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State of Assam - Section

Section 400 in Gauhati Municipal Corporation Act, 1971

400. Right of owner to apply to the court of District Judge in case of obstruction by application.

(1)The owner of any land or building may, if he prevented by the occupier thereof from comply with any provision of this Act or any rule or bye-law made thereunder or with any notice, order of requisition issued under such provision apply to the court of the District Judge, and where such application is made within any time that may be fixed for the compliance with such provisions or notice, order of requisition, the wonder shall not be liable for failure his to comply with the provisions or notice, order of requisition within time as fixed.
(2)The Court, on receipt of such application may make a written order requiring the occupier the land or building to afford all reasonable facilities to the owner for complying with said provisions or notice, order of requisition and if may also if it things fit direct that the cost of such application and order be paid by the occupier.
(3)After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order and in the event of his continued refusal to do so, the owner shall be discharged during the continuance; of such refusal from any liability which may have been otherwise incurred by reason of his failure to comply with said provision or notice, order of requisition:Proceedings Before the Court of the District Judge