Section 159 in The Gujarat Municipalities Act, 1963
159. Improvement of huts.
(1)Where the executive committee is of the opinion that any hut or shed whether used as a dwelling or as a stable or for any other purpose, and whether existing at the time when this Act comes into operation or subsequently erected, is by reason-(a)of insufficient ventilation or of the manner in which such hut or shed is crowded together with other huts or sheds, or(b)of the want of a plinth or of a sufficient plinth or of sufficient drainage, or(c)of the impracticability of scavenging, attended with risk of disease to the inhabitants of the neighbourhood, it shall cause a notice to be affixed to some conspicuous part of such hut or shed, requiring the owner or occupier thereof, within such reasonable time as may be fixed by the executive committee in this behalf, to take down and remove such hut or shed, or to carry out such alterations or works as the executive committee may deem necessary for the avoidance of such risk.(2)Where any such owner or occupier refuses or neglects to take down and remove such hut or shed or to carry out such alterations or works within the time appointed, the Chief Officer may cause such hut or shed to be taken down, or such alterations or works to be carried out, in accordance with the requirements of the executive committee.(3)Where such hut or shed is taken down by the Chief Officer, the said officer shall cause the materials of the hut or shed to be sold, if such sale can be effected; and the proceeds, after deducting all expenses, shall be paid to the owner of the hut or shed, or if the owner is unknown or the title disputed, shall be held in deposit by the municipality until the person interested therein shall obtain an order of a competent Court for the payment of the same:Provided always that where a hut or shed, existing at the time when the land on which it is situate first became part of a municipal borough, is taken down and removed under this section, compensation shall further be paid to the owner or owners thereof and the amount thereof, in case of dispute, shall be ascertained and determined in the manner provided in section 268.(3)Powers Connected with Drainage, Etc.
