47. Powers to remove unauthorized construction, etc.
(1)No person possessing or occupying any Wakaf property whether as an allottee, lessee or otherwise, shall, except in accordance with the authority under which he was allowed to occupy such premises,-(a)erect or re-erect or raise any building or place any movable or immovable structure or fixture on ; or(b)display or spread any goods on ; or(c)bring or keep any cattle or other animal, on, or against, or in front of any Wakaf premises, without the sanction in writing of Council or Chairman, Tehsil Committee.(2)Where any building or other immovable structure or fixture has been erected ; placed or raised on any Wakaf premises in contravention of the provision of sub-section (1), the Chairman, Tehsil Committee may serve upon the person erecting such building or to show cause why shall not remove such building or other structure or fixture from Wakaf premises within such period, not exceeding seven days, as he may specify in the notice and remove such building or other structure or fixture from the Wakaf premises, or where the cause shown is not, in the opinion of the Chairman, Tehsil Committee, sufficient, the Chairman, Tehsil Committee may by order, remove or cause to be removed the building or other structure or fixture from the Wakaf premises and recover the cost of such removal from the person aforesaid as an arrear of land revenue.(3)Where any movable structure or fixture has been erected, placed or raised, or any goods have been displayed or spread, or any cattle or other animal has been brought or kept, or any Wakaf premises, in contravention of the provisions of sub-section (1) by any person, the Chairman, Tehsil Committee may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the Wakaf premises and recover the cost of such removal from such persons as an arrear of land revenue.(4)Where any building is erected or re-erected without the sanction referred to in sub-section (1) or in contravention of any condition subject to which such sanction has been granted or erected or re-erected portion of the building shall be deemed to the Wakaf property under this Act, and, the person erecting, re-erecting, possessing or occupying the property whether as an allottee or otherwise shall have no right or claim for the ownership of such erected or re-erected portion or any compensation in lieu thereof.(5)Notwithstanding anything contained in the Act or in any other law for the time being in force, any construction raised with the permission of the Council or Chairman, Tehsil Committee, on the Wakaf property, shall on the expiry of the lease or allotment or on termination of the lease before it expires, for any reason whatsoever, be deemed to be the Wakaf property under the Act and any person who has raised such construction, or structure, or is in possession or in occupation of such property as an allottee, or lessee, licenses or otherwise shall have not right title, interest, or claim in respect of such construction of structure raised by him on such Wakaf property or any compensation in lieu thereof.Explanation. - In this section "building" means and includes any shop, house, shed, hut, out-house, superstructure and stable whether used for the purpose of human habitation or otherwise and whether masonry, bricks, wood, metal or any other material whatever and includes a wall and well.
