Power of prescribed authority to order demolition of building unfit for human habitation.

(1) Where the prescribed authority on a report from the local authority concerned or the State Housing Board or the Board or an officer authorizes by the Government for this purpose is satisfied that any building being unfit for human habitation in a slum area is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause, within such time as may be specified in the notice, as to why an order of demolition of the building should not be made. (2) If any of the persons upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the prescribed authority and gives an undertaking to that authority that such person shall, within such period as may be specified by the authority, execute such works of improvement in relation to the building, as will in the opinion of the authority, render the building fit for human habitation or that it shall not be used for human habitation until that authority on being satisfied that it has been rendered fit for that purpose cancels the undertaking, the authority shall not make any order of demolition of the building. (3) If no such undertaking as is mentioned in sub-section (2) is given, or if, in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the prescribed authority shall forthwith make an order of demolition of the building, or require that the building shall be demolished within such period as may be prescribed. (1) Any person aggrieved by an order of the Executive Engineer or the officer of the Board authorized by an Chairman under the foregoing rule may within 15 days from the date of service of such order prefer an appeal to the Chairman: Provided that the Chairman may entertain to the appeal after the expiry of the said period of 15 days, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time. (2) On receipt of an appeal under sub-rule (1), the Chairman may, after calling for a report from the Executive Engineer, or the officer of the Board authorized by the Chairman and after making such further inquiry, if any as may be necessary pass such orders as he thinks fit and the order of the Chairman shall be final. (3) On such appeal being preferred, the Chairman may stay the execution of the order of the Executive Engineer or the officer of the Board authorized by the Chairman for such period and on such conditions as he thinks fit.