Section 459 in The Orissa Municipal Corporation Act, 2003
459. Removal of unsafe structures etc.
(1)If at any time it appears to the Commissioner that any building or any structure of a building such as wall, parapet, pavement, floor, steps, railings, door or window: frames or shutters or roof, or other structure and any thing affixed to or projecting from or resting on, any building, wall, parapet or other structure is in dilapidated condition or is likely to fall, or is in any way pose danger to any person in occupation of such building or passers by, the Commissioner may, by written notice, require the owner or occupier of such building or structure, either to pull down, or repair such structure or any part of that building as he may think fit in order to prevent all cause of danger therefrom.(2)The Commissioner may also, if he thinks fit, require the said owner or occupier by the said notice, either forthwith or before proceeding to pull down, or repair the structure or the building or part thereof and to set up a proper an sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail as afar as practicable, to serve as foot way for passers-by outside of such hoard or fence.(3)If it appears to the Commissioner that the condition of the structure, the building or part thereof the danger from a structure which is unsafe and requires immediate action,he may, before giving notice as aforesaid or before the period of notice expires, fence off, pull down, or repair the said structure or take such steps or cause such work to be executed as may be required to prevent the danger.(4)Any expenses incurred by the Commissioner under Sub-section (3) shall be paid by the owner or occupier of the building.(5)Where the Commissioner is of opinion whether on receipt of an application or otherwise that the only or the most convenient means by which the owner or occupier of the building referred to in Sub-section (1) can pull down or repair such structure, by entering into any of the adjoining premises belonging to some other person,the Commissioner, after giving such person a reasonable opportunity of hearing, by an order in writing, authorize such owner or occupier to enter such adjoining premises and such owner or occupier or any agent or person employed by him may enter into such adjoining premises at any time between sunrise and sunset to execute necessary work.(6)In execution of such work under this Section as little damage as possible shall be done to the adjoining owner's property, and the owner or occupier of premises, for the benefit of which the work is done, shall -(i)cause the work to be executed with the least practicable delay;(ii)pay compensation to the said adjoining owner who sustains damage by the execution of the said work.
