Section 351 in Arunachal Pradesh Municipal Act, 2007
351. Order of stoppage of building or work in certain cases.
(1)Where the demolition of any building or the erection of any building or the execution of any work has been commenced or is being carried on without or contrary to the sanction referred to in section 344 or in contravention of any conditions subjects to which such sanction has been accorded or in contravention of any provision of this Act or the rules or the regulations made there-under, the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.(2)(a)Notwithstanding anything contained elsewhere in this Act or in any rules or regulations made there-under no owner of any building and no person engaged in the construction of any building on behalf of the owner thereof, shall allow storage or stagnation of water in the site for the construction of such building and every such owner or every such person, as the case may be shall completely empty all collections of such water at least once in a week.(b)Where the construction of a building is carried on in contravention of the provisions of clause (a) the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order in writing require the person at whose instance such storage or stagnation of water in the site for the construction of the building is made to stop forthwith any further construction of the building and such orders shall remain in force till the person as aforesaid complies with the requirements of the order as aforesaid, to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer.(3)If an order by the Chief Municipal Executive Officer/ Municipal Executive Officer under clause (b) of sub-section (2) directing any person to stop the construction of any building is not complied with the Chief Municipal Executive Officer/ Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirement.(4)If an order by the Chief Municipal Executive Officer/ Municipal Executive Officer under section 350 or under sub-section (1) of this section, directing any person to stop the erection of any building or the execution of any work, is not complied with the Chief Municipal Executive Officer/ Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistant and workmen from the premises within such times as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirements.(5)No court shall entertain any suit application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/ Municipal Executive Officer to restrain him from taking any action or making any order in pursuance of the provisions of this section.(6)On the compliance with the requirement under sub-section (5) the Chief Municipal Executive Officer/ Municipal Executive Officer may, if he thinks fit, depute by an order in writing a police officer or an officer or other employee of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.(7)Where a police officer or an officer or other employee of the Municipality has been deputed under sub-section (6) to watch the premises the cost of such deputation to be determined by the Municipality by regulations, shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under subsection (1) has been given and shall be recoverable from such person as an arrear of tax under this Act.
