Demolition or alteration of buildings or well work unlawfully commenced, carried on or completed

(1) If the Zonal Commissioner is satisfied,- (i) that the construction or re-construction of any building or hut or well,- (a) has been commenced without obtaining his permission or where an appeal or reference has been made to the standing committee, in contravention of any order passed by the standing committee; or (b) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based; or (c) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye-laws; or (ii) that any alteration required by any notice issued under section 308, have not been duly made; or (iii) that any alteration of or addition to any building or hut or any other work made or done for any purpose into, or upon any building or hut, has been commenced or is being carried on or has been completed in breach of section 247, he may make a provisional order requiring the owner of the building to demolish the work done, or so much of it as, in the opinion of the Zonal Commissioner, has been unlawfully executed, or make such alterations as may, in the opinion of the Zonal Commissioner, be necessary to bring the work into conformity with the Act, rules, bye-laws, directions or requisitions as aforesaid, or with the plans or particulars on which such permission or orders was based and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building or well or hut. (2) The Zonal Commissioner shall serve a copy of the provisional order made under sub-section (1) on the owner or builder of the building or hut or well together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed. (3) If the owner or builder fails to show cause to the satisfaction of the Zonal Commissioner, the Zonal Commissioner may confirm the order, with any modification he may think fit and such order shall then be binding on the owner. (4) If the construction or reconstruction of any building or hut is commenced contrary to the provisions of section 240 and the Zonal Commissioner is of the opinion that immediate action should be taken, then, notwithstanding anything contained in this Act, 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 or hut to which the notice relates and published by proclamation at or near such building 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) It shall be lawful for the Zonal Commissioner, at any time, before or after making an order of demolition or of the stoppage of the construction or erection of any building or execution of any work, to make an order directing the sealing of such construction or erection or work or of the premises in which such erection or work is being carried on or has been completed, for the purpose of carrying out the provisions of this Act, for preventing from using such construction or erection. (6) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Zonal Commissioner may, for the purpose of demolishing such erection or work in accordance with the provision of this Act, order directing the sealing of such construction or erection of any work to be removed; (i) No person shall remove such seal except under an order made by the Zonal Commissioner; and (ii) Notwithstanding anything contained in this Chapter, no appeal shall lie against such an order of sealing. In the Principal Act, in section 248, after sub-section (4), the following shall be inserted, namely.- “(5) It shall be lawful for the Zonal Commissioner, at any time, before or after making an order of demolition or of the stoppage of the construction or erection of any building or execution of any work, to make an order directing the sealing of such construction or erection or work or of the premises in which such erection or work is being carried on or has been completed, for the purpose of carrying out the provisions of this Act, for preventing from using such construction or erection. (6) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Zonal Commissioner may, for the purpose of demolishing such erection or work in accordance with the provision of this Act, order directing the sealing of such construction or erection of any work to be removed; (i) No person shall remove such seal except under an order made by the Zonal Commissioner; and (ii) Notwithstanding anything contained in this Chapter, no appeal shall lie against such an order of sealing.”