Vidhi Codex

section 12

Powers to stop building operations and removal of persons thereof.

The Jammu and Kashmir Control of Building Operations Act, 1988
General198820 sections
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Statutory text
  1. (1) Where any building operation has been commenced or is being carried on in contravention of the provisions of this Act or any rule, or regulation laws made thereunder, or without the permission referred to in section 4 but such erection has not been completed, the Authority may by a written notice require that such building operations be discontinued on and from the date of the service of the notice.
  2. (2) Where such building operations are not discontinued, the Authority may direct all persons engaged in any capacity in the work of erecting or reerecting building in question or part thereof to remove themselves and shall take such measures as will prevent such persons from again entering into or remaining will prevent such persons from again entering into or remaining upon such building or part thereof except with a proper permission which may be issued by the Authority.
  3. (3) Where such building operations are not discontinued even after issuance of directions under sub-section (2) the Authority may require any Police Officer to remove the persons by whom the erection of the building has been commenced and all his assistants and workmen from the place of the building, within such time as may be specified in the requisition and, such Police Officer shall comply with requisition accordingly.
  4. (4) No person shall be entitled to any compensation for any damage, which he may sustain in consequence of the discontinuance of the erection or re-erection of any building.
  5. (5) All expenditure incurred in the enforcement of the provisions of this section shall be recoverable from the person concerned. Explanation:— For the purpose of this section, the building operation shall include erection or re-erection of any building or any development or the engineering operation in any area.

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