Special powers which may be conferred by State Government in respect of over crowded area

Special powers which may be conferred by State Government in respect of over crowded area.-(1) If the State Government is of opinion that risk of disease has arisen either to any occupier in, or to any habitant in the neighbourhood of any area by reason of the following defects, namely:-

1. (a) themanner in which either buidings or blocks of buildings already existing or projected therein, are, or are likely to become, crowded together; or
2. (b) the impracticability of cleaning any such building or blocks or buildings, already existing or projected; or
3. (c) the want of drainage or scavenging, or the difficulty of arranging therein for the drainage or scavengingnor any such buildings or blocks or areas as aforesaid; or
4. (d) the narrowness, closeness, bad arrangement or bad condition of the street or buildings or group buildings; it may, by notification, confer on the Council to which such area is subject all or any of the powers specified in sub-section (2) and may, if it deems necessary at any time make rules prescribing any limitations, restrictions, modifications conditions or regulations subject to which the Council shall exercise within that area, all powers so conferred, unless and until those powers are withdrawn by a subsequent notification of the State Government.

1. (2) The powers, all or any of which may be conferred on a Council under sub-section (1) are as follows:-
   • (a) power when any building or block already existing or in coursen of erection by reason of any defect specified in sub-section (1), has given or is in the opinion of the 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 Council deems fit, either to the owners thereof or to the owners of the land on which such building of erection that the persons so addressed shall, within such reasonable time as shall be specified in the otice, either pull down or remove such building or block or execute such works or take such action in connection therewith as the Council deems necessary to prevent all such risk of disease;
   • (b) power to Council or any other agency authorized in writing by the Council to pull down to remove such building or block, or to execute such works or take such action as aforesaid, if the persons addressed in the said notice neglect so to do within the time specified therein;
   • (c) power, subject to right of appeal as herein after provided, to prohibit, by written notice addressed to the owners and occupiers of any site or space hereinafter described and by general notice published in the manner provided in sub-section (3) of Section 294, the erection of any building, or of any building exceeding such dimensions as may be specified in such notice-
     • (i) on the site of any building which has, in whole or in part, under the provisions of this section been pulled down; or
     • (ii) on any space not occupied by buildings whether such space is private property or not and whetherit is enclosed or not, if the Council considers that order to prevent such risk as aforesaid such site or space should not be built upon in whole or in part; and either to acquire such site or space or 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 case compensation, the amount of which shall in case of dispute, be ascertained and determined in the manner provided in Section 303, shall be paid to any person whose rights are affected by such prohibition.
2. (3) When, in pursuance of any notice under sub-section (2) any building has been pulled down, the Council shall, unless such building 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 303.
3. (4) The State Government may prescribe by rule a fine not exceeding five hundred rupees, for every breach, and a further fine not exceeding twenty rupees a day for every continuing breach, of any order made or conditions imposed by the Council in exercise of any powers conferred upon it under this section.