Executive Officer may himself remove the building and recover from the owner of the building the expenses of such remove as an arrear of tax under this Act.

Arunachal Pradesh Municipal Act, 2007

Infrastructure2007409 sections2 chapters

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Chapter XXXV Chapter XXXV

Statutory text

(1) If upon information in his possession, the Chief Municipal Executive Power to require Officer Municipal Executive Officer is satisfied that any building is in any respect Improvement of unfit for human habitation, he may unless in opinion the building is not capable building unfit for of be rendered fit at a reasonable expense, serve on owner of the building a human habitation. notice requiring him within such period, not being less than thirty days, as may be specified in the notice, to execute the works of improvement specified therein, and stating that in his opinion such works will render the building fit for human habitation.
(2) In addition to the notice served on the owner of the building under sub- section (1), the Chief Municipal Executive Officer/ Municipal Executive Officer may also serve a copy of the notice on any other person having an interest in the building, whether as a lessee or as a mortgagee or otherwise.
(3) In determining whether a biding can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render the building so fit and the estimated value which the building will have on completion of the works.
(4) If the notice under sub-section (1) requiring the owner of the building to execute the work of improvement is not complied with, then on the expiration of the period specified in the notice, the Chief Municipal Executive Officer/ Municipal Executive Officer may himself do the works required to be done by the notice and recover the expense incurred in connection therewith as an arrear of tax under this Act. 307. (1) Where, upon information in his possession, the Chief Municipal Power to order Executive Officer/ Municipal Executive Officer is satisfied that any building is demolition of unfit for human habitation and is not capable at a reasonable expense of being building unfit for rendered fit, he shall serve upon the owner of the building and upon any other human habitation. person having an interest in the building, whether as a lessee or as a mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If the owner of the building, or other person upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the chief Municipal Executive Officer/ Municipal Executive Officer and gives an undertaking that he shall, within a period specified by the Chief Municipal Executive Officer/ Municipal Executive Officer, execute such works of improvement in relation to the building as will, in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer, render the building fit for human habitation or that the building shall not be used for human habitation until the Chief Municipal Executive Officer/ Municipal Executive Officer on being satisfied that it has been rendered fit for such habitation, cancels the undertaking, the Chief Municipal Executive Officer/ Municipal Executive Officer shall not make an order of demolition of the building.
(3) If no such undertaking as is referred to in subsection (2) is given, or if, in a case where any such undertaking has been given, the works of improvement to which the undertaking relates are not carried out within the specified period or the building is used in contravention of the undertakings, the Chief Municipal Executive Officer/Municipal Executive Officer shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order, not being less than thirty days from the date of the order, and demolished within six weeks on the expiration of that period.
(4) Where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein shall demolish such building within the period specified in the order and if such building is not demolished the building, the municipal executive officer shall sell the materials thereof.
(5) Any expenses incurred by the Chief Municipal Executive Officer/ Municipal Executive Officer for carrying out the purpose of sub-section (4), which cannot be met out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
(6) In determining, for the purpose of this section and section 306, whether a building is unfit for human habitation, regard shall be had to its condition in respect of the matters, such as:
- (a) Repairs,
- (b) stability,
- (c) freedom from damp,
- (d) natural light and air,
- (e) water supply,
- (f) drainage and sanitary convenience and
- (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter. and the building shall be deemed to be fit for human habitation only, if it is so defective in one or more of the matters as aforesaid that it is not reasonably suitable for occupation in that condition.
(7) For the purpose of this section and section 306 "works of improvement" in relation to a building shall include any one or more of the following :
- (a) necessary repairs,
- (b) structural alterations,
- (c) provision of light points and water taps,
- (d) construction of drains, open or covered,
- (e) provision of latrines and urinals,
- (f) provision of additional or improvement fixtures and fittings,
- (g) opening up or paving of courtyard,
- (h) removal of rubbish, filth and other polluted and obnoxious matter and,
  - (i) any other work including the demolition of any building or any part there of which. in the opinion of the Municipal Executive Officer, is necessary for executing any of the works as aforesaid.
(8) The provisions of this section and section 305 and section 306 shall not apply in relation to any building in any area which has been declared to be a slum area under any State law relating to improvement or clearance of slums.

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