Demolition or alteration of buildings unlawfully commenced, continued or completed

Demolition or alteration of buildings unlawfully commenced, continued or completed.– (1) Unauthorised construction deemed to be continuing violation.- Construction or re-construction or portions which are unauthorized and otherwise than in accordance with the sanctioned plan or unless regularized or demolished, shall be deemed to be continuing violation of the provisions of this Act or the regulations or the bye- laws, as the case may be and actions shall be initiated under this section.

1. (2) Verification of the unlawful constructions.- The Commissioner may authorise an officer subordinate to him to conduct site inspection for verification of the construction being under taken as per sanction plan. Upon such verification prima facie, if observed that the construction or reconstruction is not in accordance with the sanctioned plan, notice shall be

served to the khatadar or Licencee or the person responsible, calling upon to attend joint inspection in his presence and to submit supporting documents, in this regard giving minimum of ten days time.

1. (3) Issue of orders and notices for demolitions of unlawful constructions.- If the commissioner is satisfied,-
   • (a) that the construction or reconstruction of any building,-
     • (i) has been commenced without obtaining his permission or where an appeal or reference has been made to the Chief Commissioner, in contravention of any order passed by the Commissioner; or
     • (ii) 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
     • (iii) 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
   • (b) that any alteration required by any notice issued under this chapter have not been duly made; or
   • (c) that any alteration of or addition to any building or any other work made or done for any purpose into, or upon any building, has been commenced or is being carried on or has been completed in breach of section 250, he may make a provisional order requiring the khatadar of the building to demolish the work done, or so much of it as, in the opinion of the Commissioner, has been unlawfully executed, or make such alterations as may, in the opinion of the 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 khatadar or builder shall refrain from proceeding with the building.
   • (d) The Commissioner shall serve a copy of the provisional order made under sub-section (3) on the khatadar or builder of the building together with a notice served in accordance with the provisions of this act, requiring him to show cause within a reasonable time of not less than fifteen days to be named in such notice, to demolish such work which has been so executed and direct such alterations as may be necessary to bring the construction in conformity as aforesaid and directing that, why the order should not be confirmed: Provided that before passing confirmation order the Commissioner shall conduct personal hearing to decide on the submissions from the khatadar or person responsible. In case, on the intimation for personal hearing the khatadar or builder fails to appear the Commissioner shall decide the matter based on merits.
   • (e) If the khatadar or builder fails to show cause to the satisfaction of the Commissioner, the Commissioner shall confirm the order, with any modification he may think fit and such order shall then be binding on the khatadar.
   • (f) Where the khatadar fails to demolish the building or part thereof as directed in the order, or fails to remit the compounding fee within the time specified, or fails to comply with any condition stipulated in the order within the time specified, the Commissioner may file a criminal complaint against such a person, and shall himself cause the building or structure or part thereof demolished and the expenses thereof shall be recovered from the khatadar as if it were an arrears of property tax due under the Act.
2. (4) Sealing of unlawful Building.-
   • (a) It shall be lawful for the Commissioner, at any time, before or after making an order of demolition or of the stoppage of the erection of any building or execution of any work, to make an order directing the sealing of such 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, or for preventing him from using such construction or erection.
   • (b) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the

Commissioner may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.

1. (c) No person shall remove such seal except.-
   • (i) under an order made by the Commissioner; or
   • (ii) under order of an Appellate Authority, made in an appeal under this Act.