section 349
Order of stoppage of buildings orworks in certain cases,-
The Nagaland Municipal Act, 2001Part V Part V
Where in the municipal are of a Municipality, the erection of any building or the execution of any work has been commenced or is being carried on,- a. without or contrary to the sanction referred to in section 346; or b. in contravention of any condition subject to which such sanction has been accorded; or C. in contravention of any provisions of this Act or the rules or the regulations made thereunder, the Chief Officer of the Municipality
may, in addition to any other action that may be taken under this Act, by order, require the person at whose instances the building or the work has been commenced or is being carried on to stop the same forthwith. 2. No Court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Officer to restrain him from taking any action or making any order in pursuance of this section. 3. If an order made by the Chief Officer under subsection (1) of this section or under section 352, directing any person to stop the erection of any building or the execution of any work, is not complied with, the Chief Officer may take such measures, as he deems fit or may require a Police Officer to remove such person and all his assistants and workman from the premises within such time, as maybe specified by the Chief Officer and such Police Officer shall comply with such requirements. 4. After the requirement under sub section (3) has been complied with, the Chief Officer, may, if he thinks fit depute, by a written order, a Police Officer or an Officer or other employees of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. 5. Where a Police Officer or an Officer or employee of the Municipality has been deputed under sub section (4) to watch the premises, the cost of such deputation, to be determined by the Municipality by regulations, shall be paid by the person at whose instance such erection or execution is being carried or who was ordered to stop erection of the building or the execution of work under sub section (1), and shall be recoverable from such person as arrears of Tax under this Act. 350. Order of demolition of buildings of works in certain cases.- Where the erection of any building or or the execution of any work has been commenced, or is being carried on, or has been completed,- a. without or contrary to the sanction referred to in section 404; or b. in contravention of any condition subject to which such sanction has been accorded; or
C. in contravention of any provisions of this Act or the rules or the
regulations made thereunder,the Chief Officer of the Municipality may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instances the erection or the
work has been commenced or is being carried on or has been completed within such period no being less than five days and more than fifteen days; as may be specified in the order from the date on which a copy of the order or demolition with a brief statement of the reasons therefore, has been delivered to such person: Provided that no order of demolition shall be made, unless such person has bee given, by means of a notice served in such manner, as may be prescribed, a reasonable opportunity of showing cause why such order shall not be made: Provided further that where the erection or the execution has not been completed, the Chief Officer, may, by the same order or by a separate order whether may at that time of the issue of the notice under the first Proviso or at any other time, direct such person to stop the erection or the execution until the expiry of the period within which and appeal against the order of demolition, if made may be preferred under section 351. Explanation- In this chapter "the person at whose instance" shall mean the owner, occupier or any other person, who causes the erection of any building or execution of any work to be done, including alterations or additions, if any, or does it by himself. 2. The Chief Officer may make an order under sub-section (1) notwithstanding the fact that the assessment of such building has been made for the levy of the tax on lands and building.
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