section 258
Restrictions on use of buildings and removal of dangerous buildings.
The Jammu and Kashmir Municipal Corporation Act, 2000Infrastructure2000446 sections
Statutory text
- (1) No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any, of such permission––
- (a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the bye-laws made thereunder ;
- (b) change or allow the change of the use of any land or building ;
- (c) convert or allow the conversion of one kind of tenement into another kind.
- (2) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Commissioner may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom.
- (3) The Commissioner may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building to set up a proper and sufficient board or fence for the protection of passers-by and other persons, with a convenient platform and hand rail wherever practicable to serve as a footway for passengers outside of such board or fence.
- (4) If it appears to the Commissioner that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger.
- (5) If the owner or occupier of the building does not comply with the order within the period specified therein, the Commissioner shall take such steps in relation to the building as to prevent all cause of danger therefrom.
- (6) All expenses incurred by the Commissioner in relation to any building under this section shall be recoverable from the owner or occupier thereof as arrears of tax under this Act.
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