section 351
Appeal:-
The Nagaland Municipal Act, 2001Part V Part V
1. Any person aggrieved by an order of the Chief Officer of the Municipality made under sub-section (1) of section 350, may prefer an appeal against the order of demolition to the Court of the Principal Judge of the District having jurisdiction within the period specified in the order of demolition of the erection or work to which it relates. 2. Where an appeal is preferred under sub-section (1) against the order of demolition, the court of the Principal Judge may stay the enforcement of the order on such terms, if any, and for period as it may think fit Provided that where the erection of any building or the execution of any work has not been completed at the time of making of the order of demolition, no order staying the enforcement of the order of demolition, shall be made by the Court of the Principal Judge unless a surety, sufficient in the opinion of the Court, has been given by the appellant for
not proceeding with such erection or work pending the disposal of the appeal. 3. Save as provided in this section, 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 the provisions ofthis section. 4. Every order made by the court of the Principal Judge on appeal and, subject to such order, the order of demolition made by the Chief Officer under sub-section (1) of section 350 shall be final and conclusive. 5. Where no appeal has been preferred against an order made by the Chief Officer under sub-section (1) of Section 350 or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom the order has been made, shall comply with the order within the period specified therein, or as the case may be, within the period, if any, fixed by the Court of the Principal Judge on appeal, and on the failure of such person to comply with the order within such period, the Chief Officer may himself cause the building or the work to which the order relates to be demolished and the expenses to such demolition shall be recoverable form such person as an arrears to tax under this Act. 352. Power to require alteration of work.- The Chief Office of the Municipality may, at any time during the erection of any building or the execution of any work or at any time within six months after the completion thereof, by a written notice, specify any matter in respect of which such erection of execution is without or contrary to the sanction referred to in Section 346, or is in contravention of any condition of such sanction, or of any of the provisions of this Act or the rules or the regulations made thereunder and may, by order require the person who gave the notice under section 343 other owner of such building or work either,- a. to make such alterations, as may be specified by the Chief Officer in the written notice with the object of bringing the building or the work in conformity with such sanction or such condition of such sanction or such provisions of this Act or rules or the regulations made thereunder, or b. to show cause, within such period, as may be specified in the order, why such alterations should not be made.
2. If such person or such owner does not show any cause as aforesaid he shall be bound to make the alterations specified in the notice. 3. If such person or such owner shows that the cause as aforesaid the Chief Officer shall, by an order, either cancel the notice issued under sub- section (1) or confirm the same subject to such modifications as he think fit. 353. Completion Certificates,- Every person giving notice under section 343 for the erection of any building in a municipal area or for the execution of any work relating to such building or every owner of such building shall, within one month after the completion of erection of such building or execution or such work, deliver or send or cause to be delivered or sent to the Chief Officer of the Municipality a notice, in writing of such completion accompanied by a certificate, in such form, as may be prescribed and shall give to the Chief Officer all necessary facilities for inspection for such building or work. 2. No person shall occupy or permit to be occupied any such building use or permit to be used any building or part thereof affected by any such work, until permission has been granted by the Chief Officer in this behalf, in accordance with the rules and the regulations made under this
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