section 7
Order of demolition of unauthorized construction
The Arunachal Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 20037. (i) Where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed, on any public premises by any person in occupation of such premises under an authority (whether by way of grant or any other mode of transfer), and such erection of building or execution of work is in contravention of, or not authorized by such authority, then, the Estate Officer may, in addition to any other action that may be taken under this Act or in accordance with the terms of the authority aforesaid may make an order for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection of work has been commenced, or is being carried on, or has been completed, within such period, as may be specified in the order :
Provided that no order under this sub-section shall be made unless the person concerned has been given, by means of a notice of not less than seven days served in the prescribed manner, a reasonable opportunity of showing cause why such order should not be made.
- (ii) Where the erection or work has not been completed, the Estate Officer may, by the same order or by a separate order, whether made at the time of the issue of the notice under the proviso to sub-section (i) or at any other time, direct the person at whose instance the erection or the work has been commenced, or is being carried on, 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 section 12.
- (iii) The Estate Officer shall cause every order made under sub-section (i) or as the case may be under sub-section (ii), to be affixed on the outer door, or some other conspicuous part of the public premises.
- (iv) Where no appeal has been preferred against the order of demolition made by the Estate Officer under the sub-section (i) or where an order of demolition made by the Estate Officer under that sub-section has been confirmed on appeal whether with or without variation, 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 officer on appeal, and, on the failure of the person to comply with the order within such period, the Estate Officer or any other officer duly authorized by the Estate Officer in this behalf, may cause the erection or work to which the order relates to be demolished.
- (v) Where an erection or work has been demolished, the Estate Officer may by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of instalments, as may be specified in the order.
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