Order of stoppage of building or works in certain cases.

The Jammu and Kashmir Municipal Corporation Act, 2000

Infrastructure2000446 sections

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Statutory text

(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 subsection (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 deviations from the sanctioned plan are minor in nature, the Commissioner may subject to the special and general directions of the 1[State Government] under section 255, compound the cases of deviations. Explanation:–– For the purposes of sub-section (5), the expression “minor in nature” in relation to deviations shall not include––
- (a) addition of a storey beyond the sanctioned plan ;
- (b) erection of a building :––
  - (i) on any Government land or land vested in the Corporation ; or
  - (ii) by covering any public road, street, path or drain.
(6) Notwithstanding anything to the contrary contained in this Act, the Corporation may, after affording a reasonable opportunity of being heard, deny or withdraw the civic amenities including water and sewerage connection, if the owner of the building makes deviations from the sanctioned plan by addition of a storey beyond 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.

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