Demolition of buildings unlawfully commenced, carried on or completed

(1) If the Board is satisfied that the construction or reconstruction of any building has been commenced or is being carried on or has been completed without obtaining the permission of the licensing authority, under the relevant law, the Board may make a provisional order requiring the owner or the builder or the occupier of the building to demolish the work done and may also direct that the owner or the builder shall refrain from proceeding with the work of construction or reconstruction of the building. (2) The Board shall serve a copy of the provisional order made under sub-section (1) on the owner or builder or the occupier of the building together with a notice requiring him to show cause within a reasonable time to be specified in such notice why the order should not be confirmed. (3) If the owner or the builder or the occupier fails to show cause to the satisfaction of the Board, it may confirm the order, with such modifications as it may think fit, and such order shall then be binding on the owner, the builder and the occupier and the Board may take any measure or do anything which may, in its opinion be necessary, for giving due effect to the order and expenses incurred for the purpose shall be recovered from the owner, the builder and the occupier, as arrears of land revenue. The Board may seize the materials and tools used for the construction or reconstruction of the building and may sell them and apply the sale proceeds towards the expenses incurred. (4) If the work of construction or reconstruction of any building is commenced in contravention of the provisions of sub-section (1) of section 5B and the Board is of the opinion that immediate action should be taken, then, notwithstanding anything contained in this Chapter a notice to be given under sub-section (2) shall not be of less duration than twenty four hours and shall be deemed to be duly served if it is affixed in some conspicuous part of the building to which the notice relates and published by proclamation at or near such building and accompanied by beat of drum, and upon such affixation and publication, all persons concerned shall be deemed to have been duly informed of the matters stated therein. (5) The Government may call for and examine the records of any proceedings of the Board under this section and after such enquiry as it thinks fit, if the Government is satisfied that the order of the Board is contrary to law, pass such orders thereon as the Government deems fit: Provided that no order shall be made to the prejudice of any party unless he has had an opportunity of being heard.