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State of Jammu-Kashmir - Section

Section 25 in The Jammu and Kashmir Development Act, 1970

25. Order of demolition of building.

(1)Where any development has been commenced or is being carried on or has been completed in contravention of a zonal plan or without the permission, referred to in section 13, or in contravention of any condition subject to which such permission, has been granted, any officer of the Authority 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 development shall be removed by addition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period (not being less than five days, and more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reason therefor has been delivered to the owner or that person) as may be specified in the order and on his failure to comply with the order, the officer of the Authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed, as arrears of land revenue;Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.
(2)Any person aggrieved by an order under sub-section (1) may appeal to the Government against that order within thirty days from the date thereof, and the Government may after hearing the parties to the appeal, either allow or dismiss the appeal or may reverse or very any part of the order.
(3)The decisions of the Government of the appeal and subject only to the such decision the order under sub-section (1), shall be final and shall not be questioned in any Court.