section 137
Provided that works of necessary repair which do not affect the provision or dimension of a building or any room therein shall not be deemed an alteration or addition for the purposes of this section.
The Mizoram Municipalities Act, 2007Infrastructure2007383 sections24 chapters
Chapter XII BUILDINGS
Statutory text
Demolition or alteration of building work unlawfully commenced carried on or completed Demolition or alteration of building work unlawfully commenced carried on or completed:
- (1) If the Executive Council is satisfied -
- (a) that the construction or reconstruction of any building or well -
- (i) has been commenced without obtaining the permission of the Executive Council or where an appeal has been preferred to the Board of Councillors in contravention of any order passed by the Board of Councillors in appeal; 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 regulation made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or regulations; or
- (b) that any alteration required by any notice issued under section 135 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 purposes in, to or upon any building, has been commenced or is being carried on or has been completed in breach of this section, the Executive Council may make a provisional order requiring the owner or the builder to demolish the work done, or so much of it as, in the opinion of the Executive Council, has been unlawfully executed or to make such alterations as may in the opinion of the Executive Council be necessary to bring the work into conformity with the Act, regulations, rules, directions or requisition as aforesaid, or with the plans and particulars on which such permission or order 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.
- (a) that the construction or reconstruction of any building or well -
- (2) The Executive Council shall serve a copy of the provisional order made under sub-section (1) on the owner of the building together with a notice requiring him to show cause within a reasonable time to be mentioned in such notice why the order shall not be confirmed.
- (3) If the owner fails to show cause to the satisfaction of the Executive Council, the Executive Council may confirm the order with any modification it may think fit to make, and such order shall then be binding on the owner.
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