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State of Jammu-Kashmir - Section

Section 274 in Jammu and Kashmir Municipal Corporation Act, 2000

274. Removal of congested building.

(1)Where it appears to the Commissioner that any block of building in an unhealthy condition by reason of the manner in which the building are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or for the want of proper drainage and ventilation, or of the impracticability of cleaning the building or other similar cause, he shall cause the block to be inspected by the Corporation Health Officer and the Corporation Engineer, who shall make a report in writing to him regarding the sanitary condition of the block.
(2)If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk to disease to the inhabitants of the buildings or of the neighborhood or otherwise to endanger the public health, he shall with the approval of the Corporation in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owner of such buildings to remove them within such period as may be specified in the notice :Provided that before issuing the notice, reasonable opportunity should be afforded to the owners to show cause why the buildings should not be removed :Provided further that the Commissioner shall pay compensation to the owners for any buildings so removed which may have been erected under proper authority.
(3)If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrears of tax under this Act.