Vidhi Codex

section 88

Order of demolition of building

The Haryana Urban Development Authority Act, 1977
Infrastructure1977111 of 112 sections available7 chapters
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Chapter IX CONSTITUTION OF LOCAL DEVELOPMENT AUTHORITIES

Statutory text
  1. (1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or sector development plan or without the permission, approval or sanction referred to in section 80 or contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the local development area, then without prejudice to the provisions of section 86, the Vice-Chairman or any officer of the Local Development Authority empowered by him in that behalf may make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance development has been commenced or is being carried out or has been completed, within such period not being less than fifteen days and more than forty days from the date on which a copy of the order of removal, with a brief statement of the reasons therefore, has been delivered to the owner or that person as may be specified in the order and on his failure to comply with the order, the Vice-Chairman or such officer may remove or cause to be removed the development and the expenses of such removal as certified by the Vice-Chairman or such officer shall be recoverable from the owner or the person at whose instance the development was commenced or was being carried out or was completed, as arrears of land revenue: Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.
  2. (2) Any person aggrieved by an order under sub-section
  3. (1) may appeal to be Chairman against that order within thirty days from the date thereof and the Chairman may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order.
  4. (3) The Chairman may stay the execution of an order against which an appeal has been filed before it under sub-section (2).
  5. (4) The decision of the Chairman on the appeal and subject only to such decision, the order under sub-section (1), shall be final and shall not be questioned in any Court.
  6. (5) The provisions of this section shall be in addition to, not in derogation of, any other provisions relating to demolition of building contained in any other law for the time being in force.

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