Special powers which may be conferred by Government in respect of overcrowded areas notified by Government.

Special powers which may be conferred by Government in respect of overcrowded areas notified by Government. (1) If the Government is of opinion that risk of disease has arisen or is likely to arise, either to any occupier in, or to any inhabitants in the neighborhood of, any area by reason of any of the following defects, namely:— (a) the manner in which either buildings, or blocks of buildings, already existing or proposed therein are or are likely to become, crowded together, or (b) the impracticability of cleansing any such buildings, or blocks of buildings already existing or proposed, or (c) the want of drainage or scavenging, or the difficulty of arranging therein, for the drainage or scavenging of any such buildings or blocks or area as aforesaid, or (d) the narrowness, closeness, bad arrangement or bad condition of the streets or buildings or groups of buildings, the Government may by notification confer on the municipal council, to which such area is subject, all or any of the powers specified in sub-section (2) and the municipal council may subject to the limitations, restrictions, modifications, conditions or regulations, if any, prescribed in this behalf, exercise within that area all powers so conferred, unless and until those powers are withdrawn by a subsequent notification of the Government. (2) The powers, all or any of which may be conferred on a municipal council under sub-section (1), are as follows:— (a) power, when any building or block, already existing or in course of erection, by reason of any defect specified in sub-section (1), has given or is in the opinion of the municipal council likely to give rise to such risk as aforesaid, to require by a written notice, to be fixed upon some conspicuous part of such building or block and addressed as the municipal council deems fit either to the owners thereof or to the owners of the land on which such building or block is erected or is in course of erection, that the persons so addressed shall within a reasonable time as shall be specified in the notice, either pull down or remove the said building or block, or execute such works or take such action in connection therewith as the municipal council deems necessary to prevent all such risk of disease; (b) power by municipal or other agency, to pull down or remove the said building or block, or to execute such works or take such action, if the persons addressed in the said notice neglect so to do within the time specified therein; (c) power, subject to a right of appeal to an officer who may be empowered by the Government in this behalf and whose decision shall be conclusive, to prohibit by written notice addressed to the owner and occupier of any such site or space and by general notice published in the manner provided in sub-section (6) of section 262 the erection of any building or of any building exceeding such dimensions as may be specified,— (i) on the site of any building which has in whole or in part in exercise of the power specified in clause (a) been pulled down, or (ii) on any space not occupied by buildings whether such space is private property or not, and whether it is enclosed or not, if the municipal council considers that in order to prevent such risk as aforesaid such site or space should not be built upon and either, (a) to acquire such site or space, or (b) to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to be made thereof: Provided that in every compensation case the amount of which shall, in case of dispute, be ascertained and determined in the manner provided in section 268, be paid to any person whose rights are affected by such prohibition. (3) When in pursuance of any notice under sub-section (2) any building has been pulled down, the municipal council shall, unless it has been erected contrary to any provision of this Act or of any bye-law in force thereunder, pay to such owner or occupier as may have sustained damage thereby, reasonable compensation, the amount of which shall, in case of dispute, be ascertained or determined in the manner provided in section 268. (i) on the site of any building which has in whole or in part in exercise of the power specified in clause (a) been pulled down, or (ii) on any space not occupied by buildings whether such space is private property or not, and whether it is enclosed or not, if the municipal council considers that in order to prevent such risk as aforesaid such site or space should not be built upon and either, (a) to acquire such site or space, or (b) to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to be made thereof: Provided that in every compensation case the amount of which shall, in case of dispute, be ascertained and determined in the manner provided in section 268, be paid to any person whose rights are affected by such prohibition. (3) When in pursuance of any notice under sub-section (2) any building has been pulled down, the municipal council shall, unless it has been erected contrary to any provision of this Act or of any bye-law in force thereunder, pay to such owner or occupier as may have sustained damage thereby, reasonable compensation, the amount of which shall, in case of dispute, be ascertained or determined in the manner provided in section 268.