Power to fix time within which work to be executed, etc

A. Power to fix time within which work to be executed, etc.

1. (1) When an order has issued under section 5-A, the Deputy Commissioner may by notice require the owner or occupier of the land to execute such works or take such measures as may be specified in the notice.
2. (2) Every such notice shall state the time within which the works are to be executed or measures are to be taken.
3. (3) A person aggrieved by an order contained in such a notice as aforesaid may, within thirty days from the service of such notice or within such longer period as the Deputy Commissioner may allow in this behalf, serve a notice of his objections on the Deputy Commissioner in such manner as may be provided by the rules made under this Act.
4. (4) If and in so far as an objection under this section is based on the ground of some informality, defect or error in or in connection with the notice, the Deputy Commissioner, shall dismiss the objection, if he is satisfied that the informality, defect or error was not a material one.
5. (5) If the objection is brought on all or any of the following grounds, that is to say :-
   • (a) that the notice might lawfully have been served on the occupier of the land in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served :
   • (b) that some other person, being the owner, occupancy tenant, mortgagee with possession, or lessee, or farm holder, or possessing some other right in or over the land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required :
   • (c) where the work or measure is work or measure for the common benefit of the land in question and other land, that some other person being the owner or occupier of land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required ; the objector shall serve a copy of his notice of objection on each other person referred to, and on the hearing of the objection the Deputy Commissioner may make such order as he thinks fit with respect to the person by whom any work is to be executed or measure is to be taken and the contribution to be made by any other person towards the cost of the work or measure, or as to the proportions in which any expenses which may become recoverable by the Deputy Commissioner under sub-section
6. (6) are to be borne by the objector and such other person : Provided that no such order shall be made unless the person who is likely to be affected thereby has been given a reasonable opportunity of being heard. In exercising his power under this sub-section the Deputy Commissioner shall have regard :-
   • (a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works and measures required ; and
   • (b) in any case, to the degree of benefit to be derived by the different persons concerned.
7. (6) Notwithstanding anything to the contrary in any law for the time being in force, no person required by a notice or an order under this section to execute any work or to take any measure shall be required to obtain the consent of any other person before complying with such notice or order.
8. (7) Subject to such right of objection as aforesaid and the right of appeal under section 18, if the person required by the notice to execute works or to take measures fails to execute the works or to take the measures indicated within the time thereby limited, the Deputy Commissioner may himself or by an agent execute the works or take the measures and recover from that person the expenses reasonably incurred, by him in so doing ; Provided that it shall not be necessary for the Deputy Commissioner to wait for the decision of any objection other than an objection under clause
   • (a) of sub-section (5), or an appeal against any decision on such objection, before taking action under this sub-section ;
9. (8) If the cost of any work executed or any measure taken by any person remains unpaid by the person from whom it is due after the date specified in a notice issued in this behalf by the Deputy Commissioner or such other date as is fixed by him, such cost shall be recoverable as an arrear of land revenue and a certificate issued by the Deputy Commissioner in this behalf shall be final and evidence of the sum recoverable and the person liable for the same.
10. (9) Every order issued under this section shall be published in such manner as may be prescribed in the rules made under this Act, and upon such publication every person affected thereby shall unless the contrary be proved, be deemed to have had due notice thereof.