Section 337 in Gauhati Municipal Corporation Act, 1971
337. Power to require removal or alteration of work not in conformity with bye-laws or executed not withstanding rejection of plan, etc.
(1)If any building is erected or re-erected in contravention of any development scheme mentioned under section 322 or any building bye-laws made under section 416(1) D or without plans having been deposited, or notwithstanding the rejection of plans, or otherwise then in accordance with any requirements subject to which the Commissioner passed the plans, the Commissioner may, without prejudice to his right of taking proceedings in a court of law for such contravention, by notice to the owner either require him to pull down or remove the work or if he so elects, to effect such alteration therein as may be necessary to make it comply with the said scheme or bye-laws or other requirements specified in the notice.(2)If any case in which the erection or re-erection of any building has been commenced or is being carried on unlawfully as mentioned in sub-section (1), the Commissioner may, by a written notice, require the building operation to be discontinued from the date of service of the notice.(3)If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before the expiry of thirty days, the Commissioner may pull down or remove the work in question, or effect such alteration therein as he deems necessary, and may recover from him the expenses reasonably incurred by the Commissioner in so doing, and such dues shall be recoverable as arrears of municipal tax.(4)Where plans were approved, it shall not be open to the Commissioner to give such a notice on the ground that the building contravenes any scheme or bye-laws as the case may be, or does not comply with his requirements under this Part.
