Order of stoppage of building or works in certain cases.

(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 246 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith. (2) If an order made by the Commissioner under section 253 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a Corporation officer or other Corporation employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. (4) Where a police officer or a Corporation officer or other Corporation employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act. (5) Where the owner of the building submits the revised plan, after the work has been stopped by him or the work is completed by him and there are deviations from the sanctioned plan, the Commissioner may, subject to the special or general directions of the State Government under section 255, compound the cases of deviations upto 10% from the sanctioned plan: Provided that where the revised plan involves erection of building- (i) on any Government land or the land vested in a municipality or a local authority; or (ii) by covering any public road, street, path or drain; or (iii) by contravening the provisions of the Himachal Pradesh Roadside Land Control Act, 1968 (21 of 1969); the Commissioner shall not compound deviations from the sanctioned plan. (5-A) Any person aggrieved by the decision of the Commissioner under sub-section (5), may, within thirty days from the passing of the order by the Commissioner and in such manner as may be prescribed, appeal to the Divisional Commissioner. (5-B) Any person aggrieved by the decision of the Divisional Commissioner in appeal under sub-section (5-A), may, within thirty days from the order made by the Divisional Commissioner and in such manner as may be prescribed, appeal to the State Government. (5-C) The appellate authority may, for reasons to be recorded in writing, allow the appeals to be filed after the expiry of the period of thirty days specified in sub-sections (5-A) and (5-B) and for calculating the period of thirty days under the said sub-sections, the time spent in procuring the certified copies of the orders to be appealed against shall be excluded. (5-D) Notwithstanding anything contained in sub-sections (5), (5-A) and (5-B), the State Government may, in exceptional cases of extreme hardship, compound the cases of deviations from sanctioned plans. (6) Notwithstanding anything to the contrary contained in this Act, the Commissioner, shall, within three months after affording an opportunity of being heard, deny or withdraw the no objection certificate issued for installation of electricity connection, the civic amenities including water and sewerage connection, if the owner, or the occupier of the building carry out unauthorized construction without sanction or make deviations from the sanctioned plan, erection of a building on any Government land or land vested in the Corporation, or by covering any public road, street, path or drain or obtain sanction on misrepresentation or by concealing material facts at the time of making the application for sanction of building plan and shall dispose of the proceedings within six months. Erection of buildings in contravention of conditions of sanction etc. 10000 1000