Vidhi Codex

section 212

Order of demolition of building and works in certain cases and appeal.

The Jammu and Kashmir Municipal Act, 2000
Infrastructure2000331 sections
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Statutory text
  1. (1) Any person aggrieved by an order of the municipality made under second proviso to sub-section (1) of section 211 may prefer an appeal to the District Judge having jurisdiction over the municipal area within the period of seven days from the date on which the copy of order made by the municipality is given to him.
  2. (2) Where an appeal is preferred under sub-section (1) against an order of demolition, the District Judge may stay the enforcement of that order on such terms, if any, and for such period, as he may think fit : Provided that whether the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition no order staying the enforcement of the order of demolition shall be made by the District Judge unless reasonable opportunity of being heard is afforded to the municipality and security sufficient in the opinion of the District Judge has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.
  3. (3) Save as provided in this section no court shall entertain any suit, application or other proceedings for inundation or other relief against the municipality or restrain it from taking any action or making any order in pursuance of the provisions of this section.
  4. (4) Every order made by the District Judge on appeal and subject only to such order, the order of demolition made by the municipality shall be final and conclusive.
  5. (5) Where no appeal has been preferred against an order of demolition made by the municipality under section 211 or where an order of demolition made by the municipality under that 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 District Judge on appeal, and on the failure of the person to comply with the order within such period, the Executive Officer may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.

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