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Union of India - Section

Section 185 in Cantonments Act, 1924

185. Power stop erection or re-erection or to demolish.-

[(1)] [The original s.185 was re-numbered as sub-section (1) of that section by Act 24 of 1936, s.51.] A [Board] [Substituted by Act 24 of 1936, S.69, for "Cantonment Authority" ] may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the [Board] [Substituted by Act 24 of 1936, S.69, for "Cantonment Authority" ], considers that such erection or re-erection is an offence under section 184, and may in any such case [or in any other case in which the Board considers that the erection or re-erection of a building is an offence under section 184, within [twelve months] [Inserted by Act 24 of 1936, s.51 ] of the completion of such erection of re-erection] in like manner direct the alteration or demolition as it thinks necessary, of the building or any part thereof, so erected or re-erected:Provided that the [Board] [Substituted by Act 24 of 1936, S.69, for "Cantonment Authority" ] may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable:[Provided further that the Board shall not, without the previous concurrence of the Officer Commanding-in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board.
(2)A Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the order under section 181 sanctioning the erection or re-erection has been suspended by the Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 52, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re-erected where the Officer Commanding-in-Chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re-erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him:Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the Officer Commanding-in-Chief, the Command, has been communicated to him.] [Inserted by Act 24 of 1936, s.51]