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State of Nagaland - Section

Section 358 in Nagaland Municipal Act, 2001

358. Removal of congested buildings.

(1)Where it appears to the Chief Officer of a Municipality that may block of buildings in the municipal area, is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected by the Municipal Health Officer and the Municipal Engineer, who shall make a report in writing to the Chief Officer regarding the sanitary condition of the block.
(2)If upon receipt of such report, the Chief Officer considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall, with the prior approval of the Municipality select the buildings, which in his opinion should holly or in part he removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such buildings to remove them within such period, as may be specified in the notice.Provided that before issuing the notice, reasonable opportunity shall be given to the owners to show cause why the building should not be removed:Provided further that the Chief Officer 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 Chief Officer may, cause the building to be removed and recover from the owner of the building the expenses of such removal as an arrears of tax under this Act.