Section 219 in The Gujarat Municipalities Act, 1963
219. Special powers which may be conferred by the State Government in respect of over crowded area.
(1)If the State Government is of the opinion that risk of disease has arisen or is likely to arise either to any occupier in, or to any inhabitant in the neighbourhood of, any area by reason of any of the following defects, namely-(a)the manner in which either buildings or blocks of buildings, already existing or projected therein, are, or are likely to become, crowded together, or(b)the impracticability of cleansing any such buildings or blocks of buildings, already existing or projected, or(c)the want of drainage or scavenging, or the difficulty of arranging therein for the drainage or scavenging of any such buildings or blocks or area as aforesaid, or(d)the narrowness, closeness, bad arrangement or bad condition of the streets or buildings or groups of buildings, it may by notification confer on the municipality to which such area is subject, all or any of the powers specified in sub-section (2), and may, if it deems necessary, at any time make rules prescribing, any limitations, restrictions, modifications, conditions or regulations, subject to which the municipality shall exercise within that area the powers so conferred, unless and until those powers are withdrawn by a subsequent notification of the State Government.(2)The powers which may be conferred on a municipality under sub-section (1) are as follows:(a)power when any building or block already existing or in course of erection, by reason of any defect specified in sub-section (1) has given or is in the opinion of the municipality likely to give rise to such risk as aforesaid, to require by a written notice, to be fixed upon some conspicuous part of such building or block and addressed, as the municipality deems fit, either to the owners thereof or to the owners of the land on which such building or block is erected or is in course of erection that the persons so addressed shall, within such reasonable time as shall be specified in the notice, either pull down or remove such building or block, or execute such works or take such action in connection therewith as the municipality deems necessary to prevent all such risk or disease;(b)power by municipal or other agency to pull down or remove such building or block, or to execute such works or to take such action as aforesaid if the persons addressed in the said notice neglect so to do within the time specified therein;(c)power, subject to a right of appeal to the [Director] [This word was substituted for the words 'Development Commissioner' by Gujarat 6 of 1965, section 5.] whose decision shall be conclusive, to prohibit, by written notice addressed to the owners and occupiers of any site or space hereinafter descried and by general notice published in the manner provided in sub-section (3) of section 226, the erection of any building or of any building exceeding such dimensions as may be specified in such notice:-(i)on the site of any building which has, in whole or in part, under the provisions of this section, been pulled down, or(ii)on any space not occupied by buildings, whether such space is private property or not and whether it is enclosed or not, if the municipality considers that in order to prevent such risk as aforesaid, such site or space should not be built upon in whole or in part; and either to acquire such site or space or to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to make thereof:Provided that in every case compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided inn section 268 shall be paid to any person whose rights are affected by such prohibition.(3)When, in pursuance of any notice under sub-section (2), any building has been pulled down, the municipality shall, unless such building has been erected contrary to any provision of this Act or of any by-law in force thereunder, pay to such owner or occupier as may have sustained damage thereby, reasonable compensation, the amount of which shall in case of dispute be ascertained or determined in the manner provided in section 268.(4)The State Government may prescribe by rules a fine exceeding one thousand rupees for every breach, and a further fine not exceeding fifty rupees a day for every continuing breach, of any order made or conditions imposed by the municipality in exercise of any powers conferred upon it under this section.
