Right of owner to apply to Court of the District Judge in case of obstruction by occupier.

Infrastructure2000446 sections

Statutory text

(1) The owner of any land or building may if he is prevented by the occupier thereof from complying with any provision of this Act or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the Court of the District Judge, and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision or notice, order or requisition within the time so fixed.
(2) The Court on receipt of such application may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision, or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal from any liability which may have been otherwise incurred by reasons of his failure to comply with the said provisions or notice, order or requisition.

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