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State of Assam - Section

Section 36 in Assam Industrial Infrastructure Development Corporation Act, 1990

36. Order of demolition of building.

(1)Where the erection of any building in an industrial area, industrial estate, commercial estate or growth center has been commenced or is being carried on, or has been completed, or any existing building is altered in contravention of the terms on which such building or the land on which it stands is held or granted under this Act, any officer of the Corporation empowered by it in this behalf may, in addition to any, prosecution that may be instituted under this Act, make an order directing that such an erection shall be demolished by the owner thereof within such period not exceeding two months as may be specified in the order, and on the failures of the owner to comply with the order, the officer may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable, by the Corporation from the owner:Provided that no such order shall be made unless the owner has been given a reasonable opportunity to show cause why the order should not be made.
(2)Any person aggrieved by an order made under sub-section (1) may prefer and appeal against that order within thirty days from the date thereof to the Corporation, and the Corporation may after hearing the parties to the appeal either allow or dismiss the appeal or reverse or vary any part of the order.
(3)The decision of the Corporation on the appeal and subject only to such decision, the order made by the officer under sub-section (1) shall be final.