with such erection or work
pending the disposal of the appeal. | (4)
| No
court shall entertain any suit, application or order proceeding for injunction
or other relief against the Chairperson to restrain him from taking any action
or making any order in pursuance of the provisions of this section. |
(5)
| Subject
to an order made by the Administrator on appeal under section 256, every order
made by the Appellate Tribunal on appeal, the order of demolition made by the
Chairperson shall be final and conclusive |
(6) |
Where no
appeal has been preferred against an order of demolition made by the Chairperson
under sub-section (1) or where an order of demolition made by the Chairperson
under that sub-section has been confirmed on appeal, whether with or without variation,
by the Appellate Tribunal and by the Administrator in a case where an appeal has
been preferred against the order of the Appellate Tribunal, the person against
whom the order has been made shall comply with the order within the period specified
therein, or as the case may be, within the period, if any fixed by the Appellate
Tribunal or the Administrator on appeal and on the failure of the person to comply
with the order within such period, the Chairperson may himself cause the erection
or the work to which the order relates to be demolished and the expenses of such
demolition shall be recoverable from such person as an arrear of tax under this
Act. | |